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Home My WebLink About1996-12-02 (Regular) Meeting Agenda• • • (, • DECEMBER 2, 1996 REGULAR CITY COUNCIL MEETING Ordinance I~ ~~~68, 69, 70, 71, 72 Reaolution I 97, 98, 99, 100, 101, 102, 103, 104 . ' • .. 0 • I. • 0 1 J2xl • • t• •, • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Sellioa Deceaber 2, 1996 I. Call to Order The regular meeting oCthe Englewood City Council was called to order by Mayor Bums at 7 :39 p.m. 2. .___ The inwc:alion was given by Council Member Wiggins. 3. PWaellAleaiaw:e The PledF oC Allcgjancc was led by Mayor Burns. Present : Council Members Halhaway, Clapp, Wiggins, Habenicht. Vormittag, Wagoner. Burns Ablcnl : None A quorum was present. Also present: City Maaqer Clark City Aaorney Bl'CIIZlmll S. M.-. Allillul to the City Maaqer Grace City Clerk Ellis Planning c-ity Coonli.-or Sutt Duec:tor Fonda, Utilities (a) COUNCIL MEMHR WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MErl'ING OF NOVEMBER II, 1996. Ayes : ec-cil Mcallerl Hadlaway. Vormittag, Wiggins, Habcnicbt. Waaaacr. Clapp. Bvm Nays: Nolle 6. Sc•1III Id Viliten TbcR wen: no ICbcduled viliton. (a) Cindy ~ 3113 Soudl Rac1C Slreel, ltaod lhal 1111c is alking Council to amcad the propoa1 , rrom 111c last Council meellllg. repnliaa 111c day can: ilale. ClOIICeffliaa 111c ClODditional .. on people wbo ba\'C previously been in cxlaencc. SIie noted lhal they ba\'C been openling for --1 years, • , .. • 0 •. -. L:'"1 • -~ I ' '32 x l • Ea&kwood City Couacil Deceaber 2, 1996 Pqe2 0 • I• they have been operating peacefully in the community and there has not been any problems with this. Ms . Gagnon commented that she is really kind of confused about the two years, why they have to go through two more years and then apply for the conditional use, when they have been operating all along. She opined it is very easy to check planning and zoning to sce if there have been any complaints and if they have been a problem to their neighbors. She said she is asking Council to consider that. Ms. Gagnon DOied that she also wanted to point out what this will do to new licensed care coming in. She offered the scenario that we have a new person that has moved in, their realtor has not told them that they have moved into an R-1-A Z.One so they go to apply for their license. She said she assumes now they will be told to check zoning, so they are not in the same boat the rest of them are in. Continuing with the scenario, Ms. Gagnon commented that they then go to the planning and zoning and find out that they first of all have to put a sign in their yard and they have to go and get their neighbors approval . She opined that very few people. after going through all the regulatioas al the Stale. are going to do that. In essence, she said. she is very conc:erncd that Council will severely limit the number of licensed clay can:. even with the conditional use. that are going to be able to come in. She DOied that people call her al least once a week and she is not able to take their children. She pointed out that there is such a need for clay care. Ms . Gagnon said she is asking that. rather than put limits on people that they are not going to be able to do, she is asking that we come together and address some of the fears of some of the opposition. For example, she noted, they are really conccmcd. about numbers. She pointed out that they are licensed for six children and she has told people repeatedly that they are not centers. She reiterated that she is allowed only six children and if they see more than that she asks that they call social services. She noted it is not safe, either they are unlicensed or they are not following the guidelines they agreed to with social services. She asked why all the groups on this don't come together, put out the day care regulations. so the neighbors arc not being bothered. Instead of fighting each ocher on this, she asked why they don't come together as a committee and, instead of basically diminating licensed day can: in this area where it is so needed, come together and really SIJUCture it so that it is not ofl'ensive to any of the neighbors. So again, she said, she would ask that Council reconsider the conditional use that was proposed last week . (b) Karasa Lavery, Mrs. Arapahoe County, 3271 South Acoma Street. Slated that she had very little to say on the topic. However. she noted, she is intcreslcd in s&arting a non-profit child care center on 3100 South Acoma. She said she is DOC quite awan: of whether that is in the R-1-A z.one District. however, if it is not. that is very. very helpful. Ms. Lavery Slated that she is very much in suppon of what she is asking. that the child can: providers all be brougbl together III they can discuss this matter. Because this will really affect the families and the childral in this area that really need child can: and the home care providers. She said she would hate to make it more diffiadt for these folb, who alRady have to go through III many regulations jllll to operalC daily. So. she COIIIIIIClllcd, she is also asking that Council reconsider . (c) Jackie Howard, 10725 West On&ario Place. Littleton. staled that her daughter is in Englc:wood day care. She said she wanted to point out that the people of the R-1-A z.one District exclusivdy. almolt esaentially, Hampden Hills, had 39 signalW'el llaling that they were oppc-1 to in home day care. That was presented al the meeting of November, .. and she Qlllcd to point out that they had signatures al111 turned in that said that clay care ii DOC a problem. never has been a problem, never will be a problem . She said they had over 400 signalW'el dull were turned in this morning all in the R-1-A District. Ms. Howard DOied that. to her. that's llaliag dull there are only few people that have a problem with this day care, there are only a few that have any kind of pn,blean with the quality of life that is going 10 be affecting their neighborhoods. She commcnlcd lhal clay care is CIIClllially from six o'clock in the morning lo six o 'clock al night . She said she wanlcd to a the few people that are oppc-1 to clay can: what happens if a family of five or six kids move in next door. are they are going to have two years to gee rid of their children. She asked if that is a condilional use or if that is jllll for day can:. Ms. Howard said that it seems like the ruling is just going completely apilllt the childml of today. She Slated she would ' 1 • Ea&ieWON City C•ac:11 Decealler 2, 1"6 ... 3 <. • • really like to have Council reconsider. lnslcad or being kind or a fence sitter, she said she would really like Council to make a stand for our children . (d) Joan Smallwood. 4737 South Fox Street, advised that today she brought down and presented Council with a petition with over 400 signaturCS requesting that they amend the bill that was imposing conditional use on family child care homes. She opined that the conditional use will encourage the growth of UDliccnscd care and will dillCOW'qC, and perhaps in some cases, eliminate licensed care. She said that she believes the imic llill at hand is wbdhcr R· l ·A will haw licensed or unlicensed care, child care will be present bccaUle children, parents and ICbools do liw in the R· l ·A areas. Ms. Smallwood llaled there will be child care, dial it is just wbethcr or not the City clecides if they want licensed or unliccmed care. Obviously, she aid, two weeks ago a petition was submitted with roughly 39 signaturCS opposing child care c:cntas. She pointed out that they have newr asked City Council to approYC ccn1cr1 in the raidcalial an:as, only family cbild care homes. Ms. Smallwood said she would have great raervaliom about IDIIIClbody moving into her neighborhood, or praently in her neighborhood, conwrting their home to a center that would accommodate 20 plus children. As would the other people in opposition to c:mla'S. But basically' she aid, she has not heard a whole lol or a,mplaint at all regarding jusl the small family child care homes. In the cvcnt Council should decide not to grant them a full cxemplioa, she said she would like to .. for a modification or the conditional use for ancdling that is or great coaccm 10 many or the pn,viclers, hcnelf included. And that is dial they have to put a large sign in their froal yanl dial will indic:atc to the community at large dial they are -al a-, alone. with small c:llildlal. Ms. Smallwood explained that they are mandated by the State to have an open door policy, dial they are not alkJMd to have their doors locbd. She said the parents have to have full access to their home al any time or the day during their working hours. She llaled she does bclicw this could lcaYc them al jeopardy for any poCcnlial criminal activity dial they should 81M1ti1e thcle factors IOldher. When put IOplhcr, she main&aincd they ICCID to have quite a dan,cr combined. Perhaps, she suggested, the conditioaal uae could be modified to eliminate the sign fnlm the froal yanl few their own health and safety . She advised dial she allO pn:ICllted to Council -inforalalioll dial she had acquired . She DOied she recciwd in the mail the Eaglcwood School News, dial e¥el)'OIIC pniblbly reccMS. which is written and edited by Alex Habalicbl or the City Council. Ms. SaalJwDad opined lllal the writing, prinling, dillributioa and being paid for IUCh ___. -IO he a lllac !med llusiK8 and could polSibly put her in direc:l cmftic:t with this ~ repnlillg dlild can:. SIie .....-.. dial if she bas a home !med lllllinca, perhaps she should allllain fflllD aakilll aay _. CW \'Clbllg OD an iauc rcprding cbild caR • a homc !med busillCII. Ms. Smllwood Ille jlllt feds there ii an innale conOic:t in cxiltCDCC there. In rcpnl to the pdition, Ille aid Ille .... like IO call to die altelllioa or Mr. Wiggins, dial many or the 400 sipalWel -riglll Olll olllil diluic:t. SIie aid Ille --dial Idling aside his own ~ opinions, to prelClll a VOie for die ..,my or llil a,ea, is a diffiaah dung to do . But she cncourapd him 10 uy to Id aside his ...-i blinp and wee for wllll his CllllllblUelltl in the area he rq,racntl want. COUNCIL MEMalR HATHAWAY MOVltD, AND ff WAS SECONDED, TO ACCUT WITH llltGUT STltVlt MULHltllN'S U:TTltR OP USIGNATION PROM THI: ltNGLltWOOD UUAN RENEWAL AUTHORITY AND TO WISH HIM WELL IN BIS POSfflON IN BIS NEW Joa. Motion carried. Ayes : Council Members Hathaway, Vomillll, Wigi111, Haheaicbt, Wagoner, Clapp, Burns Nays : None . ' 1 • 0 1 32xl • Englewood City Council December 2, 1996 Pace• 0 • Mayor Bums oommc:nlcd that he is to a,ntact Mr. Mulhern, as he also serves on the Housing Authority Board on which he is a very good member, but he has been absent for a couple of months for this same reason. So, he noted, they do not know yet whether he is going to stay on the Housing Authority Board or not . 9. Pwblk Heari•c (a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON THE BROOKRIDGE SHOPPING CENTER PLANNED UNIT DEVELOPMENT. Ayes : Council Members Hathaway, Vonnittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None Motion canicd and the public hearing opened. All testimony was given under oath. Planning Community Coordinator Stitt stated that this is a public hearing for the Brookridge Planned Unit Development. He advised that this matter was a,nsidered by the City Planning and Zoning Commission on October 8, 1996. II is a PUD application to allow the expansion of the shopping center into mini or self storage on the eastern ponion of the site. He noted that this is, in fact, the first Planned Unit Development to go through our process, that the PUD process was adopted this year in July. Mr. Stitt submitted proof of publication that Notice of Public Hearing was published November 7, 1996 in the Englewood Herald. He stated that the applicant will be providing proof of posting. He explained that early in the process staff' spent a peal deal of time working with the applicant on exactly how to present this proposal to the City . Originally, when they first talllcd with the applicant, the Planned Unit Development regulations wcmt't in place . And his propoul. while interesting. presented a problem for the staff in that there wasn't a vehicle to pRICIII this propoul to both the Planning Commission and City Council . So, he noted. they prevailed upon Mr . Sprigs 10 wail until the Planned Unit Development rcgulahons were in place to pRICIII this pn,poal to both the Planning Commission and City Council. The applicant has chosen that. at Slaff" s aagcstion, as a way of providing for a site specific review of a proposal . Mr. Stitt explained that their a,ncem was that if this pn,poal were adopted in the B-2 District in general there would be lea llOIIUOI available. Whereas, the Plaancd Unit Devc:lopmeot regulations provide a greal deal of llOIIUOI, IIOI oaly OIi specific .-S. bul in terms of the design and operation of the prCJp*d uses . He advilCd that basically the applicant is fflqllClling a modification of the exitling B-2 rcgulalions. The Planned Unit ~dapmcnl is ClOlllpOICd of two najor a,mpo11C1111. a district plan, which is basically the regulalicns that .-rn the uses on the site. and a site plan, which IOVCl1II exactly what UICI lll'C politioncd when:, aa:ca, l•nchr3ping wl ta-typel of CIClllliclerali. The district plan would not look significantly difrcrall fn,m die exitling 8-2 tt&'Jdationc in tcnns of permitted UICI. Density and that type of issue, with the exccptiolJ it permits mini..,.. as a U1C in this panicuJar lll'CI. He advised that the site in panicuJar is the Brookridale Shappitlg Cemer, which is bounded by Belleview, Broadway and Centennial Avenues . He llaled that Ille applicauon that -origiaally IIUbmiltCld by Mr. Sprias, was an application that we provided him wl it was a PIWICld De..-doplDeat application. bcalule • the time we had jUII a,mplelcd Ille PUD ordinance ud bad 1101 prqllRld an oft"ICial PUD application. He explaincd that I stalemelll on the bottom of that PD applicauon llas led 10 -OOIICCl'II that requires that if the applicant is not the pruperty owner that a ..... fnm the pruperty owner be lllillnined in addition lo the applicauon. That was lnlC: under Ille rqul#ionc of the PD. but the Planned Unit ~c:lopmelll rcquirrmenll are AICb that the applicant-* 10 .,_, oaly a Ulllalltial iDIClal in the property or a llalCmeDI fn,m the pruperty OWIICI'. ID tllis C1N. he advilCd, bllDd 1111 -aaa1ysis. the applicant 1111 a •.,.antial lc:ale on the pruperty ud 111111 COllll.ihllel a sipifk:ant or • .,.alllial iDICral in the pn,per1y and a lltalCIKnl by the property owner -IIOI neceasary . He rdlenlled llull a pr.-111C 1 • .,----v----------------~-- Enckwood City Couacil December 2, 1996 Paies 0 • t• was considered by the Planning Commission on Octobers"' and at that time there were several comments made by the citizens and residents in adjacent areas . Mr. Stitt advised that the Planning Commission included a significant number of conditions u a pan of the devclopmcnt. He said he would bricOy go through those. He stated that the appn,vaJ by the Planning Commission was conditioned upon two inch caliper trees being placed twenty feet apan planted on the Eul Centennial side adjacent to building number two. Two additional trees of two inch caliper would need to be planted on the Belleview Avenue side to balance out the existing landscaping. The interior parting isles on the west side of the shopping center would need to have a toca1 of ten trees or two trees per each of the five parking islands. All of the on-site landscaping required would have to be irrigated. The developer and fire marshal shall resolve the emergency access issues in terms of providing fire pnuc:liOD for the eastern IIIOlil &loragC buildings. The use of the &loragC buildings arc for that specifically, 111Jra,e Clllly . There shall be a prohibition on the rental of trucks. trailers and can from this site. The developer shall uae the same facade materials, colors and architcctural c:baracter for the mini &loragC units • ii uml in the .-indel' of the shopping center. The roof style sblll be compatible with the roof ltyles of the shopping ccnter, having pitched roofs residential in character. So, he said. based on thole conditions the Planning Commission recommends approval of the Planned Unit Development for the Brookridge Shopping Center. Council Member Habenicht commented that this is the first PUD they have dealt with and they have recently passed the ordinance for a PUD . She asked Mr. Stitt if he is saying that if somebody has an interest in a property, like a long term lease, they can circumvent an agreement with the owner of the property through getting a PUD change to do something on that property. Mr. Stitt said he was not sure he understood what she meant by circumvent. He asked if she means in the case where they may be contrary language in the lease. Ms . Habenicht said that is right. Mr. Stitt said no, that would be a civil matter and we would try to avoid situations like that. He noted that the applicant can address the specific nature of the lease, but that it is his undentanding that it is a SS year lease and the information that he has seen concerning that lease gives the lease holder the right to COIISlrUCt. demolish on the site without the written consent of the land owner. So in this cue, Mr. Stitt llalcd, they felt comfonable that the lease demonstrated significant or subitantial intercsl in the property. Council Member Habenicht said then this is very common in places that have PUD's that jusl deal with the ~ who has the interat in the property . Mr. Stitt stated that based on bis experience, which is ..-hat limited in the CIIIC, he would say yes that is true. Mayor Bums asked how many~ &loragC areu we have in the City. Mr. Stitt said that he can think of one official mini-storage situation located on Fedenl Avenue and Decatur . He noted that is a public 11orage facility and thal he did not believe there wen: any ocben within the City. Ms . Habenicht asked if there _'I one OD Windermere . Mayor Bums noted thal CNIC ii in Littldon. Cuuncil Member Vormittag asked how much of this wiU he-from Broadway. Mr. Stitt said thal he did not believe you will lCIC any of it from Bniedway, bccauK it ii localed OD the call side of the lllopping center and there is a significant two story building there . Mr . Stitt said bccaule of the topography OD the south side of the shopping center that would obscure din,ct site of the mini 11orage facility , • -i1 • screening from the Centennial Avenue side. Mr. Vormittag asked bow much ofit from Belleview . Mr. Stitt said that there arc mme buildings propoaed for the area right off of Belleview. but tllOlc buildings would be a couple of hundred feet IOUlh of Belleview 10 you might 1C1C roofs. but he -ROI IUl'C you would ICIC much else . Mr. Vormittag asked about the Centennial side. Mr. Stitt adviled that OD the Centennial side you wilJ ICIC the back sides ol lOIIIC of the llnlClurcl, but bccaule of the way they arc going to be comtructcd it is going to look pretty much like a wall . Mr. Vormittag said. then the back of the building would be the fence line more or lea. Mr. Stitt said that is right. Mr . Vormittag said tben that i1 going to be with lfflCI and CVCl)1hina planled alona the side there too . Mr. Stitt uted tbal ii right bued OD the Planning Commi11ion ', conditioa al incrcasing. upsrading the landlcaping OD the IIIUlh side for that apc,cific reason. to provide more ecrecaing on the Ccdcnnal A-side. 1 .. • , • .,---------------------- En&tewood City Cauacil Deceaber 2, 1996 Pace6 • • Council Member Waggoner said that in a lot of our business areas or industrial areas, commercial areas, it seems like we have tried to ina,rponle, at least against residential zoned areas, some buffer zone or buffer strip with quite a lot of landscaping and fencing. He Biked what is requin,ct on this panicular site, against the residential area . Mr. Stitt advised that. in this particular case, there is a set back that is basically created by an easement along the eastern side of the property. Mr. Waggoner asked what type ofan easement. how wide. Mr. Stitt said it is either eight or ten feet wide . Mr. Waggoner asked if that is to be heavily landscaped. Mr. Stitt stated no, that is a utility easement for overhead power lines. Landscaping that would make it difficult for Public Service to get in there and access those lines, so landscaping would not be requin,ci. In fact. Mr. Stitt noted, at the edge of that easement will be the backsides oCthose storage units, which will provide a buffer. Our fencing and buffering regulations typically have n,quirements that 5lale a specific Id back laockcapcd or ifthal is not pollible to place a masonry wall . A typical example would be in our induslrial aras where you have a ~ wall right on the property line to provide for a buffer or a landlcape llrip. In this caK. Mr. Stitt noted, -·ve got the eight or ten fOOI separation from the property line as a result or the easement and the rear side of the building will form that buffer. Council Member Waggoner oommentcd that he remembers in particular the case of Cinderella City, where we n,quiRd quite a landscaping llrip adjaceDt to residential area where we built Cinderella City . Mr. Stitt Biked if that was the current Cinderdla City. Mr. Waggoner said yes. Aoyd Avenue was quite a strip in there. that was requin,ct by the City at the RIQIICSl or those citizens. Mr. Stitt advised that there was some discussion at the public hearing before the Planning Commission about landscaping that area behind those buildings between that and the property line. He staled there was testimony presented, by a police officer from Denver who owns property in that area, and it was his opinion that landscaping in that area would just pocentially create an area for individuals to hide and from a law enforcement standpoint would not be something he would lalOIIIIIIClld . Mr. Stitt noted that some of the other owners in the areas apparendy a,ocumd with that, because the applicant has discussed that option with the residents and fencing in that area was deemed to be the appropriate response . Mr . Waggoner asked what type offence goes along that residential area . Mr. Stitt advised that along the boundary line is a a>mbination or privacy fence and chain link fence . He ooted that the applicant is only proposing to fence off certain portions behind those buildings. to prevent acxiess from either the Centennial A venue side or the Belleview A venue side acc:ess. so that it does no« bcoome a runway between the two streets. Mayor Bums asked if IIIOllt storage areas are not a,mpletely fenced . He said he uses public storage himself and he has to use a axle to get in through a locked gate. Mr. Stilt advised that a portion of this site will be secure and that is the southern portion that will have acxiess off or Centennial Avenue . There are some storage units that will have acc:as off or Belleview that will not be IICCUled. Mr . Stitt explained that the raison for that is because the acxiess to the rear or the shopping c:enter precludes putting up a security fence across there, bccaUle that is where some or the loading is for some or those shop&. So there will be no 24 hour fence ICCUrity for those storage units. Mr. Stitt said thal, according to the applicant, those storage units may be uscd by perhaps some or the tenants in the shopping center as well. Council Member Habenicht Biked Mr. Stitt to address in mon: detail whal the concern is or police about having a landscaped area adjacent to a residential area . Mr. Stitt llalCd thal it is not so much a matter of adjacent to a residential area, but adjacent to a commercial area where you would have a place for anybody intent on aimmitting crime, a place to hide. If somebody were to anempt a bn:ak in of one of the shops, they would find a relatively easy place 10 hide in landlcaping ~ a storage unit and a six fOOI fence and the adjacent residential . Council Member Vormittag aid he wanted to pt this straight. that it is the residents that live right behind there on Sherman Street. whole backyard faces thal property, it is lllOlc people who do not want the bushes and plants and shrubbery in theR. Mr . Stitt noted that be can't say that all or them agn,e to ..... 1 .. • • Enc!ewood City C111111eil December 2, 1996 Page7 ·, 0 I • - that but there arc cenainly some rcsidc:nts. Mr. Vormittag said that then most of those who spoke were in favor of not putting those back there. Mr. Stitt Slaled that he thought the oonscnsus was that, based on the testimony presented by the Denver Police Officer, not having landlcaping in there would be easier to patrol. Mr. Vonnittag said it sounds like the residents can scc too . Mr. Stitt noted that most of the residents have either six foot privacy fences or security fences across the rear of their property. Council Member Waggoner asked ifhe is saying there is already a six foot fence all the way along the property. Mr. Stitt stated that he did not believe it is six foot along the entire length of the property, but the majority of it is. Mr. Waggoner asked if it would be appropriate for us to require a six foot fence all the way along the residential property. Mr. Stitt asked if he was referring to replacing the existing fences or in addition to. Council Member Waggoner asked who the fence belongs to. Mr. Stitt said that it is his understanding that most of the fencing along there belongs to the residents. Then, Mr. Waggoner said, it would be in addition to. Mr. Stitt advised that, yes, they can include that. Mayor Bums asked what kind of fencing is along Centennial Avenue in the proposed plan . Mr. Stitt explained that it is not really fencing, that it is the back side of the storage units, which will provide for what will, in effect, appear to be a masonry wall. Council Member Habenicht asked if she is to understand that storage is usually considered to be an industrial use. Mr. Stitt advised that that is the traditional understanding of mini-storage. However, because the need for mini-storage has increased significantly and the location is a prime factor, there arc any number of mini-storage developments located in adjacent residential areas throughout the metro area, as well as commercial areas, and the typical industrial areas . Mr. Stitt pointed out that usually they arc located in industrial areas because the ground is cheaper and that makes it a little more economically feasible for IIOIIICOIIC to develop mini-storage. Council Member Habenicht stated that she is still concerned about the concern ol Safety Services. Mr. Stitt asked if she -lalking about the lire issue. Ms. Habenicht said that she thought it was a police issue ol people hiding. Mr. Stitt DOied it was a police off"iccr that owns property adjacenl to the CIClllcr and his concern -not aaling any cnviRllllRCDI where the criminal clement can hide. Council Member Waggoner asked if you wouldn't have that in any buffer :zonc between commercial or business or induslrial . Mr. Stitt llatal that typically buffer areas between residential and commercial areas arc on the S(nlCI side . 1'11111 tbcrc arc 10111C situations where you have a situation like this. where you wouldn't have an alley between a commcn:ial and a rcsidc:ntial an:a . Often times, he noted, our l.Oning ordinance requires a six foot fence to separate commercial areas . For instance, he stated, along Broadway you have commcrcial across the alley from residential and there is no buffering required. Mr. Stitt added that the buffering that is provided is usually a security fence for the busincsacs. Mayor Bums asked why mini-storage demand has increased so much in the past several years. Mr. Stitt said it is his undcrslanding that it is the increase in population in the area, it is a very tnnsicnt society, cspccially in the high number of apanmcnt clevclopmenlS, particularly the SOUlh meuo area. where you have people moving in and moving out. He pointed OUl that where you have peoplc relocating temporarily, there is a need to have a place for storage. A lot ol lloragc areas arc being clevclopcd for 11oragc of recreational vehicles ol one type or another. Mr. Stitt opined that it is the nature ol our uansicnt society. Council Member Habenicht asked how they rqulale what is IIORld . Mr. Stitt adviaed that there arc no regulations per IC, other than the regulations that an owner may impoae upon anybody that leases space . He noled it is jllll like if you rent an apartlllCIII, typically a landlord isn't ll)ing to apecify the types of chemicals you can IIOR in the garage or crawl apace . He ODIIUIIClllcd that may be a problem, but be is not aware ol any long term code cnfortlCIIICIII iaucl with storagc ol illcpl or haDnlous liUbl&anc:ICI in thclC type of storage facilities. He adviaed that they arc generally well policed by the owners. because that is • I • Englewood City C1N1ncil December 2, 1996 Pa,:e 8 0 • how they make money . Ms. Habenicht asked if that is sort of the reasons they arc usually placed in industrial and commercial areas. Mr. Still said no , that again he thought it had more 10 do with the cost of land and development than ii docs what may be ilorcd in those facilities. He advised that there arc some storage facilities that arc designed specifically for industrial !ltongc:, but thClc arc typically designed for household and some commercial storage. Responding to COUIICil Member Habcnicht's conccm. Council Member Wiggins staled that there is nothing to pR\'Cllt them from having illegal stuff' in there. that the only one who has control is the owner of the property, if they watch them when they open ii and sec that they have illegal stuff'. then they would report. Other than that. he staled, there is no control at all, and they arc used quite often for illegal storage of many things. He said they usually move the stuff' when the owners aren't available or arc no« watching them. Ms. Habenicht asked if this is the kind of thing where somebody would steal things and use storage. Mr. Wiggins said yes, thal they store stolen goods. He commented that Chief Vandcrmcc can tell you what you find in thClc stongc: lodlcrs. that it is unlimited. NaraJlics, stolen items, illegal and ha7.ardous material, anything like thal can be put in there, he no«ed. unless somebody is watching, that it is strictly up to the owner . Council Member Vonniltag asked if the owners have an agreement with the lessee for 55 years. Mr. Stitt said yes . Mr. Vonniltag questioned whether he can do whatever he wants on that land. Mr. Stitt said he was no« sure that ii was quite that open-ended, but that the applicant would be able 10 discuss that, 10 explain the terms of the lease. Mr. Stitt noted that he understands that he has a fairty wide range of activities that he can conduct in terms of construction, demolition on the property without violating the terms of the lease. Mike Spriggs, 1505 Cottonwood Lane, Littleton. owner of Brookridgc Shopping Center, presented each council member with an informational booklet . He advised the Mayor and Council that he was withdrawing the letter his attorney ICllt on Wednesday. which -RlqUCSling a continuance. He stated he was prepared to go ahead . Before preceding with his PUD proposal, he said he wanted lo take a few moments to take a look back at the last lhRlc and a half years since he pun;hascd the Brookridge Shopping Center. Because. he IIOled. his PUD proposal rq,retlClltS just a continualion of the rcvitali:zation of the corner. that he started when he pun;hascd the cenccr. Mr. Sprigs advi9ed thal when he pun;hascd the shopping center it was 40 years old. it -tired. it needed updaling. ii bad ineffective signage, the vacancy was about 40% and the lighting was inadequate in the CIClltcr. He noted ii -one huge light pole that was 54 feet tall, with twelve hu,c old bulbs in iL which at any time half of them were burned out and ii served as a home for probably 50 pigeons. Mr. Spriggs commented that he also had a biker bar/sports bar out front called Paddy Boots. which really didn ·1 do anything to enhance the reputation of the center or its attractiveness 10 pocential shoppers. He noted it was also situated forward on the site and had a quite a lot of unused ground in the back of the center. 11-·1 really an efficient shopping center. Bui, he said, he fell that the shopping center had a lot of potential and one of the reasons was that it was sunounded by a real strong, stable neighborhood. with high densities and there was a lot of traffic at that intersection. He stated that ii is probably the most heavily tralficked intcrscction. that is all in the same grade, in the City of Englewood and probably one of the highest tralficked intersections in actually the City of Denver . Mr. Spriggs showed Council a copy of the original rendering of the shopping center and noced that they actually built the shopping center 10 look like that. He pointed INII a copy or his plan. of what he originally wanted the shoppmg 10 look like. Mr. Spriggs presented Council with a scqucoce of the rehab of the shopping center. which they passed around. He noced that the final product is what was represented on the rendering. He commented that at the time he did no« know he -going 10 have a Black-eyed Pea. that he would be sucx:asfuJ in getting rid of Paddy Boots. Mr. Spriggs stated that his first goal in revitalizing this property was that ii would have a neighborhood and family appeal. that he wanted 10 avoid unsuitable UICI. Molt of them, he no«ed. arc allowed in 8-2 zoning. i.e . tattoo pulon. pawnshops. ban and adult XXX bookstore, as long u he is ~ feet from raidcntial . He said he can do all of that under the ellilling l.Olling . He advised that he wanted to avoid any automotive. any repair, any lube shopl and any serviclC stations as there is enough of that on Broadway. Mr. Sprigs llatcd that he 1 I • 0 • Englewood City Council December 2, 1996 ··~ 10 0 • introducing this use, by 24 trips per peak hour. He said the peak hour. the busies! hour of the day, there will only be eight trips generated by this use , on Centennial . He said he would imagine that the majority of those would go right to Broadway. The other thing is, that there is no off-street parking. He advised that has talked to all the neighbors he a,uld contact and they are very concemcd about parking in the neighborhood, because of the OYCrflow for the workers at the various car agencies. He pointed out that there is no off-street parking associated with self storage. Self storage, he noted, is also typically used as a buffer. There is a self storage unit at Holly and Arapahoe in Littleton and it abuts homes and townhomes . It is built, he said, to look residential and it blends in very well . In this particular case, he noted, he has an area where the people look out at the back of the shopping center. He showed pictures of this area, which he dillCUSSed with Council . Mr. Spriggs advised that his goal in designing this project was to have it blend in with the OYCrall look and appearance of the shopping center, use the same materials, so the entire shopping center was cohesive, that it would look new, it was landscaped and had a residential look so that it would blend in with the residential that it abutted . He staled that he went out and looked at townhouse garages in high end townhouse mas, tom piclures and took them to his architect . He advised his architect that he wanted the buildings to be the buffer, he wanted landscape up against the buildings to buffer the buildings and he did DOC want this to look like the back of a storage unit, that he wanted this to look like the back of a townhouse pragc, like you see along Arapahoe Road or places in Littleton, even here in Englewood. Referring to his rendering of the shopping center, Mr. Spriggs pointed out the fact that he will use the exact color scheme as they have in the shopping center. The sloped roofs arc going to be standing seam sheet metal, the same material and color that you see on the front of the shopping center. He DOCed some of the residents, in some of the other meetings, had a concern about the sheet metal roofs. He said he thought they looked great, that they actually cost a lot more money than asphalt shingles. The Planning staff, as far as he is aware, wants the sheet metal roofs . As a compromise, he DOCed, what he wortcd out . in order for the entire project to look cohesive from the street, was that he will do sheet metals roofs on the outside of the project along Centennial and for the rest of the roofs, which abut residential, he will use residential composition, asphalt shingles, like the houses in the area . This is the same look that will occur along building twelve, ten and nine. He pointed out in the drawing, where he intcods to landscape . In one area, he IIOlal, he intends to add twenty four tn,cs, 136 shrubs and an area of graa. Which worts out to one tree for every fifteen feet along one cl the areas. Mr. Spriggs DOCed that that was one cl the things which imprcsaed the neighbors, which was more landscaping. He pointed out that his landscaping, on the entire site. because of this PUD, cxc:eeds what is required for a brand new shopping center in Englewood. In other words, this project, in a matter of three and a half years. having very little landscaping, if any at all. because of the revitali7.ation. now measures up to the 1997 rcquilcmcnts for shopping centers in Englewood . The other item that he wanted to address. he said, is he wanted to make the units secure and inviting and safe . He advised that one of the movements of the indusuy, that Mr. Stitt alluded to. was that self storage has cacnlially cwlved since it was first invented in the 1970 's. At that time it was put in industrial mas, they had the guard dogs, chain length fences and the barb wire on top. As a matter of fact, he said. the reaa,n he is here tonight is bccaulc there is really no provision in the 2'.0lling code in Englewood for mini-saorqc or self Slonge. He pointed out that it simply says warehousing, that we have a provision for wardlousing, in either 1-1 or 1-2 . Wdl. he said. warehousing is tilt-up twin T, the rail spur, the dock high tnd loading. the 24 foot high clear •ory and there are smoke SlaCks on it and everything else. This, he opined, is ditrcrcnt. this is small saoragc with the units ranging rrom little boxes that are 5 x 5 x 5 to up to 300 feet . What he has tried to do. he said. is make this visually impressive. clean and safe . Mr . Spriggs advised that they will have a full-time resident manager on the site . That anybody that rents will have to paaent a picture I. D, and he commented, that DOC too many criminals like to present a picture I. D .. He noted they will also photograph the I. D. and the person that comes in. that a lol or •orage places do that . That way they have I picture cl the person and a picture of the photo I. D. or the pclDI signing the lease . He opined that that really disc:ouragcs a whole lot . Mr. Spriggs advised that their lease will prohibit the •ora,c or flammables. toxic fluids, that type of thing. And really , he poillled out. 1h11 thole are the things 1h11 people •on: in their house or pngc if they are going to •on: them anyway . He llaled 1h11 there is no control OYCr that wlulllocva by the State 1 I • , • Encfewood City Council December 2, 1996 Pase• 0 - how they make money. Ms. Habenicht asked if that is sort of the reasons they arc usually placed in industrial and commercial areas . Mr. Stitt said no , that again he thought it had more to do with the cost of land and development than it does what may be stored in tho&c facilities. He advised that there arc some storage facilities that arc designed specifically for industrial storage, but these arc typically designed for household and some commercial storage. Responding to Council Member Habenicht 's concern, Council Member Wiggins stated that there is nothing to prevent them from having illegal stuff in there. that the only one who has control is the owner of the property, if they watch them when they open it and sec that they have illegal stuff, then they would report. Other than that, he stated, there is no control at all, and they are used quite often for illegal storage of many things. He said they usually move the stuff when the owners arcn 't available or arc not watching them. Ms. Habenicht asked if this is the kind of thing where somebody would steal things and use storage. Mr. Wiggins said yes, that they store stolen goods. He commented that Chief Vandermee can tell you what you find in these storage lockers, that it is unlimited. Nan:otics, stolen items, illegal and haz.ardous material, anything like that can be put in there, he noted, unless IIOIIICbody is watching, that it is strictly up to the owner . Council Member Vonnittag asked if the owners have an agreement with the lessee for SS years. Mr. Stitt said yes . Mr. Vonnittag questioned whether he can do whatever he wants on that land. Mr. Stitt said he was not sure that it was quite that open~ but that the applicant would be able to discuss that, to explain the terms of the lease. Mr . Stitt noted that he understands that he has a fairly wide range of activities that he can conduct in terms of construction. demolition on the property without violating the terms of the kale. Mike Spriggs. I 50S Cottonwood Lane, Littldon. owner of Brookridgc Shopping Center. praented each council member with an infonnatioaal booklet. He adviml the Mayor and Council that he was withdrawing the letter his lllomey IClll oa Wcdneaday, which was requesting a continuance. He &tated he was prq,an,d to go ahead. Before precodillg witb llis PUD pn,posal, he said he wanted to take: a few moments to take a look back II die ... tine Md a llalf yan liace he pun;hased the Brookridgc Shopping Center. Because. he noted, his PUD pnipmal n:pn IC ,;.a. COlmnuation of the revitaliDlion o(the corner, that he started when he purdlaed die cc-,_ Mr. Sprigs adviml thll when he purchased the shopping center it was 40 yan old. it was tind. ii IIOCdcd apdlliag, it had Uldl"eclM: signage, the vacancy was about 40% and the liptiag was i_. pw. in die CCIIICr . He DOICld it was one hllF light pole that was S4 feet tall. with ~ hutc old 11111111 in it, which II any time llalf o( them wm: burned out and it served as a home for pniblbly 50 piFCJM. Mr. Sprigs COIIIIIIClllcd thll he al11> had a biker bar/spons bar out front called Paddy Boots. which n:ally clida 't do anything to enhance the repulation of the center or its attractiveness to Pl*8lial slloppcn . He DOICld it was allO situlled forward on the site and had a quite a lot of unused pound in the back of the CCMCr . It -·t n:ally an df'icient shoppingQCllter. But, he said, he fdt thll the shopping ceNCr ud a lot o( potential and one of the rea1011S was thal it was surrounded by a n:al lllOllg. llable nciglll,orllood. witlt hip deasilicl and there was a lot of traff'ic at that intencction. He stated thll it is pniblbly die _.. lavily tnlllicbd inlcncctioa. thll is all in the same grade. in the City of Englewood and prollably one of the hipaa traff'ldlcd intencctioas in actually the City of Denver. Mr. Spriggs lhowed Council a a,py o( the originad rendering of the shopping center and noted that they actually built the shopping center to look like that. He pointed out a a,py of his plan. of what he originally wanted the shopping to look like. Mr. Spriggs presented Council with a sequence of the rehab al the shopping cen1er, which they paaed around. He noted that the final product is what was represented on the rendering. He COIIIIIICllled that at the time he did not know he was going to have a Black-eyed Pea. that he would be sua:asful in gcuing rid o( Paddy Boots. Mr. Sprigp stated that his first goal in revitalizing this property was that it would ha\'C a ncighborbood and family appeal, that he wanted to avoid unsuitable uses . Most o( them. he noted, are allowed in 8-2 zoning, i.e. tanoo parlors, pawnshopl, ban and adult XXX bookstore. as long as he is 500 feet from residential . He said he can do all of that under the existing zoning . He adviml thll he wanlCld to avoid any automotive, any repair. any lube shops and any service stations• there is enough o(thll OIi Broadway. Mr. Spriggs stated that he •. 1 • 0 --------.-----------.-------------------~-~----- • E•ckwood City CCN1J1Cil December 2, 1996 Page9 0 • wanted to create a cohesive environment that was different, that had appeal . He noted that he had a lot of opponunities to rent to those uses, that he had tattoo parlors, ~modeling" agencies. all the automotive uses and the cellular tower call . 1be cellular tower that is out there in the comer from his center, he advised, came to him first and offeral him $18,000 a year to go on this site and he would only have to give them a little space . He stated he did not want to do it, that he did not want an ugly sixty foot tall cellular tower on his site and he passed up an easy 20 years ofS18,000 a year. Mr. Spriggs commented that he was shocked to see it go across the street. because now it impacts his center anyway . So far, he said, he has undertaken the rehab and has provided new lighting. Because of that he was able to fill the center up, he only has two vacancies now . He stated that he has improved the tenancy and the tenancy will continue to improve. He replaccd Paddy Boots, he knocked it down and replaced it with the Black<yed Pea. Mr. Spriggs pointed out that that was another decision he had to make, that he gets S 12.000 less a year for Black-eyed Pea than he could have gotten from Paddy Boots. 1bey were paying him $12,000 more than he is getting now anc! he had to go for a year without rent after he knocked it down. But, Mr. Spriggs noted, he did not take the easy way out, that he wanted to improve the quality of the comer and the quality of the shopping center. Last summer he put landscaping in around the perimeter of the center, along Belleview and Broadway, and put in new curb and gutter, and in three of the four entrances, new entrances. And again. he commented, he did that simply to improve the look and feel of the intersection. He commented that Council can imagine how surprised he was when a Dower store goes in across the street with five parking places. not one blade of grass on the entire property, it has a cellular tower next to it. their customer's park in his shopping center and they have a bigger sign than his whole shopping center. Using his drawing of the shopping center, Mr. Spriggs identified further improvements he intends to make. He stated that he will be adding a Zumas Mexican Grill and a Papa John's Pi:aa. He pointed out additional landscaping he intends to add. He noted that in the an:a. al the back the site, there are two buildings that are residential style offices which were built about thirty years ago for dentists and doctors . And he has the first Ooor, of the two story building. which is al grade and was built originally for offices . He said what he has found is that those offices are enlirdy olmldc and he is having a hard time keeping them leaed. As was pointed out. be DOied, in the Compri• mive Plan. what happens is as buildings become obsolete they become less desirable. youjult-' your way down the tmant ladder. Right now , be advised, be is about 4<We vacant there, despite CIOllllanl nmkeling efforts . He said be has an alcohol rehabilitation counselor in there, and be thinks there is a guy officing in the center and living in his van. It is quite difficult, he noted, to lease space in the first floor below a music studio where they teach drums and things. It is also not an easy trick to lease space Wider I pel shop. Mr. Spriggs maintained that he looked at all of the 8-2 alternatives and cl all the altemalives there were none there that he could utiliu that would work, given the surrounding environment. R.d'erring Council to the informational booklet, in the third section. he said that that is what is across Centennial from the shopping center. He noted he has twenty foot high open bay doors. dumpsters rolling around, there is no landscaping and it is not really an environment that he can lease off"ice space . retail space or that type cl thing. He discussed the fact that the center sits at grade and there is an area that is fifteen feet lower. On one hand. be advised. that creates a problem because it is difficult to tie any sort cl retail IIIC in with thal . On the odler hand it is an opportunity because it is a perfcc:t buffer to Broadway. The shopping center acts as llalUnl buffer and the grade differential provides I good buffer. Mr. Spriggs eq,lained that he chose to allllC in and ask for a PUD modificalion for self storage units because they are extremely low impact. they are quiet. Ibey can be built to residential lcale with sloped roofs and they can be built to look allllllll like I house . 1bey al11> are the lowell trip generalor of any commercial use by a wide margin. He advi..S that there is a trip generalion report in the infonna&ional booklet in the fi111 section . Mr. Spriggs pointed out that the residents in the Centennial area are very concerned about uaffic. they have a lot cluaffic FftCraled by car dealenhips. Bun Chevrolet and other IIICS. Right now. he noted. he has 12.000 aquare fClet cl office in that specific area and that is going to be replaced with about 32,000 to 33,000 equare fClet cl ldf IIOlaF· Aa::ording to the Institute for Transponation Engineering. fifth edition. be will lower Ille traft"ic count on Centennial Avenue by •. 1 • 0 ---------------------··---------------:-----'----~---, • Eapewood City C1N1ncil Deceaber 2, 1996 Pap: 10 0 I • • introducing this use, by 24 trips per peak hour. He said the peak hour, the busiesl hour of the day. there will only be eight trips generated by this use, on Centennial. He said he would imagine that the majority of those would go right to Broadway. The other thing is, that there is no olf-strcct parking. He advised that has talked to all the neighbors he could llOntact and they arc very llOnccrncd about parking in the neighborhood, because of the avcrflow for the wortcrs at the various car agencies. He pointed out that there is no off-street parking associated with self storage. Self storage, he noted, is also typically used as a buffer. There is a self storage unit at Holly and Arapahoe in Littleton and it abuts homes and townhomes. It is built, he said, to look residential and it blends in very well. In this particular case, he noted, he has an area where the people look out at the back of the shopping center. He showed pictures of this aRa, which he discussed with Council. Mr. Spriggs ad-Jised that his goal in designing this project was to have it blend in with the overall look and appcarancc of the shopping center, use the same materials, so the entire shopping center was cohesive, that it would look new, it was landscaped and had a iaidcntial look so that it would blend in with the residential that it abutted. He stated that he went out and looked at townhouse garages in high end townhouse areas, took pictures and took them to his architect. He advised his architect that he wanted the buildings to be the buffer. he wanted landscape up against the buildings to buffer the buildings and he did not want this to look like the back of a storage unit, that he wanted this to look like the back of a townhouse garage, like you sec along Arapahoe Road or places in Littleton. even here in Englewood. Referring to his rendering of the shopping center. Mr. Spriggs pointed out the fact that he will use the exact color scheme as they have in the shopping center. The sloped roofs arc going to be standing seam sheet metal , the same material and color that you sec on the front of the shopping center. He noted some of the residents, in some of the other meetings, had a llOnccm about the sheet metal roofs. He said he thought they looked great, that they actually ll05I a lot more money than asphalt shingles. The Planning staff, as far as he is aware, wants the sheet metal roofs. As a llllmpromise, he noted, what he warted out, in order for the entire project to look cohesive from the street, was that he will do sheet metals roofs on the outside of the project aloag CcntcnniaJ and for the rest of the roofs, which abut iaidcntial. he will use rcsidcntial compolition. asphalt shingles. like the houses in the area. This is the same look that will occur along building twelve, ten and nine. He pointed out in the drawing, where he intends to landscape. In one ara. he noted. he illlellds to add IWffll)' four tm:s. 136 shrubs and an area of grass. Which worts out to one tree for ~ fifteen fed aloag one ol the areas. Mr. Spriggs noted that that was one of the thinp which impresacd the neighbors. which was more landscaping. He pointed out that his landscaping, on the entire site. bccaulc ol this PUD. exa,cds what is Rlquircd for a brand new shopping center in Englewood. In other words. this project. in a matter of three and a half years . having very little landscaping, if any at all, because of the revitalization. now measures up to the 1997 R1quirements for shopping centers in Englewood. The other item that he wanted to address. he said, is he wanted to make the units secure and inviting and safe. He advised that one of the movements of the indust,y, that Mr. Stitt alluded to. was that self storage has essentially evolved since it was first invented in the 1970's. At that time it was put in industrial areas, they had the guard dogs, chain length fences and the barb wire on top. As a matter of fact . he said. the reason he is here tonight is because there is really no provision in the zoning code in Englewood for mini-storage or self storage. He pointed out that it simply says warehousing. that we have a provision for wa,ehousing. in either 1-1 or 1-2 . Well, he said, warehousing is tilt-up twin T. the rail spur. the dock high tnJCk loading, the 24 foot high clear story and there arc smoke stacks on it and everything else. This, he opined, is different . this is small storage with the units ranging from little boxes that are S x S x S to up to 300 feet . What he has tried to do, he said, is make this visually impressive, clean and safe. Mr . Spriggs advised that they will have a full-time resident manager on the site. That anybody that rents will have to pn:scnt a picture I. D . and he llOmmcnted, that not too many criminals like to pn:scnt a picture I. D .. He noted they will also photograph the I. D . and the pcnon that comes in. that a lot of storage places do that . Thal way they have I picture of the person and a picture o(the photo I. D . of the pcnon signing the lease . He opined dull dull really discourages a whole lot . Mr. Spriggs advised that their lease will prohibit the stora,e o( flammables. toxic Ouids, that type of thing. And really . he pointed out. that thole are the things 1h11 people store in their house or garage if they are going to store them anyway. He sa.lcd dull there is no COllll'OI over dull whatsoever by the State 1 I • ' ---------------------~-------------~-------..--------:-----~------- • Engkwood City Council December 2, 1996 Page 11 •, 0 • or any municipality. He noted that, as Mayor Bums pointed out, they will have a key code. Each person will be given a key code and that key code is connected to a computer system and every time that key code is entered it is n:corcled in the computer. It will be n:corcled when they enter and when they leave. It is also hooked up to their individual door. which has an alarm on it and the only way the alarm is disarmed is by using the key code. When they close the door it n:cords opening the door and shutting the door. Mr. Spriggs explained that his main purpose for that is so people feel safe about having their items in the storage unit. He stated that there were nine items that he had to address, as required by the Planning Commission and one was the two inch caliper trees, spaced twenty feet apan along one of the areas. What he did, he noted, was space them fifteen feet apan. He said they arc grouped, as he didn't want to just make it look like soldiers. He advised that he had a professional architect who did it. Using the drawings, Mr. Spriggs identified specific areas where landscaping is required . In one area. he stated, they asked him to add two honey locust trees, but he had already added those. He said that he goC out there and realized that that would be a good place to put two trees, that it wasn't going to block the view, so he already had those trees in. He nolCld they also asked him to put two inch caliper trees in each island in an area of the center. He said he didn't do that and the reason is that because he has a shopping center. that. because he has provided enough parking. sits 111-ay back from the street. He pointed out that his tenants have lo compete with every single store. the flower store and the other stores on Broadway that sit right up on the street. He noted ii is strange and ii is one of the questions he may address later on. which is why a 1500 square foot use gets a 100 square foot sign and he has 60,000 square feet and he has all these tenants and he gets a 100 square foot sign. However, he pointed out, these tenants have lo compete and he wants them 10 be successful and he thinks the City wants them to be successful . Again referring 10 the drawings, Mr. Spriggs pointed out areas where he will be putting trees. He asked Council's understanding, that he is trying 10 balance the mercantile considerations against the aesthetic considerations when he is putting in the trees. Because he can't rob the stores of their visibility. He advised that he just put in an irrigation system and all the landscaping on the site with be irrigated. Mr. Spriggs stated that he resolved the fire ac:ccss issue with the fire marshal. Using the drawings he explained to Council how they changed the plan to allow the fire trucks to come in and be able to pull their bores 150 feet and get lo any unit. He said he has no problem limiting the usc or the saorage units to storage only. He Slaled he docsn ·, want wort shop& or anybody running a business out or there and he is willing to stipulate to that. He addressed the issue or the prohibition or vehicle rental. that there shall be no rental or trucks. toilers or cars from this site. Mr. Spriggs nolCld that while be is not interesled in doing that, and he really docs not have space on the site to do it. that he is reluctant to give up a usc that every one else in B-2 is allowed lo do and that almost everybody that surrounds him docs . There is Enterprise Leasing and Bun leases cars and, he noted, be has actually rented space lo people that arc car leasing places and so he is reluctant to give up that use . So. he staled. he would like to ask that he would not have lo do that. He advised that he was asked to use the same facade materials, colors and architectural character for the mini storage units as is used in the remainder of the shopping center. He said he is doing that . And of course. he noted, number nine he has already talked about that they will have pitched roof lines. So. he stated, he is asking for Council's consideration on two oflhe nine items. Finally, he advised. the IQSOll lhat he had a letter sent from his attorney asking to a,ntinuc this on the agenda. wu because on Wednesday be found out that the fee owners of the pn,pc,ty had submitted two position letters that were against the PUD. He said he wanted 10 straighten out some of the questions Ibey had of Mr. Stitt as he felt he could clear some of it up. Number one. he said. he has 55 years remaining on a 100 year ground lease. He noted he is not an attorney but that ii is pretty straight forward. He noted that the lease allows him lo CRICI ccnain buildings and improvements on said premise and shall complete the same. including all power, sewer . water extensions or connections al its own Cxpcn8C and use the same in a,nncction with the shopping center now and heretofore existing on said tract of land. So. he said. he may do that and any building or improvement erected under the provisions of this lease on aid premises may be removed. altered or tom down without the COIIICDt of the leaor. any changes. alterations. additions or placements of buildings or impro\'ements may likewise be made without the conscnl of the lessor. He advised that it also says that the lessor herein shall not be liable under any e,q,raecd or implied covenant of this lease or otherwise for 1 ... I· • Enclewood City Council Deceaber 2, 1996 P•F 12 0 I • • any damage, of any kind or nature whatsoever growing out of the construct.ion of said buildings or improvements. So they arc not liable. be said. be is liable for the bad stuff that happens . The ordinance, as Mr. Stitt said, requires the applicant to have lcplly sufficient interest. Mr. Spriggs opined that be has legally sufficient interest in the C1C11tcr. He stated that be IIICd the PD form that Mr. Stitt explained, because that is all that be had. He said that when he saw that II the bottom he called Mr. Stitt up and asked what be should do. Mr. Spriggs noted be had the ordinanoc and the PUD ordinance says that he has to have a lcplly sufficient interest and Mr. Stitt advised him to go ahead and use that because he dido 't have anything else. Mr. Spriggs emphasi7.cd that he was not tJying to skirt the issue and that he wasn't trying to hide anything from the fee owner . He stated that he wrote the fee owner a letter notifying that he -doing this. Mr. Spriggs advised that he ICIII it to the fee owners address as he was required Wider the statute to do. As a result, George Pulver, an aax:illc al Mr. Christoplicr Forrest, showed up at his ncighborbood meeting and did not really iclcnlify himself until he asked him and he expressed no c:onccrns wbatsocvcr regarding any of the items in the lcttcr. Mr. Spriggs stated that at the Planning Commission meeting. Attorney ChriSlophcr Fonat, rq,reacnling the Trust. showed up and asked that the hearing be cldaycd because they nccdcd more time to present their position letters. Mr . Spriggs opined that that is pretty amazing because they were at this meeting, all the neighbors got their act together to show up and ii was two or three weeks later and he asked that they have a delay. Still, Mr. Spriggs noted. he did noc stand up and make any reference to any concerns or any opposition to the project. After the meeting, he stated, he spoke to Mr. Fonat and told him that if he had some problems he wanted to know about them so he oould a,m,ct them. Mr. Spriggs a,mmcnted that his attorney also wrote them a letter stating the same thing. As a matter of fact. he said. he was talking to one of the signatories to the letter, Mr. Clyde Faatz, three or four times during the intervening time, and he talked lo Mr. Forrest on the phone. and they never mentioned anything about sending Council a letter. He maintained that he never had an opponunity to address any al these conc:ems . Mr . Spriggs said that you might ask why. if they were coil0Cf1lcd, why dido 't they stand up and say they were COIICCmcd, why did they write a letter like this. And why, be said. when he tore down Paddy Boou he didn't need their pennission or the City's pennission to tear it down or build anochcr building. He said that be dido 't need their pennission lo build the new addition. to do the landscaping or put in the irriplion. Mr. Spriggs stated that the problem he has with the Barnes has been going on for a long time. This is a lcasc that was signed 45 years ago, he said. and Mrs. Barnes was probably ten yan old then and she inherited the lease . Mr. Spriggs opined that they want to renegotiate a 45 year old lease that has never been in default because they don 'I think that they get enough money . So, he said. as a mancr al fact, every time that he asks for the slightcsl thing they drag their fcct, they won ·1 do it, they want to tic it to rcncgotialion of the lease . He pointed out that the lease has never been in default, nor has he been in default. Mr. Spriggs staled that the Barnes live in Grand Junction, they don 'I live here. He said that he asked their Attorney Chris Forrest. when be talked to him on Wednesday, what was the problem. He said Mr. Forrest told him that nobody has really shown him that this application was done acconling to the ordinance. So Mr. Spriggs told him be would scod ii to him. but that he fell that Mr. Forrest was just tJying to obllJuct him. Mr. Forrest, he said. told him that he was right, that they chafe under this lease , they want to ,mcgotialc it, all al this would go away if you just buy the property. Mr. Spriggs pointed out that be IXllltnlls the property for 55 years, that he will be dead before his lease is up. He stated be docs not want to pay them the S2 . 9 million that they want to buy their lcasc. Mr. Spriggs said thal when be told him that he did noc wanl to do that. be said then just take it and roll it in with the lease on the service station. So. Mr. Spriggs opined. that whal they have here is a bunch of UN1ibllaa«iated claims, there is no fact to back them up, that they arc actually ridiculous. they don't stand up to 1he facts . And really, be maintained, what is happening here is that the Barnes arc tJying to extract moncwy compensation from him in order to get llppro\'al and they don't even have the right. So now , he noted. they arc in here as an adjacent property owner because he wrote them the letter. Mr. Spriggs stated that the objcclions arc pn:uy hypocritical and self-serving. He said be wanted to run through them one at a time. .. I . , • Eactewood City C1111ac:il December 2, 1996 Pace 13 0 - Mayor Burns asked tbal Mr. Spriggs a,ncluclc before loo long, as lhcrc wen: a number of people who have signed up lo speak also and he has been al lhis for about an hour. Mr. Spriggs Slalcd he would, tbal he would be done pretty quickly. He poinlcd oul thal he wouldn't -be on to this pan of this ifhe didn 't have to debunk lhese ricliculous and baseless allegations. Mr. Spriggs opined thal number one, archilectural landscaping, speaks for itself. The center looks good and whal he is proposing looks good. He said he fdl ii was a non-issue. Regarding the environmental issue, Mr. Spriggs advised that if they wanted to continue this thal he would be glad to bring someone in from CDOH, the Colorado Department of Highways, which is in charge of underground storage tanks and hazardous waste. He advised thal he learned thal residential is IOCally exempt from any ha7Jlrdous subslance regulations. So, he maintained, the danger is across the fence . He said he also talked to the former president of the Self Storage Association who has developed about 30,000 units. Mr. Spriggs staled thal he could show up hen: to speak. Mr. Spriggs said thal he told him thal in his experience he has had one problem in twcnly years. Thal problem was with four ounces of meraay spilled on the driveway in front of one of his units. Mr. Spriggs fdl lhal he can control this with the on-sile manager. the driver's license, the photos and key punching. He advised thal the only pollution in the area occuncd from the service Slation that the Barnes own . 1lla1 ii pollulcd his property and all the intersections and the site is being cleaned up righl now . So, he maintained, lhcrc an: really no facts or basis lo back this up . Mr. Spriggs said that the next thing is tralfic. He said thal Mr. Forrest was present when lhe information on traffic came out. which came out of the traffic engineer's handbook . He staled he can also have a traffic engineer show up and discuss this also. Mr. Spriggs Slalcd lhal he is going lo lower the traffic in the area, thal ii is IIOl an iaue. Regarding crime, he advised, then: an: two self storage facilities in Englewood and he had checked on their crime n:portS for the last year. He staled thal one is located al 2690 West Union and they had no calls in the calendar year extending from November 1995 lo November 1996. He IIOlcd there is another public storage unit al 4550 South Federal wen: then: four calls. One was to assist in unlocking a U-Haul tndt wllcn: a customer had accidentally locked child inside, another one was a fender bender on privalc property and thcrc was no accident report, another one the property manager's IIOliccd a ll'anlicnl Rllllling around on the edge of the property, noe inside of ii. they n:poncd him. and finally thcrc was a burglary. a break in and theft of one of the units. Mr. Spriggs said that ii is interesting to noec. when you read the lilcnlluR, that then: an: no bodily crimes thal occur al lhese. He poinlcd out thal you clon'I read lbcllll cract IIOrqC units, you read about cract houses. you doa'I bear aboul drivc4,y shootings al storqc units and "UY few guys thal an: running mcth labs have their picture taken before they open their lab. One last thing. he said, is thal ii is interesting to nole, that by Oclobcr 16"' of this year there were 23 ,531 case files open on crimes, four wen: caused by the lwo storage units. Finally, Mr. Spriggs staled. these an: the positives. This completes the development of the shopping center in a unified manner and thal is what the Comprehensive Plan wants, unified, intcgralcd developments. He said thal ii adds landscaping to the site, so he is now up lo speed and he did noe think they could find another site on Broadway thal is lhal big thal has 1()% landscaping. II revitalizes a functionally obsolete and a run down area of his property. Which is again. he staled. whal the Broadway Corridor Plan and the Comprehensive Plan wants lo ICC happen. II generaleS no off-strccl parking. ii beautifies and landscapes the Centennial llrClellatpe with 136 bushes and 24 lnlel. II keeps OUI all the other 8-2 uses thal really shouldn 't -be on Broadway to 11a11 with and it gives the neighborhood, the C ity, planning depaJtmenl. the Council the chance to control what happens hen:. 10 make romcthing good happen hen:. Mr. Spriggs asked that Council look al what he has done so far. He Slalcd thal he has a Slake in this. thal he is going 10 be leasing ii for anoeher S5 years. He pointed out thal C\aything he has doae OUl then: has been positive and all he wanl 10 do is a>nlinue lhal. He said if they look al what he has done now they can realiu: thal he can deliver this and ii will be as he says . Mr. Spriggs emphasi7.cd that he has never compromised, that he has never pul the dollar in front of doing the right thing and having a quality ...... 1 I • Eact-ood City C•acil December 2, 1996 Paxet4 {. 0 I • • project. He stated that Broadway needs people like him, they need people that arc willing to take their dollars and go into an area that is kind of going down and put their dollars on the line and make property viable economically. Mr. Spriggs said that he wants to make this property as viable economically as he can and so he asked for Council's suppon with this. He a,mmented that he was sorry he took so long. Council Member Habenicht noted that Mr. Spriggs indicated that he intended to have a resident manager . She asked where the resident manager would reside. Mr. Spriggs, using the drawing to indicate the area, advised that they would be located right at the entrance . Ms . Habenicht asked if that would be an apartment or a house or ifhe would just have DDdlody who wons there in eight hour shifts. Mr. Spriggs staled that generally it will be a retired couple, they live there and will have an assillant manager to spell them on their day off and on vacations. He said he wanted to add one more thing. Pointing to the drawing he indicated an area in which he bas clccided to add a security gale and he noted it will be able to use the same key pad and the same wiring to hook to the QOIIIPlllCr and have the same safety . Mr . Spriggs pointed out that he can ClOIIIJ'OI the hours, 1h11 be can Fl the key pad to DOI work during certain hours. In response to Council Meanber Habenicht, Mr. Spriggs explained 1h11 the living quarters for the resident manager will be about a 7SO to 800 square fOOI apartment with a fm:plaoc and a linle balcony. He opined it will be a very nice environment. Council Member Habenicht asked how all the amenities. the landsclping. the aJlllrol of the landscaping and the 111e or the buildings. is governed O\'U time . City Anomey Bruuman explained that the PUD runs with the land, so they are governing this by granting the PUD . Ms. Habenicht questioned how long, wboe\u bas control or that property, has to maintain that landsclping to that level. Mr. Brotzman advised it is until they come back and talk to Council. Mr. Sprigs staled that what Council sees on the plan. with MIIIIC\'Cr modifications they suggest tonight, is wllll be is obligated to maintain there . He noted the poinl is, there is a laundry list a mile long under 8-2, 1h11 be doesn't have to put in any landsclping to jull draw a building permit and do that. He pointed out thal all or the landscaping he has put in so far bas been wllllllary. This is a chance, he staled, to just nail it Mayor Bums asked Mr. Spriggs ifbe would be williag 10 pn,vide Ca.cit with a ClOl'Y or the form of the lcuc thal be would have for the tenants . Mr. Sprigs said 1h11 be did DOI have one with him tonight. but that he could provide them with that lcuc. Mayor Bums aJIIUllalled thal be would like to -the prohibitions that will be in there. Mr. Sprigs commented 1h11 any prohibitions they might have, that he would probably have: the same ones. Council Member Vormiuag asked whal kind of income this will bring into the City. He wondered if we were looking at more property taxes or at -son of sales tax when they rent. as you have to pay sales tax Oil I tool when you rent it. Mr. Sprigs advised 1h11 be thought it would primarily be property tax. He said he would like to add that there are no sales ,cneraled fnlm that area down there -• so they are not taking away any revenues and to the e:denl they will be spending in the neighborhood of million dollan on that that there will be an increase in property tax. A1111, he DOied. he will have to buy sewer and water taps. building fces. lhll type or thing. Mr . Vormiuag qucllioned whdber it will increase the value of the property. Mayor Bums noted he couldn't answer that. Mr. Vormiuag 8'*111 thal QOllll)ared to I parting 1114 vcnus what he bas there. that he bas income a>ming imo him. 111 he would have to 1m1me he would have more property taxes. Council Member Habenicht asked Mr. Spriggs to clarify the two CIOllditions he -asking DOI to have to meet. Mr. Spriggs aJllfirmed thal one -DOI having the two incll caliper trees al the ends or the parting isle. He said the 04her one was thal he -going to he prohibited fnlm doillg any vehicle rental . He noted he does noc have any plans to do thal. That as a mancr of l'act. Hertz had wanted to rent one or his •. 1 .. I· •, • Ea&lewood City COIIIICil Deceaber 2, 1996 Paaet5 ·, • - store fronts and they were going to keep cars in the back, and he turned that deal down. But, Mr. Spriggs said, he thought that over SS years, neither he nor the fee owner, would be interested in giving up a car rental or that type of thing. Attorney Christopher Fom:st, from the law finn of Hamilton and Fox, appeared reprcsc:nting the Madden Trust and various members of the Barnes family, who own the underlying propeny and the adjacent Amoco site. He said he will be brief, in that be does not have the time to counter all of the incredible allegations that Mr. Spriggs made . He said he would like to make a record of the fact that before this hearing a,mmenced, he was approached by Mr. Spriggs' attorney who informed him that if he got up and did something to blow up their PUD that his clients would immcdialdy be sued by them . Mr. Forrest said he believes the position lilalements, they have submincd, speak for lhcmsclves . As far as allegations that he acted in some underhanded manner by submitting thole politioo suitements, Mr. Forrest said that was rather ironic in that he was directly informed by the Planning Commission that it was the only opponunity that the Barnes would get to addral City Council . As far• the ordinance that purportedly allows Mr. Spriggs to do this, he said he frankly beliews it ldS a dangerous pmiedcnl in that ii is vague. Who knows what constitutes a sufficient ownership inleraa7 Mr. Forrest IIIICrtcd that this is a use that, by Mr. Spriggs' own admission. did not C\'ell exia in 1963 when the lease was cxccutcd. He said the lease is at bea vague . It has vague refen:nces IO lllapping ceaia-purpollCS, lllapping center businesses, not industrial uses or storage uses . He -,ted 11111 lhey do not beli!M the pic:1urc Mr. Spriggs paints, that they bavc an absolute righl under the lease for dlis a.I of UR. is 1111e. Mr. Forrest expressed a,ncerns over due process where changes are being allowcd thal are binding upon the owner of the propeny . The only notification rccciwd was the mndanl form ldtcr thal was sent to all the neighbors, he said. The process was bepn in January and the fira the owners heard of it was in Sq,lember. He opined that Mr . Spriggs had not effectively answered the qucllion of how you control what is Slon:d in these units. Photographs, be said, are not a suft"JCient pmection. If there is toxic waae aon:d in those units. the Barnes have polelltial liability under environmental laws for any cleanup. They have not been properly involved in this process. he staled. and they disagree Sll'Ollgly with the purpolC. Mayor Bums advised the IUdience thal apeakcrs lhou1cl limit their praenllllions to two or three millllla. Grelchcn Walkins. S39S Soulh Granc Street, said she has been a rcsidenl of Brookriqc for thiny-Gne years . She said she is a real Cllatc broker and ha been Idling houlcs for DilldClell years in the surrounding area . She related tbll she bas 1JeCD Englewood properties 90 down and come up, just like the shopping cater. Now she is mag Englewood IWting to take OD a -face and she expressed her hope that the de\.clopment is CIODlinued and thal land is not jull given away for projec:u that don't enhance the City. She llalcd we Ii~ with the bad decisions of ... Councils. She showed pic:1urcs of the project at Dry Creek and Mineral A venue. saying that it is one of the newer storage facilities and that it took a lot of planning and had large ldbacks. She said it ha a brick facade and is very attracti~ from the ~-She showed other pic:1urcs where no fencing exias. where a lot of items have been dumped and Slated that is the kind of thing she is againsl in Brookriqc. The facility in the fira pictures. she said. do not dislract from the area. Council Member Vorminag asked if it is the neighbors who clumped things there. Ms. Watkins responded that she does not "-· Ms . Watkins said the next project they 1-'C been bearing about is al Holly and Anpahoe. The ~ there, she said. had terrific illlplcl OIi wllal lllcy -,.... to look al ud there -a lot of mcelinp. She lllo sllowcd a l'acility al 1401 Wal Radcliff' A-. wlleR the._ is al Ille end of the ad«-uc. SIie poilllOd OUI a lip offcrina a reward ud said if theft is ao crime, ,ny is tlieR a reward o«crcd. She aid it is a -ud tlieR is CIOIICICnl -Ille i...-:t OD their pnipaties. Ms . Walkins. Ulina an c,wnple of a well cared for brown llollK ill -of Ille pic:blres. aid dial she~ ..... • . 1 .. I . , • En&lewood City Council Deceaber 2, 1996 Pqe16 0 • t• advise her clients not to buy the house because of the sunoundings. She gave ocher examples, saying that Council would probably not want to live in that neighborhood. either. Mayor Bums advised Ms. Watkins that she had spoken longer than her limit. She said she would huny. Continuing, Ms. Watkins showed pictun:s of Centennial Avenue and the area where Burt unloads their trucks and where the propo&cd entrance to the storage lockers will be. She said there is constant traffic, and the police are always there. She said there is no room as it is and asked what you would do with two moving vans coming in. She reiterated her concern about traffic coming in, because of Broadway and Belleview. She said the area is polled and it will take constant controlling by the police. She asked that Ms. Sangster's leaer be admiued • part of the minutes. Ms. Watkins added that they do have a petition that they have swtcd. She added her '10llt'Cnl that Council Member Vonnittag came into the Planning and Zoning Commillioa IIICding and Ill down with Mr. Spriggs through the meeting. She asked that his decision llllking be taken off this matter. • she feels there is a conflict or interest . Lany McCain, 5119 South Sherman Street. said he ha been a real estate broker for about twenty years. He said be sells a IOI of real CSlalC and feels that is imponant because. if this project is such an enhancement to the neighborhood. he would like to offer for them to buy his property and benefit from the fair market value increase by putting this pal looking facility back against our properties on Sherman. He lilaled that Mr. Spriggs doesn't live in the ncigllborhood and be doesn't own property there. except the mall or the rights to it. He opined that because it is a lll'Ollg, Slallle neighborhood that they see no demand for any kind of a gn:ater volume of mini-storage in the area. Mr. McCain maintained th&t the aputment buildings that have been built around Arapahoe Counly. that would even be close to this place. would not be a place where people would travel to use the mini-warebouses. He said he ha a mini-storqe for some of ".is things, bul it is in an induslrial area off Counly Line Road where other businesaes are . Mr. McCain allO quesliolled how many of these Mr. Spriggs ha done and what will prevent him from selling the IIJUCIUrC to --else who doesn't have the IIIIIC integrity that he propolCI that be will have Ban owner . He reitcnted that he ha been doing real Clllltc for a long time and aaencd that IIIOll of it gets fixed up and IOld . He does not fed thal he will lllly there ud commit with that program. He asked how a Ind will be ICan:hed withoul a police wanant. ud opined that he ha no right to inveslipte their luBPF, can or trailers. He al111 llked 1h11 the lelter from Ms. Sangsaer be made a part of the minutes and llked if Council ha really read it. Mayor Bums conuncnled that the letter was delivcn:d to his residence yesaerday afternoon. Council Member Wiggins Slated that they have read it. Mr. McCain continued that. it seems to him. we have an Clll,q,rmeur who. like many cle\,elopers of comer pla7.as and shopping areas. llaJts out with one idea that makes it look good and then tries to fill up all the vacant spaces with other things and ends up blocking IIIIIIC of the original beauty of the whole project . He said it is Mr. Spriggs against the TIUII and agailllt the neigllborhood. When common sense makes good sense, he asked. why don't you back off? Jd llllke a good shopping center and forget the warehouses . Mayor Burns told Mr. McCain his time was about up. Mr. McCain raponded that he doesn't fed it is right that they give Mr. Spriggs a half hour to tallt ud try to throale the public to live minutes. Mayor Bums asked if he lives in the neighborhood. to wlaicll Mr. McCain rapoadod that be does not have to live in it to own it. Mayor Burns said be ........._ lie jllll 81bd ii lie lives in it. Mr. McCain said that sbould llllke no distinction about his integrity ud thal llis credibility does noc depellll on whether be is 1 home ocx:upu1 there. He emphasized thll he does 1111t feel thal the aelbacb they are pnlpllling. using the back of the buildings for buffers. are lllff"icient . lrtllis tlliaa is pcnnined by the City, Mr. Spriggs sbould be obligated to put in a complete perimelcr fence on the lot lines. thal equalize ud ubili:zc a good .... 1 I • 0 ---------------------------c. • Encte-'ood City Council December 2, 1996 Pace 17 0 • appearance like you sec all around the City when there arc major impacts. He feels there should be at least a ten fOOl buffer and not five feet between the buildings. because the shape of the buildings affect the lawns and trees on the property behind them. It should also be landscaped and irrigated and have some kind of lighting. He said he agrees that traffic would not be a big impact. Nancy Archuleta, 5261 South Pennsylvania Street, lives about three and a half blocks behind the property that is being discussed tonight. She said she is against a mini-storage at this location because it is unnec,essary and unwanted. The Brookridge subdivision has no through Slreets, all of them dead end into each other, she said. She added that there is an elementary school there and this is a very stable area . Ms. Archuleta advised that, when she moved into the neighborhood in 1989, every one of her neighbors was the original homeowner. She rateratcd that she does not 1ee the need for the facility because the closeSl apartment complex, Greenwood Point, bas Slorqc prqcs for their tenants to rent. Apartments on the other side of Broadway have Belleview and Windermere that they can go to. She opined that it won't fit in with the current businesses in Brookridge Shopping Center. She allowed that the shopping center looks gorgeous and said Mr. Spriggs is doing wonderful things with the area. but the current businesses meet the needs of the community. She said she worries about the sophisticated criminal element moving in from California. She worries about those people finding out where she lives. about her children who play in the streelS because there is no through traffic and about the people coming in to the elementary school area . She feels the crime in her neighborhood will go up and she doesn 't want her family~riented neighborhood to change. She said she would like to sec Council vote against this. J. Temple, 5205 South Grant Street, said he has three conccms about this. The corridor that we arc talking about, he said, bctwccn the property on the cast side of Brookridge and the casement between the backs of the building and these fences. We arc hearing that they don't want to put in any landscaping because of the crime possibility, he said. He thinks the fact that they arc making a visually obstructed corridor is what is going to cause the crime. It will collect trash and who knows what because you can 't sec any of it. His other conccm was that the resident manager's property is localed on the lower lcvcl of that property, which is about ten feet down from that corridor. He said he doesn't sec bow you monitor something that is ten feet above you. He fccls that is a big Raw in this dcvelopmcnt. Thirdly. he said the traffic aa:as off Centennial is of concern . Centennial is the only aa:as from Brookridge to Broadway. He ~ conocm over what they do with snow removal because snow does not tum and there is no detention pond on this property to push the snow into. You could conceivably have three or four trucks lined up waiting to pick up snow on this very narrow street, and. he asscncd. that infringes on his access to his property. Sam Masoudi. 5232 South Grant Street. said talk of this project has evidently been going on for quite a while and he .-cr was informed that he could participate. He said he owns his property and he has a right to know what is going on in his neighborhood. Janice Novak, 5256 South Grant Street, said she is here because, like everyone else, she ~ this dcvclopmcnl . She feels the people from the neighborhood who have spoken before her have pretty much covered everything. Traffic is her conocm. she said. Anyone who has ever tried to leave the neighborhood on Centennial to get to Broadway knows they have about two sccoods when that light changes. She fccls people leaving the storage facility arc going to decide this is not an alternative and they are going to tum into the neighborhood to get out Olllo Belleview, prubably up on Logan. Ms. Nova pn:scntcd a letter from I Greenwood Village resident who lives on Clarbon. She read aloud: "It has come to our attention reprding a pn!pOICII IIIO\'CIIICllt to COllllruct "Storage Units" at the Brookridac Shopping Cenlcr. We l'ClpCClfully rcqucSl your Dallill COlllidcnltion to this propoul. Although we do not raide in Englewood. we have expcricnccd-tiving on South Cim---the cacroacbmcnl of heavy uaO'"tc . Slaunch support ol tong time raidenca and empathy on the pan of Littleton and Greenwood Village IUCXlCII was achieved by means of effective development design . The impact of such a decision to 1 I • , --------------------------:. • 0 - Engkwood City Council Dttelllber 2, 19'6 Pace 18 locate storage units in the Brookridge Shopping area we feel would put undue traffic strain on the neighborhood regarding excessive traffic (moving van vehicles, large or small) excessive congestion, pollution and thoughtless disregard for residents within the location. We have experienced first hand the tremendous difficulty maneuvering vehicles along Centennial Avenue both to and from South Broadway. We again request your reconsideration concerning this proposed project. Think again, rqarding the neighborhood, estate values, excessive additional traffic and 11111 the sole inten:st of a specific developer or company involved . Respectfully submitted, Phyllis Scminara.~ 'Ibere was no one else present to speak to the issue. Mr. Spriggs askal if he coulcl take just three minutes to rdllat. Mayor Bums responded that he could 11111 . He said he had an hour and C-ouncil has heard everything they possibly coulcl . Mayor Bums explained to the audience that, as a matter of policy, C-ouncil does 11111 vOlC on a public hearing matter on the same night as the public hearing. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING ON THE BROOKRIDGE SHOPPING CENTER PLANNED UNIT DEVELOPMENT. Ayes : C-ouncil Members Hathaway, Vormittag, Wiggins, Habenicht. Waggoner, Clapp, Burns Nays : None Motion carried and the public heariug closed. (Clerk's nOlC : After the hearing closed. Attorney Reid Lichtenfels. on behalf of Mr . Spriggs, presented the City Clerk with proof of posting. Gretchen Watkins submitted the pictures she used in her presentation as pan of the record .( (b) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON THE ENGLEWOOD MERIDIAN PLANNED UNIT DEVELOPMENT. Ayes : Council Members Hathaway, Vormittag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None Motion carried and the public hearing opened. All tellimony -given under oath. Harold Stitt. Planning Community Coonlinaaor for tbc City of Englewood. Slated that this is a public hearing on a Pluned Unit Development for the Englewood Meridian. He presented proof of publication that Notice of Public Hearing was published Ncwanber 7, 1996 in the Englewood Herald. as well as proof of posting. He said this is a unique PUD RlqUCll thal comes as a result of a change in our zoning ordinance . He pointed out thal a PUD is a rezoning. so it is held 10 the same standards as a remning, it is essentially the same process with only a few changes. lbis PUD is being n,queSled as a result of a change in the R,3 Dillric:t regulatinns. At the time the Englewood Meridian was developed. he advised, the R-3 rcgulalions provided for a density bonus. Typically. there is a minimum or maximum density for zone dillricts. In the case of the R-3 . he said. there was a four unit per acre limit and the density bonus was in effect thal would allow the density up to a maximum of aevcnty units per acre if the property involved was al !call forty-two thousand square feet . Mr. Stitt Slated thal this property is in exa:u of forty-two thousand aqua,c feet and took advantage of that density bonus. After the property was constructed, the density bonus provision from the zoning ordinance was eliminated . 1be result of that was 11111 discovered •. 1 I -----------------------------. • En&tewood City Couacil Da:atber 2, 1996 Pace 19 ·, 0 • until the applicant attempted to refinance the property and it -dillCIOYCl'Cd that there -more units on this property than the current zoning would allow, thus is -non-a>nfonning. Mr. Stitt said there would ordinarily be IIC\'Cnll options open to the owner of the property, in that case. One would be to rezone to a zone diSlrict that would allow that density. Unfortunaldy. he said, there are no zone districts in Englewood that allow a density greater than forty units per acre. A variance was suggested, however. there is a provision in the Municipal Code that prohibits granting of variances that increase density. Therefore, he said, the only option available to the applicant was to apply for a Planned Unit Development. essentially to rezone this particular piece of property to a PUD designation that would allow an increase in density. What the applicant is requesting, he advised, is the R-3 .lone District requirements be imposed in this PUD with one added change . Spccific:ally, to increase the density to fifty units per acre to aa:ommodale this clewlopmcnt. The de\dopmcnt as it cxisas today will DOI change, he said, and there are no proposals for inc:raled de\dopmcnt. This is simply a way of addressing a non-a>nfonning issue that resulted in a change in our zoning onlinancc . Mayor Burns asked if the change would allow more potential density. Mr. Stitt said it would not, the applicants have placed in tbcir proposal a cap al fifty units per acre, which is the density currently existing on the site. They would DOI be permitted under this PUD to add more units. Council Member Habcaicht said she docs DOI undersland bow this happened. Mr. Stitt responded lhal the zoning ordinance that -in cft'CCI when the de\dopmcnt -constructed allowed for an increase in density above the forty units per acre . After it was COllllnlClcd, he said, that provision of the zoning ordinance was eliminated, thus, under the current zoning regulations, the development is non-conforming. Mayor Bwns asked why it is DOI a lcpl non-a>nforming usc . Mr. Stitt responded that it is classified as a legal non-a>nforming usc . He said the applicant oould probably explain why that is not a desirable condition, but he felt it has to do with the ability to pin financing. Our non-conforming use provision says that if the use is destroyed beyond sixty pcrccnl of its value, it may not be reconstructed al that density, but rather, in coaformana: with the existing zoning rqulations. The applicant would have the liability of losing a certain number of units if the clcYdopmcnl -destroyed . Responding to Council Member Habenicht, Mr. Stitt said the purpose of changing the zoning at the time that it was changed, as he undentands it, -lhal there -"Cl)' few. if any. developments that took advantage of the density bonus. Sina: it -'t IIICd to any great extent al the time, the Planning Commission and Council determined thal higher densities wen: not desirable and that forty units per acre was as dense as any residential developmcnl should be in the City of Englewood. Council Member Habcaicht asked whal other such units thcre wcn: at that time and will we see PUD's on those also. Mr. Stitt responded lhll we haven't had any other devdopments. The Marts aputment complex, for illllalla:, is al a density of approximaldy tweaNy-me units per acre . The Silver Cliff is probably about that same amount. he aid. The new hip density devdopments, within the ._ fifteen years are considenbly under forty units per acre. Council Member Habenicht asked if this, then, is the only legal non-conforming usc that we have in the City baled on this zoning change. Mr. Stitt responded that it is the only one at this lcvd . Council Member Waggoner asked irthe Meridian has more than fifty units per acre now . Mr. Stitt said, according IO the applicant. the density works out IO fifty units per acre . Responding IO Council Member Habenicht, Mr. Stitt aid this is because it is so high. The Waterford, he said, has a paler land area than the Meridian has. IO its density is pnibably twenty-fiw: to thirty units per acre . He aid he believes they haw: approximaaety eight to 1en acres there. ..... 1 I • I --------------------------c,.,----------------------------...--~- • Englewood City Council Dec:eaber 2, 1996 Page20 0 • Ms. Habenicht asked if this will open the door for other groups to a>mc in and have the higher density. Mr. Still said this PUD affects only this specific piece of property, but ii would not stop someone else from submitting a PUD at a higher density. He said if you arc talking about a new residential development, that is considcrably diffcn:nt than applying a higher density to an existing development. What we arc doing, he advised, is Uying to com:c:t a situation that resulted from a change in the wning ordinance. Council Member Habenicht said she is still having a hard time Uying lo understand exactly how the PUD process wolts. She asked City Attorney Brotzman if lhcrc is anything that keeps us from granting something in one PUD that we won't grant in another. She wanted to know ifwc arc setting some son of prcccdcnt that will force us to do something later that we don 'I want to. Mr. Brotzman responded that each PUD is individualized and certain standards set forth by ordinance. He said that, just because you grant a higher density here does not mean you have to grant it to every potential group that comes in and asks for a high density. He said the answer is no, this is not prcccdcnt setting. Council Member Wiggins said ii does give prcccdcnt, if we give this we can grant it to somebody else. For illSlanelC, with the previous hearing on the mini-storage, if they want to go in on Belleview. at Home Lumber, with mini-storage, ifwc grant it here this is prcccdcnt in a coun action if they want. He asked if that was not true. Mr. Brotzman said no, that you would diffcn:ntiatc bctwccn all the uses that also surround thal partiaalar use, so you arc looking at a PUD as its own district. You have a rational reason for differentiating them, he advillCld. If the two propcrucs were identical, although that is not probable, you should grant them both. But no two picc:cs of propcny in a given neighborhood will be identical so you can differentiate them. Mayor Burns agreed that PUD's pretty much stand on their own and they really don't form a prcccdcnt, one for anolbcr. Council Member Waggoner said there is other vacan1 property around this sile. He asked if there arc plans for any aC tllal property to be iacluded witllin tllc PUD IO tllal dull density could be IIICd for an addition to this building. Mr . Stitt l'ClpOlldcd dull the Clllly property included in this PUD is tllc property controlled by the applicant and the tolal site is included in the PUD. Council Member Hathaway asked if the gnmy area on Hampden is included in thal also. Mr. Still said that is actually owned by Swedish or its pn,clcccssors. not by Meridian. Council Member Hlbcaicbl asked if the applicanl could oombinc several units within this PUD to make supcr-wiits, or nx:ration cenlcrl. ud thell build an attac1uncnt to it and it would still fit. Or. she asked, if the PUD is limited to tllc only building that cxiltl currently. Mr. Still responded that they can allllbinc units as long as they don't exceed the fifty units per acre. and they can add on without having to CXIIDC back. in tcnm aC tllc PUD. They would still have to comply with all appliclblc zoning rcgu1a1ions and building codes. but thal would DOI pn,clude them from building, as long as the site can aa:onunodalc thole additional units. It IIIUll provide ror n,quired off 11n,et putting. not take: away from n,quired landlcaping. change aC acoca and thole types aC i-. Responding to Council Member Waggoner. Mr. Still said the PUD actually defines the 3 .9 acres by description . In this cue. the two pans of the PUD include the district plan. which caps the dcYdopmcnt at fifty units per acre and the site plan, which spells out where thole units arc. They would have to amend the PUD. he said, if they were going to add on additional building outside of the existing llnlctUrcl. Mayor Burns said in other words. the footprint for this map is just the building and the area inuncdiatcly around it. and does not extend down lo Hampden. Mr . Stitt agreed. 1 .. I • , -----r----------~-----------------------------------------,- • Eaatewood City Coaac:11 Deceaber 2, 1996 Pqe21 • • , . Council Member Habenicht said her a,nccm is 1h11 now the Meridian clocsn 't gcncralc a lot of traffic because a lot or the people wiU use the Meridian bus. She 8lbd if this will allow the use to change to just apartments. Mr. Stitt said it could because aputmcalS arc a pcnaiaed me in lhat zone district. but again you BR: limited to CSIClllially wllll is pbysically on the lite al this point. unless they would come in with an amended PUD applicllion. The way the units arc act up, he raid. it is not likely 1h11 it would be convened to llpBltmCIIU. Mr. Stitt said tbcR -one additional ilmc thal -brought up by the Planning Commission, and that was• a result or a RlqUCll from Public Wens to upgrade the aut,, gultCI' ud sidewalk along East Girard. The Planning Commipinp felt thal it --appropriate for the appliaull to know specifically what thole chan,es .-Id RqlliR. Nllic Wens Im provided dial monBllioa ud the appliaull ha agreed to carry out lbolc ,mproo.wtb • apecified • a allldilion in the Planning Commission's RICOlllfflCllda. Ralph Nqd, 1551 i...;_. 51.-. l'laicleal orMericliu Rdircmcnt e-ilies, lpllkc repracnting the applicant. He raid. • he iiiDda'ltallds it. a PUD is a mudl st-,cr instrwncnt than simple zoning, setting fonh the actual lllllR or where the landlalping will be. the amount or open space, the lllllUrc or all aa:css and aut, cuts. The boall -gr.-d because the SllllUlc allows for ICllior housing to havc an increase in density. recognwng the lower impact in the number or cars and the natuR or the occupanc:y use . What we arc propoling, be said. is to maintain the use. which is an integral part or the PUD, without changing any ortllc feablrcs or the lite. Aay such change would require coming back to Council. Mr. Nagel explained they arc just coming back into conformance with the City ordinance, as it exists today, so as to have a clean applicllion for refinancing, since it is an institutional IIIC. ThcR was no one cllc present to speak to the imie. COUNCIL MEMaER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE THE PIJSUC 81.AJUNG ON THE ENGLEWOOD MUalAN PIANND UNIT HVU.OPMENT. A)'CS : c-il ........ lladlaway. Vonailtag, WigjM. Habcaiclll. w.,.._.,0app.a.. Nays : ~ Motioa c:arried .. die pl!lllic lariltl c:lllled. 10. C.....A..- COUNCIL MEMaER HATHAWAY MOVED, AND IT WAS SECONDED, TO APl'llOVE CONSENT AGENDA ITEMS 11 (a) (I)• 00 ON nJl5T READING. (1) Approve on Fint Reading (i) COUNCIL BILL NO . 74 . INTRODUCED BY COUNCIL MEMBER HATIIAWAY A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 20 TO 11tE V AU.EV SANITATION DISTRICT CONNECTOR 'S AOREEMENT WITH 11tE CITY OF ENGLEWOOD TO INCLUDE ADDITIONAL LAND WITHIN 11tE DISTRICT BOUNDARIES . (ii) COUNCIL BILL NO. 75, IJffllODUCED BY COUNCIL MEMBER HA'lllAWAY 1 .. I ------------------------~-,----------------------:------------, • • • Ea&lewood City C111111c:II December 2, 1996 Pace22 A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 129 TO 1llE SOUllfGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT Wl11f 1llE CITY OF ENGLEWOOD , COLORADO FOR 1llE INCLUSION OF LAND Wl11fIN 1llE DISTRICT BOUNDARIES . Voteraalu: MCllion carried. Ayes : Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None COUNCIL MEMlll.R HATHAWAY UMOVED AGENDA ITEM 10 (II) (i) J'ROM THI. CONSENT AGENDA. COUNCIL MEMllER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (ii), (Iii) ..a(ff) ON SECOND READING. (b) ApproYC OIi Second Radiag (ii) ORDINANCE NO. 65 , SERIES OF 1996 (COUNCIL BILL NO . 70 , INTRODUCED BY COUNCIL MEMBER HA1HA WAY) AN ORDINANCE APPROVING 11IE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BE1WEEN 1llE CITY OF ENGLEWOOD, COLORADO AND 1llE CITY OF SHERIDAN , COLORADO WHEREBY ENGLEWOOD WILL PROVIDE 11IE CITY OF SHERIDAN Wl11f VEHICLE MAINTENANCE. (iii) ORDINANCE NO. 66, SERIES OF 1996 (COUNCIL BILL NO. 71 , INTRODUCED BY COUNCIL MEMBER HA1HAWA Y) AN ORDINANCE APPROVING 11IE RENEWAL OF AN INTEROOVERNMENTAL AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD. COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY 11IE CITY OF ENGLEWOOD WILL PROVIDE 11IE ENGLEWOOD PUBLIC SCHOOL 'S Wl11f VEIUCLE MAINTENANCE . (iv) ORDINANCE NO. 67, SERIESOF 1996 (COUNCIL BILL NO . 72 , INTRODUCED BY COUNCIL MEMBER HA1HAWA Y) AN ORDINANCE Al.T11tORIZING AN INTERGOVERNMENTAL AGREEMENT BE1WEEN 1llE cou.AD0 WATER RESOURCES AND POWER DEVELOPMEJllf At.rl1IORl1Y AND 111E CITY OF ENGLEWOOD. COLORADO EN'l111.ED "OBLIGATED PERSON'S UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE ." Ayes : c-il Maabcrl tladllniway. Vormittag, Wigia. Habcaiclll. w...-,. Clapp, a.. Nays : None (i) Couacil Maabcr tladllniway cxplaiMd dial • palled Ille ---rra. die a--A,eadl bDcaac. 11G111d lille to mlic I ftildler •• in llm I I dial • oripaally ........ I friendly •edwnt OIi No\ c ~ er II, 1996 . 1 I ----~--------------------,.,---~----------------~--------- • Englewood City Council December 2, 1996 Pa~23 0 • COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AMEND TO INCLUDE A SECTION 20 TO COUNCIL BILL NO. 5' TBA T WOULD READ: THAT WE WOULD WAIVE THE RE AND AUTOMATICALLY GRANT A CONDfflONAL USE PERMIT TO ALL HOME DAY CARE PROVIDERS LOCATED IN R·l·A, PROVIDED THE FOLLOWING CONDfflONS ARE MET: THAT THEY CAN PROVE THAT THEY ARE LICENSED PRIOR TO JUNE 3, 19'6, WHICH WAS THE DATE OF THE ORIGINAL MORATORIUM, THAT THEY HAVE NO CODE ENFORCEMENT VIOLATIONS AT THAT ADDRESS OF ANY TYPE WITHIN THE LAST FULL YEAR PRIOR TO JUNE 3°, AND THAT THEY HA VE NO OTHER TYPE OF COMPLAINT DOCUMENTED AT THAT ADDRESS OR BY THE INDIVIDUALS AT THAT ADDRESS BY THE CITY. FOR EXAMPLE, POLICE DESK REPORTS A COMPLAINT IT WOULD NOT NECESSARILY BE A CODE ENFORCEMENT ACTION, WITHIN, ALSO THE LAST FULL YEAR PRIOR TO JUNE 3, 1996. Council Member Waggoner asked what will happen if they get one after that. Ms . Hathaway said this is only taking into account the day care providers that we know exist, the number varies anywhere between seventeen and ninacen depending on whclller you are holding that June 3"' date. She opined that most of these people. with the excq,tion of one that we know about. are basically operating within the conditions of every other neighborhood in this CXIIIIIIIUllity, other than they have been doing an illegal business. The point is, she said. that if there has no( been a a,mplaint from their neighbors. these people should noc have to go through a conditional usc process even within the next two years. as they h:ive proven they can operate without problems. Mr. Waggoner said maybe the neighborhood didn't have a chance to complain. Ms . Hathaway said she feels that if a day care home or any other business was set up next to YOIU home that was a documented nuisance, the neighbors would have a,mplained by now. Council Member Habellicllt asked if this would automalically grant the conditional USC . Ms . Hathaway responded tbat it would aulolllalically be ,waiving the fee and granting the conditional use permit to all of the R-1-A day care prvviden that we know exisl tbat were liccnlCd pri« to June 3"'. becaUle we know who they are. • long • they have no code ad'onlrmeat violalions or any documallable a,mplaints within the la full year pri« to June 3"'. Ms. Habellicllt asked what would happen. then, to a home owner who had a pn,blem . Would that fall within a conditional use kind of conccm? Ms . Hadlaway laid that would mean that would be just like any other resiclcnce and would be handled just• any other busi-. The oaly thing you aJUldn't do is shut down their day care business . Mr. Brotzman agn,cd. saying it would be a crimiaal violation . Ms. Hathaway added that it would be treated the same • we are in any other residential diSlrict with rapcct to such things • WCICds OYCr six inches. or galtlqc cans or anything da:. Some of III run llome oca.-ions. she laid. Ms. Hadlaway said her diSlrict allows llome ocaipaaions, but she would expoc:t her neighbors to call her in for other violaliom. Council Member Waggoner laid the problem he has with that is it really doesn 't give the neighbors a chance to wiCle tlieir a,mplainU for tllOle that are exisliltg. If dlclc -IIO CXl!llplaiMs, and they an: operaling a pod licenlcd day care. then there sllouldn't be uy pniblela with FiJ11 duough a conditional IIIC . 'T1leff sbouJdn 't be any a,mplaints ID they should be able to apcralC anyway, unlal they may have a a,mplaiM ma tlieir neighbor. He laid he would ., a1oag witll waiving the rec. but lie would c:ataialy give the neighbors a chance to say whccher they were causia, a pniblea or IIOI . Council Member Clapp said she is aJDfulcd • to what type of CIIJIIIPlaint thal would be. If it is just aoia: from children. would thal be enough to deny them a liclcalc, then? Mr. Wagoner said he feels that would 1 I· C • Eackwoed City C-U Deceallier 2, "" Pace24 . ' • • be up 1.0 lhc Planning and Z.oning Board. Ms. Clapp said she docs ROI feel that is something thal should even be (X)lllidcrcd ba:alK you oould live next IO someone with their own six chilclrm and they arc going to be noisy al111 . II is a residealial an:a. ROI a n:liremcnl (X)IIIIIIUIUly or -.eching orlhat naaurc wbcR you don '1 allow childml. she said. She opined lhat a lot of government money will be wasted on bearings thal arc ROI .-ry. If there is a problem with lhc type of care dull is being provided with in-home day care, you can rq,on ii to Social Scrvm and if ...cthing is going on they will be dolell down. Council Member Habcnichl said lhc ~ lllis is an extremely difficult isme, mainly bccausc wc arc living in a soc:idy that is in transition and wc IICICld to accommodlle the cbanges in a way lhat protects evesybody's rigllll and quality of life . She advised dull die spoke with a council member from Boulder about this issue. Boulder. she said. permits day can: as a home oc:cupalion. but as a c:oaditional use. She said she is still ROI sure what is being dooc tbroughoul the mcuo area with rcprd IO this issue. That is what is making ii so difliadt Anolber thing that gives her peal aJDCenl. she Slaled, is the comment made tbal the Stale liccnsc requira that a day can: home 1111( be allowed IO lock their doors. She said, 10 her, lhal is frightening. This whole issue seems 10 be opening up all sons of issues that are out there and arc nol being addressed and wc arc t,ying to make all these interesting stipulations based on pieces of information in different jurisdictions thal don 'I speak to each other. This makes no sense al all, she said. She commented that if she were a parent and knew lhat her children were kepi in a home where they aiulcln 't lock lhc doors, she would be concemcd. Ms. Habenicht stated thal she docs ROI think that the conditional use is meant to be a dctenenl lO people. bul rather a tnnsition, so she docs ROI have a problem with lhc c:oaditional use. She added lhat she undenlands about lhc IIC\/Cllly-five dollar fee and lhc concern that people have of advertising thal they have an unlocked house, which is a serious safety concern . Those arc legitimate concerns. She said she is ROI sure she can vote for lhc amendment, but she feels we need IO proleCI these people from having to advertiae thal they have unlocked homes. Mayor Bums said he docs 1111( feel you arc advertising that you have an unlocked home because lhc public is 1111( going to "-that. He said he feels lhc lock issue has a lot to do with fire safety, but that he was ROI sure. Last time be expraacd his CXIIICffll about having to apply for a conditional use for people who have alrady been licea.t and eaaablitW ia the area. He said he .......... ii will lallc about eighteen months to proa:11 all ort11e1c folb al oae per__. tllnlltp tbe Plauiltg Ca "llicla . We~ other cities, be said. ud .,. have a coaditioaal '* applicalicle for haac 1-.t husin ud be feels wc should have that for future'*· To have~ ..... duougll tbe Plaaiag c-isioll, month after month. with conditional U1C applicalioas, is I proa:11 dial is a pnilllcm. Mayor 8urM CllpRIICd sympathy for the __._ ia tbe area wllo have .. k-.. dial -or tllelc places exill ud dull they have been openliag illeplly. He is in favor or llavil!l a aiadiuc.al IIIC applicalicle and lie does 1111( feel a sign advertiaes dial tbe applicant is single. We -t,yillg 10 clDade ncdler people wllo an: established should have to apply ud be appnMld or jull allow 111cm to be gradatbered ia. It is a difficult issue. he said. bul he feels thal K1111C or tbe C1011CC111S dull have been nisc:d tonight arc ROI lhat terribly serious. Council Member Wigia said lie Im a problem widl mwanliltl illepl businesses. They have been in violalion for ._ yan. Ibey have paid ao &-. Md lie feds ...., a lftelll)'-fi\lC dollar fee for tbe applicalion is fair . lftbey don 't have a lic::caae thcy wily aould other busincsaes have a lic:cnlC. be lllkcd. He feels we arc breakiaa a tn111 with Ille people dial -ia ud the people who 111e lhc day care facilities in EagleM,od do• .-a time i• Ille City. TIiey-ill Ille--., drop oft"tbe kids and come back in lhc eveniaa and pidl them up . They do aot sllop witll their kids in our shopping OCIIICn and if they do, ii would be \ICfY rare iftbey lpCIII mucll ~ in tbe City. TIiey don 't even on Mdcnds III wc are 1111( Ffting any -frolll them. Another Council Manbcr --. to limit tbe IIUlllber or legitimate busi-on IOllth Bnlldway, he said, bul lhc is in favor or ao limit on day CIR in tbe City. He said be doesn 't thim thal is fair . He opined dull the hoadown quality olEnpwood is piag to be IOII if they don 't have -requirancnu thal they have a ClOllditional lic:as. He cmunentcd on tbe petition 1 I . , • Eaclewood City Council December 2, 1996 Page25 0 • , . presented earlier by Ms . Smallwood. saying that he would have liked to have been there because, as he reads the petition. it doesn't state the whole facts of the matter. He feels it is a little suspicioos. Council Member Habenicht said that. when we first opened the issue and had some concern about home occupations, the people who live in the R-1-A zones who came forwanl and said they didn't want to see any changes made in the zoning, and that they were aware there were home occupations in their neighborhood. 1bose people feel the zoning gives them protection. they have no desire to shut anybody down, but they do want the proeection . Also, there was a concern about neighbor against neighbor, such as the one we had that had nothing to do with the home business. It was staff who came up with the conditional use, at that point, as a way to deal with this and protect both the R-1-A zone residents and the businesses. For that reason, she said, we should go ahead with it. She asked City Attorney Brotzman if there is any way that the conditional use process could be done like a class action conditional use provided to the existing ones grandfathered in all at one time. Council Member Hathaway said that is what this amendment does, but you are not necessarily forcing them to go through a process . Ms. Habenicht said that what it doesn't do is place the conditions on the use, that 's the only thing that she sees is missing. Ms. Hathaway disagr=. saying her amendment only allows them their conditional use permit. It automatically grants thoae existing the conditional use permit, and waives the fee. if they meet the conditions. It just allows them to not go through the process. Mr. Waggoner said that Ms . Habcnicbt is saying to have them go through the prua:s.s. only as a class. City Attorney Brotzman said each one would be individual but you would have them IChcdulcd all oa one night. As each address is called they will give a brief praentatioa and ~ will be an opportunity for the neighbors to stand up and a,mplain. Council Mclllbcr Habcllidll said lier uadenlanding ol the reason for having a coaditioul 111e is IIOI to question die qaality oldie day c:aR ia die IIOme, but nx:oune for the way die propeny OMICI' aas. Mr. Brou.mu..,.., addills dial HII die coadilmal 111e allows is specialty items. ~..,. be diffaall noile CX*lllla 1 J «· 111 .. die..,...,. ol the propeny, for instance. Council Mclllber Halllauy ....... adler dlan going through the process. wbal diff'aala: lier 1 makes. odlcr ..... tllis ....... ially ~ diem that, provided they have not had My ~·-by tlleir neighbors ia die year prior to Jae J . TIie prablans would have been reponcd within die ._ year prior to June J"' if dae people had .,.. apcnlillg a year or -· Council Member Vonniaag ....... ifwe • diem all oa-nighl, whM ifa groupolfdly citizenl _. to come down ud a,mplaia aboul die MIOle pu11p? AR dley only going to hear from people wbo lft·e within 500 fCICI ol the addn:u is qllClliaa. Of ca -from bll lllila away oomplaia aboul than. also? Mr . BroUman reapolldcd tu die l'lwlills ad Zoautg C--«111 will give -weipl to pcnoas 1iviag aex1 *'°' than to t1101e m111 raw acs aay. 111c m lllilll.,.. tllis ..-. 11e said. is that. hopdully, you will not have dlca all oa die -ewaiiag. 11111 will have Plalllliag ud l.oaillg consider them over a two year period. l'IIJler tliu haviag tllis gianl prucc11 dlal hits them all in -llipl. Council Member Waggoner said ma)4le a apccific area could be considaed all oa one nipt. He aaCld if Council Member Vormittag ', C011CCrD1 over the wont ~1icealed" being illlCltcd to delcribc die day c:are has been addressed. Ms. Hadln-ay responded that ICIClion nineteen addn:acs this. and that her amcdmelll adds a ICIClioa twenty that rcinfon:a the fact thal they have to be a licallCld day c:are home prior to June J "' . .... 1 I -----------------------------,-·---------------------------------- • Ea&lewood City C..acil Decalber 2, 1996 Pqe26 • • Council Member Habenicht railed a point of order. She mnindcd Council that the question was raised earlier as to whether she should vote oa this. City Attorney Brotzman said that. if she does not have a financial intaal or her immediate family does DOI have a financial interest in a dayc:arc, then Ms. Habenicht does not have a conflict in this matter. v• ,_... .. ...._to 8-41 C-61 • Ne. 5': Ayes : Council Members Hathaway, Vormittag, Clapp Nays : Council Members Wiggins, Habenicht, Waggoner, Bums Motion dd'ealed. The City Clerk was asked to read Council Bill No . 54 by title: COUNCIL BILL NO . 54, INTRODUCED BY COUNCIL MEMBER VORMl1T AG A BILL FOR AN ORDINANCE AMENDING 1Tn.E 16, CHAPTERS 4 AND 8, OF lllE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO TIIE REGULATION OF HOME DAY CARE FACILITIES IN lllE R·l·A WNE DIS11UCT. COUNCO.. MEMIIER VORMl1TAG MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITEM 10 (It) (I)· COUNCO.. alLL NO. 5'. CounciJ Member Habenicht llaled that OIIC of the concems in Study Salioa discussion was that the people n:ally feel the IIC\'Cllty-me dollar fee is a big iSIUC . She ukcd that the fee be waived for the existing buli-. City Attorney Broczman l'CCIOIIIIDClld that it be put in the form of a motion afterwards, if Council is piing to pas this as is. except fol' the foe . Couacil Mclllbcr Clapp said die -W lillc to aakc a._ for die .-d ia las OMt clcfaR. Sbe said die feels Ille Im beell wry cmaillm • a c:-:il ~ ia las palilioM widl all.,___ Sbe said llie 1111 always put family aad dlildml fim ad--. '11111 ii las polilioa oa Bnlalhway, aim, dUll we lla\'C Mi that are o .. ..,. widl os ca ·,,. dll1 dlillp wort.......,. for eYCl)'OIIC _.... becaulc QCIWII types ofbuli-ale .. WCb 10 0S .1) cw adlcr buli111-· -CS Mayor 8wm ukcd if the fee is tied 10 wlldher tbeR is a C 19114iNal W ,--. Mr. Bnltmwt said ~ is a coaditional use fee that is ellablishcd by tbe Code c:wwmly. He feels Couacil can wai\ie that for dac isaaes and it can be doae scpualdy from tbe onlillaace. Mayor Bwm ukcd if tbe applicanl bas 10 llalld die C011 of the signagc . City Attorney Brotzman said dUII is ClOffllCt. Couacil Member Hathawa7 asked. if you are waiving tbe ~ for li...,c and dluging tbe n,qainaell1 for diem 10 aerve a IIOlicc on each of their aeipllon. ca you do 11111 ...,_ from the ~? Mr. Broczman rapondcd that you can do that...,_ from tbe onliauce. Ayes : Nays : Council Members Vonainag. Wiggins. Haba1icM. W...-,, Clapp, Burns Council Member Hadulwa, IClat'1 aatc : Council Bill No . S4 was aaiped Ordinuc:e No. 64, Series of 1996 .1 • . I· 0 • Ea&lewood City Coaacil Decaabcr 2, 1996 Pqe27 • -,. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO WAIVE THE S75.00 RE FOR GOING THROUGH THE CONDITIONAL USE PROCESS FOR THOSE TBA T ARE EXISTING. Ayes : Council Members Halhaway, Vorminag, Habenicht, Clapp, Burns Nays : Council Members Wiggins, Waggoner Motion carried. COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TBA T INSTEAD ON REQUIRING A SIGN BE POSTED, THAT WE REQUIRE THE SERVING OF NOTICES TO ALL NEIGHBORS AROUND THE DAY CARE HOME WITHIN A ONE BLOCK RADIUS IN ANY DIRECTION. Council Member Vormittag asked if it would be beUer to just say SOO feet . Ms. Hathaway said SOO feet isn 't even one block . Mayor Bums asked if, by one block, she means in every direction. Ms . Hathaway responded that she means one block in any diR:Clion . Motion carried. Ayes: Council Members Hathaway, Vonninag, Habenicht. Waggoner, Clapp.Bums Nays : Council Member Wiggins II . ~Rrlliaal_......_ (a) ~ on Finl Aadiag (i) City A...-.y ~ plaealOd a ftlCXIIIIIDClld to adopt a biU far an onlinaDce audlormag the 1111e cr1 me pRlpCl1ics • Sa1111i S11erman suecc to the Eaglewood Hausutg Audlority. Mr. Brouman ._.... c-il dill. • the ... IDClelillg. they authorized by aOliclll the ale crl thelC pnipaties wl this is a forwalizaeioa wt decllll are aaaclled to the onlinwle. TIie only -, tbiDg lllcllll the decllll is tllcR is a ratric:lioa dial die)' oaly be ua far~ ..,.._ wt dial the City MaaaFr, rada dlu the Mayor, will be.., dlelc ae to the coaffic:I ~ beillg the Mayor and bead crl the HoUliag Autllority. lie would be liping twiQc. Mayor Bums lilalCld dull. -lie did the ... time, he will abllain from clisc:uaion or wting on this isaae. The City Clelt -asked to mid Council Bill No. 76 by title: COUNCIL Bill.. NO . 76, INnOOUCED BY COUNCIL MEMBER HA 1llA WAY A BILJ.. FOR AN ORDINANCE APPROVING nm SALE Of FIVE CITY Of ENGLEWOOD PROPERTIES LOCA IBO AT 3400 , 3410, 3420. 3424 AND 3428 SOlTJ'H SHERMAN STREET TO nm ENGLEWOOD HOUSING Atn'HOIUTY . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 76. Ayes : Council Members Hathaway , Vorminag, Wiggins, Habenicbt, Waggoner, Clapp Nays : None Abstain : Mayor Bums ' .. I . I • Enpewood City C•acil Deceaber 2, 1996 Paie 21 Motion carried. • I• • (ii) Director Fonda pracnlcd a rccommcndalion from the Utilities Department to adopt a bill for an ordinance approving I ratriction on the number of Ullel'S per waler and sewer service line. He stated that this is a bo11sekeeping mcasun:. We rally haven't been permitting them, he said, but it is difficult to say no when you don't ~ the backing of an ordiaancc. We already have it in the sewer ordinance and this would bring it into the water utility also. There ~ been numerous problems when we have bad two users on the S1111C service line . The City Clerk was asked to rad Council Bill No. 73 by title : COUNCIL BILL NO. 73 , INTRODUCED BY COUNCll. MEMBER WIGCilNS A BILL FOR AN ORDINANCE AMENDING TJ11.E 12, CHAPTER 18. SECTION 7, OF 111E ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO RESTIUCTING 11IE NUMBER OF USERS ON ANY ONE WATER AND SEWER SERVICE . COUNCIL MEMaER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 73. Motion canicd. Ayes : Council Members Halbaway, Vormittag. Wiggins, Habenicht , Waggoner, Clapp. Bums Nays: None (b) Appro\'c OIi Second Reading There were no additional items submiucd for approval on IIXlOlld raidiag. (Sec A,cnda Item IO -Consent Ap:nda.) 12 . Gwral ...... __ (1) Mayor's Choi<:c I . Mayor Bums a,ngntulalcd the Eaglewood Higll Sdlool ....U IQIII for dolllg so well this year. He said they did I pal job. (b) Council Member's Choice (i) Council Member Vormittag IUbllliucd lfflcn to City Manager Cwt OOIIUIICllding Lcigll Ann Hollbincs and Su7.ic Grwie for die -••ediwa work done on tbc City calcadar. He ulled thal the following ldtcr be pul into their pcnonad fila: ·Picas aa::cpl my appn,cialion ud lhanb for a job well done. The calendar project -lllllldlliaa tlial I Wlllled 10 aec -.plilhed since I bcaunc a council member. With your time ud commitmenl to the project. we ~ been Ible IO pn,duClc a high quality calendar that the entire community can enjoy . You WClll above and beyond the call of duty, and it QCl'tainly shows in the final product. Signed Al Vormittag." Mayor Bums agreed that the c:alcndar i1 terrific. (ii) Council Member Habcaicbl a,mpli.....S Council Member Vmmlttaa ud the swr for putting together I very lltracti\'C calcndar. SIie said • Ulldenlandl it will be -of. community project next year and she i1 looking f-.rd to dial . I· • Ea&tewood City Coaacil December 2, 1"6 Pace29 13 . City Maaqer'1 llqiort 0 , . • (a) City Manqcr ClaJt l)RICllled the bi-weekly Cinderella City Redevdopmcnt Report . (b) City Manqcr Clart recommended that Council go into Executive Session immediately to discuss a real eslale matter. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, ,OR COUNCIL TO GO INTO EXECUTIVE SESSION IMMEDIATELY TO DISCUSS A REAL ESTATE MATTER AND THEN RETURN TO RECONVENE THE MEETING. Ayes : Council Members Hathaway, Vormittag. Wiggins, Habenicht, Waggoner, Clapp. Bums Nays : None Motion carried. 1be meeting recessed at 10 :32 p.m. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, THAT COUNCIL MOVE OUT 01' EXECUTIVE SESSION. Ayes : Council Members Hathaway, Vonnittag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None Motion carried. 1be meeting reconvcncd at 10 :39 p.m. 14 . City Auer.y'1 llqiort (a) City Attomcy 8RIIZnml NqllCllod I .._ to CIOlldemn the Home Lumber property, which would also begin by making aa lChlll offer ti S315.000. COUNCIL MEMBER WAGGONU MOVED, AND IT WAS SICONHD, TO CONDEMN THE BOU LUMBU PltOPEllTY, WHICH WOULD ALSO IIEGIN BY MAKING AN ACTUAL o,na o, SJl5.IN. Ayes : Nays : Motion carried. 15 . Mjaa,-t Coucil Mellllcn Hadinay, v--,_ Wigia. Habalidll. w...-,.a.,,.a.. Nia COUNCIL MEMBER HATHAWAY MOVED TO ADIOURN . The IIICICling adjourned II I0:40 p .m. ~dk. CityClert ' ' -~ , .. _t;· ~ rr, Ill BIH)Oh:RID(;E SIIOl'l'l'\C < I·'\ I Fl{ l'ROl'OSU) I' I I) 1 - I ' r J J J ' J ' ' ' ' ' • ' ' • ' ' ' • . - 0 I • • BROOKRIDGE SHOPPING CENTER PROPOSED PU D • •• Submitted 0.:--2, 1996 1 . . . I· 0 • J J J r J J J J • .. BROOKRIDGE SHOPPING CENTER, INC. 84GO East Prentice A..._, s.1tc 1148, Enpwood, CO 80111 • (Jll) 143-"I I • FAX (lll) 143-"'6 December 2, 1996 City of Englewood Planning and Zoning Commission 3400 S. Elali Street Englewood, CO BO 110 Re: Brookridge Shopping Center Southeast Comer, Belleview Avenue and Broadway Englewood, Colorado Dear Council Member: I am pleued to IUbmit an applicaaion for a PUD for the Broolaiclp Shopping Cenler property. The propOIOd PUD will allow all of the UICI allowed under 82 mning at the time of the approval of the PUD, and sdfstorage including an on-site raident manager's dwelling. The self storage facility will provide 1tonp to individuals and t-1•n r u. It will total 49,960 square feet COlllillinl of 31,91 S aquare feet of newly eGllllnlc:ted buildings and 11,045 square feet ofexilting lower level space and pnaea which wiD be c:onverted to self storage . The storage uniu will ranp primarily in lize fiom 4' x 4' x 4' boxes up to 300 square foot storage apacea . The lower level of the exilling retail building totalling 9,400 square feet will be desiped u climate conuoUed storage space . The remainder will be traditional space which is not climate conuolled. Approximately 36,010 of the project will be secured, with accesa fiom Cem...a Awaue tbrouah an 1UtOmatic: pie operated by a key pad. The remaining 13,950 square feet will be acc~rred fiom Belleview Awaue with individual units acceu1ble by keypad code. ' . ' ' 1 .. I. • 0 1 32xl ------~---------------.,-----~--,,-----~------~-----,,---, • -J r [ r r I I I I ·, City of Erpwood Planning wl Zoning Coarmillion Page2 • • The owner of the ldfltenge &cilities will be Brookridge Shopping Center, Inc ., the owner of the adjacent Broolaidge Shopping Center. All maintenance of the buildings and the conunon areas will be handled by the property management department of Alpha West Realty and Investments, a related entity to Brookridge Shopping Center, Inc ., which praently pemH"qlS the management and maintenance functions for the shopping center. In addition, a full time resident manager will reside on the site. Each tenant will be required to present a valid picture ID and will be given a personal private code for entry by keypad into the gate or individual storage unit . The keypad system will prolul>it acceu at certain houn and will record each entry and exit by each tenant through the gate and/or individual storage door. The ltonge facility will be inviting and aesthetically pleasing . It will be visually compatible to the adjacem retail buildings, utilizing the colon, materials, and architeclural characteristica establithed by the recent shopping center remodel . The buildings will be of residential ICale with llopina standing 1ea111 metal roofs of the same color and type u the shopping center alons c.ennial AWlale and with c:ompotition lhinglel adjacent to the residential properties to blend with the residential compolition ...... The perimeter storage buildinp will be buft'cred by adjacenl landaping and will be oricnled IO that IIO storage unit doon are vilible to puling pedeltriana or vehiallar traffic . The addition of ldf storage building and the utilization of the grade level buement apace will repraalt a big step in completing the uxeufill redevelopmeait of Broolaiclge. It will enhance the streettcape a1ons Cemennial with new, llllKlM buildinp and perimeter landlc:aping which will creaae a linp, aesthetically cohaiw developmenl . Self atoraae ii compatible with the IUflOUlldins 111e1 and will provide a valuable 9vice to nea,t,y residences and busineaes. It senerates no off'-site parkiJw and the lowat traffic: count of ~ • . 1 ... I· I ·~ . . ' I I I I I I I I • .. - City of Englewood Planning and Zomng eo.mniaion Pagel any commercial ute. In filct, accordin8 to the Institute ofTransportation Engineeria8 Trip Generation llcport • Sth Edition. the c:onvenion to self storage will lower the peak hour traffic acc:eaa,g C---' Av.-by 24 trips per hour. Pleue contact me if you lllve any questions or need additional infc,nnation. Sincerely, ) f\ MU 9n,v.ffn r-"9ril&' I ~ JMS/tvm ... . ' ' ' 1 1 .. • , • 0 I I [ ~ u E I I I I • .. - TABLE OF CONTENTS Blookridae-n. and Now PtopollllWStal'lae Selected Projects By Alpha Wat Sedion4 SedionS ) .. . . • I • I I I I I I I E ... u L I , l I I ·.., . . • • t ~ . ~. 1 .. • 0 I~ - COUNCIL COMMUNICATION DATE: Deccmber2, 1996 AGENDA ITEM SUBJECT: Brookridge Shopping 9 a CenterPUD INITIATED BY: J. Michael Spriggs, STAFF SOURCE: Harold J. Stitt, Brookridge Shopping Center, Inc. Plllllning Community Coordinator COUNCIL GOAL AND PREVIOUS COUNcn. ACTION; Previous Coyncil Action: On November 4, 1996, City Council set a Public Hearing on this matter for December 2, 1996. The subject property was annexed into the City of Englewood by Ordinance 13, Series of 1964 and was zoned B-2, Business District. RECOMMENDED ACTION; Staff recommends that the paopoted Brookridac Sboppina Center PUD be approved as recommended by the City Planning and Zoning Commission. BACKGROUND, ANALYSIS. AND ALJ'IBNAJIYIS JDENJJDEQ; The City Planning and Zoning Commission held a Public Harina on October 8, 1996 on an application for Planned Unit Development (PUD) filed by J. Mic:bael Sprius, Broobidge Shopping Center, Inc. The applicant bad filed a request for raonina of the subject site from B-2 , Business District, to PUD District. The propoled PUD will &cilil* the buihM>ut of the Brookridge Shopping Center by pennittin& the clnelopment of lelf-llOlap units on the under- utiliz.ed eastan portion of the shopping center lite. The propoled PUD difJen from the current B-2 Business District zoning oftbe site only in that IIClf storaae is paopoaed • a pamiued use . During the Public Hearing, testimony in the form of a letter that bad been dillributed to adjacent unincorporated A,apahoe County residents WIS praented to the C'.oauni11fon . This letter WIS intended to represent the views of the adjacent unincorporated Arapahoe County residents. The letter presented eipt concerns usocialed with the IIClf-storap use propoled in the PUD. ThOle concerns follow , Ilona with staff dilcuaion on each isale: I . lnthutrial Use in a rulMlflial area sltould ltOI be ollowd. 1 .. I· 0 • . ,~ • The proposed PUD, which would include self-storage, ;is not an industrial use, nor is it a residential use. As the self-storage business his evolved over the past tWfflty years it his become integrated into commercial and residential areu. The JJU1P01C of the PUD is to permit greater land use flexibility while controlling usc impacts. This proposcd PUD meets the intent. 2. A large amolllll of traffic will flow tlrrOllgl, Broomdge Residential Area from the storage 1111its. An uample could ranp from Cars, Pica,ps, U Haul Trucks and Moving Vans . These vehicles will access the storage llllits on the east driwway off of Centennial Avem,e into the stora~ units. As you blow tltal street is alnady heavy with traffic from the Burt Chevrolet Dealership on Broadway and Centfflllial. The urvice garage entralWs are located on tltal north side of Burts. Also, there is alnady considerable traffic using Centennial Avem,e to avoid the light OIi Broadway and &llevlftl. Institute of Transportation Enaineen trip generation rates, presented by the applicant, show that self-storage generates significantly fewer trips than any other commercial usc aheady present on- site. The rate for self-storage is 0.26 trips/1,000 sq. ft a compared to: 2.68 trips/1,000 sq. ft. for general office; 4.93 trips/1,000 sq. ft. for mail; or 36 .S3 trips/1,000 sq . ft. for fast food restaurants. This proposed use will generate less traffic and less impact than praent zoning. 3. I have been told.from W1Tiow sources tltal Storage Areas breed crime. No evidence his been praented to support this claim. Testimony from a police officer who owns adjacent property did not support this asaertion. 4. There will be storage units on the SOlllh ffld of the shopping Cffller. 77tue dorage llllit.s will back directly to the lto,,,es OIi the south end of Brool:ridge. This statement is conec:t: storage units will be on the IOUtb end of the sboppina '**'"· The storage units on the IOUtb side of the lboppina center property will abut Eat ea.m;.a Avenue. saoraac units on the cat side of the sboppina cenlel" property will be .. beck -feet from the adjacent property line. All units are buffered from tbe raidential ll'e& with a wall and landscapina. 5. There will be 1111/erteed storage lllfiU ill bacl of the "'*' tJtat WOtlld I# "" easy gathering place of .,,,,.sirobles wldclt WIOtM ~ to I# ptll'Oled (lie) by the Clly of Englewood. Testimony from the police officer indicated that tbe ..renced llorage area bu only one point of access and therefore would not be an attractive .. plherina place for undairablel." 6. Most storage lockers are built in a /IIISbtus 7ANd,w with a _,. ,auy ono °" both silks of the property plus lots of grau l#hind and attrocl#N ,.....,., ill the jro,,I of the buildings. .. I. 0 ------------~----------,.,-~------------------------.:----• I • ·, • .. The proposed PUD complies with, and in many instances exceeds, the City's landlcaping ~ts. It is interesting to note that the me is c:onsidercd by the residents to be both industrial and business . The PUD does not specify but ralber CODll'ols impacts. - 7. Mon titan li#2ly tltue nor• units will be kased on a lor,g tawt 1-6 by and (sic) 0111 of town manageJJtent company. 11w ru#dmts will laaw "° ow,wr to twn to. A.r )'OIi blow tlli.r shopping ~nter will probably be .aid~~ Is COlllplete. For zoning and land me purpolCS. me ihould be ._...,lied with the land. 1bis ilme will not be relevant since the property will be replafed by the PUD. Tbe appliclnt Im, bowewr, stated that be will be the property mmaer for the pn,poaed aelf-lkll'IIF facility. 8. OM of the biggest problems tltat I see Is people wlao an pwdtasing propmy do not want a wall such as tlli.r in their back yard and It will create a 1arp rw6«:tion In the present owners w,luation. The propMed self-llkJla&e units will be residential in ICale. They are one story in height wbaas the maxim1DD beipt permiued in the 8-2 zone district is 60 feet. Adjacent property owners will 1ee only one story muctures with gable roofs rather than taller structures or the praent parking lot behind the shopping center. The Assistant Fire Marshal identified two concrms with respect to Fire Depaa1ment 11CCe11 to the proposed self-storagc facility . These ilmes have been re10lved and incorpolaled into the PUD Site Plan. The Planning Commission voted to reoommem approval of the Planned Unit Development application by a vote of 3 -2, with 3 ableat and 1 vacancy. QNANCIAL IMPACT; The p.opMed PUD will allowed for the buikkut of the lboppiaa ceala' pnendna building permit fees and additioaal property lax. YSJ Of A'ffAC."IQIENT; Staff Report PUD 96-01 Findings of Fact PUD 96-01 H.~aMN'UDNOICC.DOC 3 • . I· -------------------------.. ------------------~---------~ • ORDINANCE NO. _ SERIBS OF 1988 ·, . " • .. BY AUTHORITY A BILL FOR COUNCll. BILL NO. 80 INTRODUCED BY COUNCll. IIEIIBBR _____ ~ AN ORDINANCE APPROVING TIIB REZONING OP THE BROOKRIDGE SHOPPING CENTER LOCATBD ON THE SOUTIIBAST CORNER OP BELLEVIEW AND SOUTH BROADWAY IN THE 5100 BLOCK, CURRENTLY ZONED 8-2, BUSINESS DISTBICI' TO A PLANNED UNIT DEVELOPMENT. WHEREAS, J. llicbael 8priap, alBroallridse Sbappiac C-ter, Inc. aubmitt.ec1 a P.U.D. applicaticm to re&GDe tbe Broabic1a9 Sbappiac C-ter from tbe 8-2, Bui- District to a P.U.D.; and WHEREAS, the total lite altbe llnlalaidp SbappDs C.ter mcom.,._ 7.9 acrN and ia currently developed with a 59,175 aqaare foot lbappinc-terlafflce ccmpla; and WHEREAS the propmed mini NII -at.orap me ia not a permitt.ed uae in the 8-2 1.one District, but can be permitted if tbe rwming to P .U.D. ia appnMld became the J'UOIUDI p.-. proridee apeciftc:ity CID permitt,ed UN and lite ammitiea; and WHEREAS, the popoaed P.U.D, will facilitate tbe build-ialthe Broalaidp Sboppiq Center by permitt:iq the develapmmt al Nlf ....... llDita CID tbe under- utiliwl Nat.ena partiGD altbe ebappin1 cater lite; UMI WHEREAS, the popoaed P.U.D. diSlrll 6-tbe canat B-2 av ..... DiMrict -ins altbe lite in that ........ ia prapaed -• permitted-; .... WHEREAS, the Enpwood PlmiDs and ZCllliDs 0-nrilliGD beld a Public Heariq CID October 8, 11186 NYiewed the Jll'CIPCll&l md lland: 1. 'lbe P.U.D. District plan with the additiGnal CllllditiCllla •• in caabmaDce with tbe diltrict plma nquinmmte and the ccmpnbmai•e plan; and 2. All required documata, dnwinp, rmrrala, ,--«11tiw, UMI ....-a1a haft bam l"ICliwd; UMI 3. The P.U.D. Diatrict plan with tbe additiGnal CllllditiCllla ii cmeilWtt with adapt.ad and ,-.ally Wlptild ....._ al cleYelclpmmt in the City al~ .... ,. Tbe P.U.D. Diatrict plan wlda the additiGnal eondWane ii eullawatially cmefrtmt wlda tbe a-la, uliiaeti .. , daetp pideliw, policiaa UMI my.._,~. law er raquirammt althe City; UMI -1- . ' .. I· 0 • -------------------------------- • ·, • (. WHEREAS, the En,lewood Planning and Zomnc Commiuion recommended approval with additional conditiona to the P.U.D.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tipp 1. Tbe En,iewood City Council &nda that: 1. The P.U.D. District plan with the additional coaditiona ia in coafmmance with the diltrict plan ncawr-mta and the comprehenaive plan; and 2 . All requincl documenta, drawinp, nlernla, recommmdationa, and approvala have bem ~ and 3. The P .U.D. Diatrict plan with the additicmal amditiou ia camiatent with adopt.ad and ,-,.l1y aCCllptiad ataDdarda of clevelopmmt in the City of~ and 4. Tbe P.U.D. Diatrict plan with the additional amditiou ia .ubatantially «:GMietent with the pa1a, objec:tiww, deaip pidelinea, policiea and any other' ordinance, law ar ncawr-mt of the City; and ~Tbe Planned Unit Development attached• Bmibit A far a portion of the ~~ Sboppinf Center ia approved with the fol1owini canditiona: 1. Centennial Avenue: 2" caliper tnN apaced 20 feet apart lhaU be planted from the comer ofbuildinc 2 to the eut md ofbuildin, 8. ,. 5. Belleview Avenue: Two additional baneJ lOCUlt a-, 2" caliper, inatalled CID the nort.maat, to CODtinue the plantin, pattern lbawn a1aas Belleriew. Parkinc Aialea : Two 2" caliper tnN lball be planted CID the _. ad of aacb Parldnc aiale neanat the........, _ter llndw9; tbia will caapriaa a t.ata1 of 10 tnN, two far aach pukiq aiale . IrriptiC1D : All land-,iDI CID-aite lhall be irriptad. Fire Aa:eu: Tbe develops lball naoh9 the --of -..... .., -... tire vehid• to the Fire lhnball'a aatiafactiOD, apamlc:all:,: A. 1be turninl radiua far tire dapartmmt ..... B. Any portiCID of tba facility ar any ,-tiOD ol an ___. wall of the tint atory of the buildm, muat be located witbiD 1150 laat Irma In departmmt acceaa u meuand bJ an appao,ed route around the...._ of the buildin, or facility. 6. Uae of Starap Unita: Tbe ....,. U11ita lhaU be uad for • ....,.. aaly. 7. ProbibitiCID of Vehicle Jtmtal: n.. lhall be DO rmta1a oftracb, tnilan, ar can Irma tbia aita. -2· I . • . ,. • '· 8 . Chander of Development: 'lbe developer lhall uae the ume facade mat.eriala, colon and an:bitec:tural cbaracter for the mini-atonp unita • ia uaed in the remainder of the Shoppina Cent.er . 9. Roof Style: 'lbe mini-atonp unita lhall have pitched roof lin•. Introduced, ned in f'IIU, and pMNd CID tint rNdiDf CID the 4th day al November, 1996. Publiabed Ma Bill for an~ CID the 7th dQ of November, 1996. n.-.. J. Buru, Mayor ATTEST: Louc:riahia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk of the City al Eqlewood. Colorado, hereby cstify that the above and fanpmr ii a true copy al• Bill for an ~. iDtroduced, read in f'IIU, and pMNd CID tint readiq CID the 4th dQ al November, 1996. -3- . ' •, .. I· 0 - • • • OWIGMT ALAN l"IAMIL TON CL Y DC A ,-AATZ , ,JA JOHN T W I LLSON M ICHA.CL C GUlltLCY .JAMES H MAlltLOW ,JAN IC M0NTG0Ml[lltY OIIIE.00 .. Y W SMIT"1 "08UtT L aA .. TMOLIC CH"tSTOP'HUt .J W P'O••c&T MCGHAN K . WCLCH 0 • HAMILTON AND FAATZ A PROF"ESSIONAL CORPORATION ATTOllltNIEVS AT LAW THE COLOAAOO STAT£ BANK BUILDING 1eoo BAOAOWAY • SUITE aoo DlllfVJla, COLOaADO SOIIOR-48118 TELEPHONE (303) 830-0900 ,.AC51MILE l>O>I ae0•7••• OdDber 30, 1888 City cl Englewood City Council 3400 South Elati Street Englewood.Colorado 80110 RE: Case P.U.D . ..Q8.01 Brookridge Shopping Cenl8r Planned Unit 0.W.lopment South Broadway and East Bellevi9w Awnue First Reading Befont Englewood City Council Dear City Council Members: 9 .:a •i o,-COUN5CL KENNETH W CAUGHEY P I ERPONT ,.ULLER 11eoe-1ee31 .JOHN M . EVANS Thia law firm repre11nts Patricia Barnes, William BamN, Jama Michael Barnes and the Ellen L. Clarida Madden Trust (heralnaftllr colledMly "lhe Truat"), fN owner cl property at the comer cl South an.ctway and Eat Ballaiaw (lhe mw Amoco gas mlion •>· Brookridga Shopping Centar, Inc., through Mr. J. MichMI Sprtp, ... filad a Planned Unit o.Mlcpnent ("P.U.o.i proposing conatructian d • "mini 111nge• bulirw on,. peal adjoining the Trust'• property. Our cliant • aaud ua lo addlw ..,.,.1 iuUN cl concam it ha. Thia law firm appw9Ct on behalf cl ttw Trust blb9 ttw Englewaad Planning and z.onirv CClmni11ian on OdDber 8, 1-. N. thlllt hwing, COINal far the Truet Nqueatlld Mthe Planning and Zoning Commiaion allow a brief aclllnlicMI d time In which 1D file a written position ata18ment with the Commiuion, but such ,aqUNt w denied by ttw Commiaion. AtthathNring, the Commiuion app'OW9d aubmiaion dthe P.U.D. lo City Council by a vote cl 3 to 2 . The Trust now deairN, • the ownar d property adjacant to this propoaec:t development, 1D voice Its opposition 1D the proposed P.U.D. Ttw Truat canan wlh the concama raiwl by altw adjoining property owners and oouoerned citizens at ttw neighborhood fflNting and Zoning Commiuion fflNting. The loc:lllior'I d a llarlrge Id oparation In this neighbamood would oanatilulla an Industrial UN, which la net appropriat8 either for l'Nidenllal neighbors or far ttw shopping cantar USN wlich lie LNM anticipataa. The Trust la lllo ooncemed about ian1ed traffic, noise, lack d ...._. with ttw surrounding archilllcbn, and lnaufficlant landlcaplng lo blend ..... • I . 0 ----------------------,.~------~----------------- • October 30, 1996 Page2 ... • lnwltltw ~ McncMr, ...... been. conllnuing p,ablem, elnce .. mlni- atorage Industry was first atar1lld In ._ .... 1870'8 d pablema wllh ._ uMntton d 111:nge ll'llllltar Illicit purpaaN, IUCh -tor ... d .... goods. and• locllliona tor ffllla,iphllai,li• and crack cocaine.........._ The TRIit • deeply aonoemed about .. tllCt d .... pol8nlial aclMlia ....... nat --• •IClalwns facing palllilial premlw liability luuea. but aleo out d GOIIOll'II tor ._ INidenlll d ._ edjoinlng ~ ..... bulirllllC!Mlla and ....... wMhin ._ ahappil19 oenlllr. The fact that the l.NIN lnlilnds ID ernplor a 24-hour ....._ ........ fllcilily highllghla .. pdantial far trouble Ill thla .... Finally, theie has been an lncn 11ing problem, pa,ticulalty on the Elllt Colllt and w.teo.t, dlllegal dumping «•ca dtacicWlm oralhs hazanloua ....... In prlvata storage units. Given the drllmllllcaly ia1111d GOit Nlallld 1D tacic Wlm handling and dlspoul, Illegal dumping ha unbtuMlllly beaonle a GOit~ all9rnltNe to legltimatlt wam dllpoeal. n.. 1a a1eo been an 1ncr1111d pr1111nce d organized crime elements l9nling and ..-11 IUCh Illicit dilpalal ..... The TRIit la extremely concerned about the palllllial Impact d IUCh activiliN on neighborhood rNidents Ind the environment. Therefore, the TRIit, a ,_ simple •ldowner d the prapeatr adjoining the proposed delrllapment. atr9nuously Cllltllllll thla P.U.D. becal-1 • nat In the beat inlllrNta dthe aunoundlng community and INidlnlll. The TRIit 1,1gN ._ City Council ID reject this pnJpONd P.U.D. RNPKtfuly aubrnilld thla 81 day d Ocmber, 1•. cc: Palrida Barnes a,-Jr. ChilllDphs J.W. Fonaat 1800Ellaadwly .... 900 O.W.,Colorado eo:m (303) l»G500 ' -. ' • . .. I. • 0 'J2 x l ' • DWIGHT ALAN HAMIL TON CLYDC A ,.AATZ , .JIit .JOI-IN T WILLSON MICMACL C GUlltLC Y .JAMCS " MAlltL OW .JAN C MONTGOMC•v GlltE.GOIIIIY W S"41TM lltOaC..,. L aA.-THOLIC CH .. 15TO~HCllt .J W ,-OMIC5T MCGHAN K WCLCM 0 - HAMILTON AND FAATZ A ~RO,-ES510NAL CORPORATION ATTOfltNEYS AT LAW THE COLORADO STATE BANK aUILOING 1eoo BROADWAY• SUITt: 1100 DBJfVIUl. COLORADO - T£LE~ON£ l>O>) a.>o-o•oo ,-ACSIMILE f>O>) aeo-7eaa OclDber 30, 1888 City d Englewood City Council 3400 South Elati Street Englewood,Colorado 80110 RE: case P.U.O.-GS-01 Brookridge Shopping c.,., Planned Unit 0.Wlapment South Broadway and Eat Belleview A-,ue Firat Reading Befar9 Englewood City Council Dear City Council Members: o, COUNSCL K£NNltTH W CAUGHE Y ~tl[,it,.ONT FULLER 1,eoe-1 ea31 -IOHN M . EVANS This law firm resn•nta Palricia BamN, Tn.aatN d the Ellen L. Clarida Madden Trust (hereinafter "lhe Trust"), fN owner d the abo'8 .....ad property. Braokridge Shopping C.., Inc., thlaugh Mr. J. MichMI Sprip, ha tiled a Plar.aed Unit Development ("P.u.o., p,apoeing canatruction d • "mini llcnQe" ...... on the southeast comer d the abew1 .....,iced praperty. B,aolcrldge Shopping c..r, Inc. Clplf' C .. ltqipiig Oll'l3lf' pursuant 1D a long-wm l.NN wilh the Trwt. Our client ha Mud us 1D addrw ....a..,.. d concern it has. 'Ilia lawlnn IPll •• Id an bltlllf d .. TNlt and Ma. a.m.. blb9 the Englawaad Planning and Zoning Comm•tion on OclDber 8, 1888. At. that Maring, COUIINI far the Tut.._., 1t1 If 1111 the Planning and Zoning Comm•tion allow a brilf..,.... d time in which tD file a wrilln polilion ......,.._ wilh the Comm•ion, but auch MqUNt was dtnild ~ .. Comm"11 l1>l Al. that hearing, the Comm•ion apprOWlld IUbmillion of the P.U.O. to City Council ~ a vaa ol 3 tD 2. The TNlt now ....... • the OMwr ol the property undertying this prapoNd det 1li,pmn, tD wice .. oppOlttion tD the prapoNd P .U.O. Ccuall far .. TNlt IWlld bafor9 the PlaMing and Zoning Commlttlon the .... of whalher the Planned 0..1lapment· Application (llllilched ._. • Exhibit A), is pracldurally Invalid, for failing 1D PRMde the wrilllln aUlhariralion ol the landowner. The P1ar11C1 DM1cpmart Applicltlon dllld 8lpllmber 11, 1•. •• • •'* ttlll ln,olcridge Shappiig Centlr, by and through Mr. Spriggl, ii the praperty owner. This 1apr111ntation I· 0 • October 30, 1996 Page2 0 I • • is, in fact, incon9d, a 8fookridge Shopping Cen111r is a long-lerm Leaw, and the Trust ia the tee simple OMW dthe underlying property. The Planned Development Application, Exhibit A atlached, requires that If the Applicant is om the owner d the property, the Application must be accompanied by the written authorization for auch action ligned by the OMW or CMt'l18IS d lllid land, IDgelher' with a ltalllment signed by the owner or owners that they agrN 1D be bound by the ragulations and conditions which will be .rr.ctiwt with the appnwal and raccxding d the 0.V.lapment Plan. I ia undisp 1111d that no such wrta.n authorization and ata1llment was .,., raquestad from the Trust. onubmilllld wilh the P.U.D. Application . The leaw'• ....... ntatM UHrted at the Commiuion hearing that, in rNlity, no such 19quirement w nec11aary for a Planned Unit Development, but the Trust has a d this date not receiYed a utisfac1IOry ecs-lllllion d why its authorization is not 19quired for the development. In fact, although the Laaee began itl paw tor the a1IOrage unit development a• early as February d 1 a, the first notice d any type that the Trust receNed waa a generic Invitation, dat8d September 18, 1996, sent ID all responding property owners regarding a neighborhood melting on Or*>ber 1, 1988. See Exhibit B atlached. The Trust is deeply conc:emed that the LNw ha not pnMOUaly sought ila lrwolYement or cooperation In the dMlelapment or plal11ing, appbticn and da:u 11~ d thta project, particularly In light d the fact that, pnuant 1D the Brookridge Shopping Cenl8r LNM, all lmpro1191M11ts upon the property r8ll9rt to the Trust upon t8rmination d the Lease. The Trust concurs with the conc:ema railed by adjoining Pftll*lY owners and ODlamed citizens at the neighborhood meeting and Zoning Commission fflNting. The loclllian d a lllnge uni oplllltial, In this neighbolhood would conatilul9 an lnduatrial UN, which is not appn,priatle either for rNidential neighbors or b the lhapping canlllr uaea which the Lene anticipetN. The Trust is also concemed about ia111ecl traffic, noiM, lack d • 1 ltlltica with the aunounding an:hilllcture, and inaufficient landacaping lo blend in wilh the nelghborhaod . Mcno119r, .,_. has been a continuing prablem, einc,e the mlni- atorage industry wa first ataltld In the lata 1870'• d prablema wilh the utilization d llcnge 11'11111 tar IUicit purpoua, auch a for ato,age d IIDlen goods, and • locatiol• b fflllhan,phmrni• and crack cocaine laboraloliN. The Trust la deeply ooncemed about the effect d theN potential adMtiN at the •• not only .. a landowner fadng pallntial premiw liability IMuel, but allo out d cancem for the l'Nidenlll d the adjoining nelghborhaod and .. bulinea OMlaS and altlef 1llnanla wllhin the lhopplng canlllr. The fact that the LN1N lnlenda lo employ a 2"-hour rNident guard lit the facility highllghtll the potential for trouble at this •. I· C ( .1 • C>ctDber 30, 1888 Page3 ·._ . ' ,.. • Flnlly, ._. ,_ bNn an illiar111fre p11a~l1m, pa,llcularly on .. Elllt Coat and W.o.t, dllegal dumping or clllpOllll dlallicWIIII oralw......,. m•r1111e 1n prMIII IICNllge unll. 0... lie dlamlllclalr lncn111d ODIi l9llllCI to lallic WIIII handllng and --· .... dumping ... ~ ....... ~ llll'MINlto legllirrlla WIIII lllpaeal. 1'lwM ,_ allO .... an ill1G1"1111d PN••noe d ag11illldalnwelln•• N1111ng and....-. .. 11a11111..a ...._ awo.111y, 11e TIUltallllbMwfl ... ~CIGIICIIIIICI about .. di 1Jg lllllon a a palllnllal ......... party fDr Gleanup or .,...._ l9lllill8 to llal 111111c WIIII •111, paltlcularty under taderal CERCLA ........ and EPA f'll' Id-. llaa110..-a,oa1--abaut lie pclllnlill lrnpact d euch ....._ on ftllghbodlaod r11ldl1nt1 and .. _......_ Theralare, lie Tl'Ult, • fN almple .. ...._ d .. PftlPeltr 11ldeltwinl ttw PfopoNd claulapment, lll9nucMly app11111 Illa P.U.D. • ....-.IIIIJ ,..,..._ fDr llllrvto ...... lpplopltaapartlclpallanand ......... d .. 11~-....... and beca ... I fl nat In lie Nit "*'-Ill dthe IUfflUlllng OOlllfflUllllr and r11ldl11III. The TRIit U111N lie City Councll to l9ject this pn,paMd P.U.D. R...-:tfully aubmlllN this 3Clh day d °*'*· 1111. .. • • • 0 f 32xl .;-----------~---------~--- • • " AddraeoClalijec:a~ 5102-5198 s. Broadway• 35-145 E. Centennial. Enilewood 0110 Aft• tJ "-= J, Nsbui spr1ag1 ~ 1505 Cottonwood Lane Littleton, co 80121 t:11&11 aie: qp)l 84)-9911 "°""'o...-,Naaa: Brogkridqe shopping center. Inc. A6ilnllr.B4AO E Prentice &venve Ste, JlfO IPR19YAA4, Co 12111 Tdlft: . (303l 8'3-9911 PiapcwlU.oCPropaty: 12 <shopping cepterl and 11lf-atoraqe •a : ,..._.. ............ orJ11DJ1Dt.6il,.....D!;1Tw:: s sL de 11..._,1 •• M1 .. lwill ......... ~-......,. •!,• 11 rhr& • li6 '-'•Dllill • fl C IQD..:llaJ ••flft.•-il•fl-d ,,, ........... ,,, ...... ..__ Wn .. at, ....... &Z,...Cjrll I f ... ..._iliaa&,Oiwll. ...... a.di tr . -.;I ................................ BrookridQe Sho~inQ Center. Inc. A:.:tfmblr ti« 1,,, :till!. lf ............ _ .... ., .. ....., ... .:a•r II --HI .. I a, ..... , eifiii\;•mtir•..,. ..... ~ ........... ., •=•• :r..=• i oww•owaas•dlar~IDlil ..... lllJ .. , & I I .. ,,..,. • ._ • ....-......... a(dijD,;u1la1•rr,,.. __ ...... • •, .. I. 0 1 a2 x l ----------------------i. ' • • • •, •• mt.l&.1"6 : a. L a.tllalftdda Tnlll CIOPlldcla- fflJW.a.tt.A.,- 1H a a. CO NID-4"4 n:s1001......., Lall ..... Latl,llodcJA ~ ....... Dear Prape,ty Oww: • <. ............. c..r ......... , l2111a·,,s Pl .......... VIit l>Mlarn ac(PUD)CsdJ twtlr•,raJelJ'..._•,,. n ,,. • .,1s, c... .......... , tuuuwa1 ............... ...._ A.,,_.laB91b ,, .. ~ '1111...._.UIEIID• CJ WwlS ...... .. ........ Mdlaalll'••••n·1w•....._ ....... las • Toiml-..,-.. .,.,. J suCIUJ,a sWf:;a:etnoCa ·1,1111._ -+a•llld b 'nllldsf, ON.._ I, lfN•7:00JMla•C Ii, INa• .. , .. woodCl&JBII.J4001.llad-.n aCnun.,C la• ltJOU_,,.a,.rcl•1 HI Lc ... sur JI al. .............. . '43-9tll. • . .. I . - BROOKRIDGE SHOPPING CENTER SEC Broadway and Belleview Avenue Englewood , Colorado AlphnWcst Realty and Inve s tment s, Inc. , 1rn1 1 1'1,·1111,·.: .,\,.:nu.:. Su11,· 11 -W I m.!l nq1od C'11h11,.1llo 'tl l 11 (3 03 ) 843-991 1 -----------~-----------~-c.------------~----------------------- •1 • • 0 - I P-12 -Oct 1 7, 1996 · Englewood Herald 1 !~~~rbis~~~-~~~~-~ir;';'!n;Eggr,;c-:-;:.;e-;:::--n~te~r~b»'""Ir;:::;:-;-in-:-::--gE:sf:1,;i~nm;;b~u~siness Herald Staff Writ er ca m . Tiu.• mode rn1 z.a 11on reall y The 1ram.format1on 01 1hc Brookridgc Shopping Ccnier at Broadway and Belleview conltn- ues. Once a rather old-fa .... tuuood re -l tail ou1lc1 doc1cd by ncant stor('- fronls . today's modern Joo~ ha:,, drawn busmcs:,,c:,, h~c a magnet , filling ju:,,t aboul every space . I And busine ss o .... •ncn, arc pleased . "Before the .... or~ :-iartcd . Brook:ndgc had an auno.i.pherc and was somc1tung of a land - I mark:," said Neal Eas 1. o .... •ncr of Colorado Car Book!!., whic h was in the cenlcr dunng the 1993 facclifi . "But the old canopy was so deep ii made it hard for some- one driving by to sec 1f a business hcl1>cd " Bui the rcJuvcna11on l!ln '1 com- plc1 e yet Cent er owner Mike Spnggs ,~ s11 II a1 11. Over the: past three yea~. he has modernized 1hc ccn1cr's ap- pearanc e and added the Black- Eyed Pea restaurant. To accommodate the latest business add111ons . news arc upandmg the ccn1er IO house Zuma · s Fresh Mc1.1 c an G1d \ ,ind Papa J o hn 's P1 u.a But mon-•~ gomg on lhan JU SI pulling up a hullding for the rcstauranis. "Tilc new restaurants are level with Broadway. abou1 11 feel ~low the adJaccnt building to 1hc east. Fa mastic Sam ·s:· Spriggs said . "Zuma's will hue an outdoor dining area and we 'II There's• lerrijie new pi::• pllu:e in town! r----------~----, 1 Buy one pizza, , : get 2nd pizza : : for only 1 : s400• I I L---·~ ~:.of-~I:. i::-..:~ ---.J Hurry. o,r..-...._ sun. ace. zo • .I fJfJef Dine-In Carry• Our 11 -9 11.fO 11 :J0-10 11 :J0-8 2717 w. Belleview Centennial Shopping Ctr.• 34'7·0800 ~--cllanglngllle-ofllle.._,......._.,.C-81-andBroad- way. TIie new buHdlng wlll be home to Z-'a ,_ Mea-. Grill-"-.,_ •• Pizza-u.e ---lhla-. PllotobyTom-. 1crracc the nonh side 10 make 1 smooch transition from 1hc lower level 10 1hc rest of the ccnlcr." Spriggs, owner of AlphaWcs1 Realty and lnve1amcn1 . said lhc new rcilaurants arc scheduled 10 open latCJ this year. '"Zu ma 's and Papa John's arc 1hc late:,,I addi- tions, but there are alv.·ays plans in the works We don ·, talk about lhosc unl il we have a fimi. signed deal ." He has wdcomcd the 1mprovC'- mcn1s to 1hc Broadway/Bcllcv1ew m1cncc:uon "I am glad lhc high - way depanmcnl widened and im - proved lhc mterscc11on . ahhough 11 was murder on business whik lhe: 1n1er!iie(llon was under con- ilruct1on. 1l.c new configuration with lhc: lum lanes helps more can Id 1tu-ough 1ht mtcl")('cl ion mort' "Before the work started, Brookrldge ... was something of a landmark. But the old canopy was so deep It made It hard for someone driving by to see If a business was open or If the space was vacant. The modernization really helped." Neal East. owner of Colorado Car Books SmOOlhly ." Before buying 1he cen1tr, Spriggs fre.quc.nlly drove by ii. He liked 1hc loca1 1on. believ1n1 it to bt one of 1ht Denver area's bcs1 re1ail spou because lh< combined 1raffic on Broadway and Bclle- v,ew sends more 1hln 44,0CX) can • day by BrooLndsc Bui only 1bou1 half of 1hc 25 shops were leased when Spngg:,, bought 1he S3,000-square -foot cen1cr in December 1992 . GOTTAGETAWAYl 2 Days 2 Nights Pan of the problem wa!!. 11 s old -luhioned dcsi&n, which had remained preny much 1hc same since ii was buih in lht 1950s . Spriggs s.ai d . The sprawling. L- shapcd cen1er had a shakc·shmglt' roof. a canopy nlt'ndmg the w.dth of tht sidcwal~ m front of 1he stores and I dar1 <olorcd fa cadt with few 1i1ns. Call Now For Reservations' 1-800-525-7727 719-275-8676 719-U5-8675 HAX) ...... , t-• .. .. " . ~ l • .l J I G,tt C,:11 11,ut,:s Av .. labl,: "Tlle fin:1 llcp •as 10 g1vt Brookrid1e a 1990s I~:· he .. w1 . Spnus won'111y how much money he sptnl 10 ~uce tht d<p<I, ol !he canopy lrorn 13 10 si, feet, to remove half of 1he a,pponins columns IO makt bus1 • ncu fronlS rnc.r v111b&c , 10 con ilnKI I metal roof with a new li&N-<:Oicnd fllCII on !he build- in& front and 10 inaall new IICM lemna cu11omen know about i..s.-_...,.inlh<Cffll<r But he w,ll 1ell )OU tht nc,. loot hu attracted new tenanh, and all bul IWO of lh< iUJm 1n Ul< ~nte.r aft occupted. Be5'dci 1hr 1wo 1ncom1n1 ~11auran1S , Em l~lft '1 Bacell is up and NMIO£ Frank Gru.aano II a. new ten .,. "nee lh< 1993 focelill. "I lhink wha1 Mile (Spfl&&S ) ha -la 1ru1." he said. "l'eo pie c• -ow busineu . Special , Tid.cu. and u 11 rasy 10 grt in and OUI of lht rn1er oft 8 mold way and BeUev1ew " I I I I I I l 1 E ... • ,.. • • .. • •. . . z .. 0 ; • J • 0 ., - PROPOSED BROOK.RIDGE SELF-STORAGE CENTENNIAL A VENlJE ENTRANCE • I [ E [ u I I I I ' . , . •• '. kr .... and A,Ndalel, In(. ,3qo Stuart Str-. Carriq Hou5C! C>envff. COloroldo 80104-120 (3031 446 -2626 FAX f3031 446-0270 October 8, 1996 Mr . Harold Stilt, A.I.C .P . City d Englewood 3400 South Elati SlrNt Englewood, Coknda 80110 RE: Brookridge Shopping C... Self 8larage Dear Mr. Stitt: ........ Mike Spriggs hal ..._ me to~ on lhe pol8Nial lrlllfic impada d hil proposal to construct ......... units(~) et tw an,alaidge Shopping Center in El iglewaad, Colarada. Self-ltorage units lladilialially 1111•• • way lfflllll runber d lripl. In my 911P91ie11ce, this land uee ii ....... lrip ganerator of fir, oornmercielly-*' land use . I have allacllN a lllbla d can.,.-.. trip llll•lllion ,_ for PM Peak Heu for VS1DU1 lel'II UIN. The lrip ge,•atiol, ,_ ... olllall..S flam Im c.-·· D 511 Edition. lnltilla al Tr'IIIIPOftalion Eftginws, ~ ,.,. and JiiJ Gw-+11 f*'*Y ,. Updlle to .. 91\ Edilion, lnlliUt al Tranapoftlllial,Engil-1, ~ 1-. Al,OUCMINfraffl .. llDle, mini .................... lriplllllMlliclrllalWl .. alwrUN. P., ~ foolaga , • 111 mage unit can be.,..... ID 1111•• one llllllh d .. trlffic that a CCll,..,.1111111 allce UN wcud gll--. PINN fNI "-ID call ffll f ,OU ,-. fir, qulltionl. Sincerely, ~~ KalhlNn L Klliglr, P.E. Traneportalian EnginNr .. I· :,·,._ , -.. ' I I • r • • '· ... TRAfflC COUNT COMPARISONS P.M. PEAK BOUR 0.26 tripl/1000 ... fl. 4.93 tripl/1000 ... fl. 2.87 tripl/1000 ... ft. 2.61 tripl/1000 ... ft. 2.62 lripl/1000 ... fl. or 0.14 lripl/employee 36.S3 tripl/1000 ... ft. CENTENNIAL A VENUE TRAFPIC eun-,-Hour Trdic Proa 12,000 ... a. ofOflce 32 lripl Pnlpolld ,-Hour Trdic Proa 32,000 ... A. Mili Sllnll I lripl a.l•Ul•taPme..r1'1'11ak M ..... ... • I I \ • • a: ! w C t-g z ~ w 8 0 ! .., C, C, I z -B,. Ill B,. i 0: :c ; U) ~ w II CJ ! Ct ii: E ~~ o! 0; IC ~ m 1 ' I i .. C i ' rn I I ,~ [ [ [ ~ u u r L~ I --~ I I · ... • • • l , ' ,. ' . ~ . • ) • 0 .. \ IL\\ <H Bl l{I < Ill-:\ 1{01.1 :1 .lll,I< ll'l \C 1,tl'-.'-.< I II'-1\1 \\l',l 9 1!1 - Ill ct,11,,,,, "''" - \\ I "I I()\\ \ l{ll" 111{0 \ ll\\ \, - \"IE\\' OF IH"RT CIIE\'H.OLET l)IR IT 11 Y :\CROSS C E\'TE\'\'l :\l :\ \T'\l T . . ,... • . . • ( . . ·. <. I t: I I I .. I ,J ~ ~ E ( [ I ~ \... I I • I I I I I I I I I I I I I I I I • 1Noo·GQ'OO WJ"" I tQ.44' iz L __ ---1· __... .. _ I • I FOUND 3 1/4" IOO I C.0 .0 . T. A/C I LS 23027 •.,: I .:-.::-" I I I I I I l---r.--- 1 L' t• 9 $ 89 f9'?9" I ~ ;, b .! I , !=> 0 p 11 I 0 0 z I I I~ ~.~~ ... . ::.._ .... ti, f I I I TRAF~I I SIGNAL I POLEl I _ _,__ ~ '-_g8CE • ,_ 1 STORY BRIO< BLOG. ILAO< EYED PEA • 22 SPACES , 2Z SPACES -. \ . \ \ W 2 STORY BRICK Bl.DC ' . .. I· 0 --------~---------------·-·---------------~-------~---- • ~o.:.r" fg'.~9b~~.. . : tORE OR LESS/ I I I . .( ~-(t \\\\0 ) '-- _J (~ C) --;7 / 1 STORY: iBRICK i iBLDG _.., I . , . • BROOKRIOGE HEIGHTS NE 1/4 SEC 15 TSS. R68W, 6TH P .M . ARAPAHO[ COUNTY, ENGLEWOCO COLORADO BROOKRIDGE TOPOGRAPHICAL SURVEY rOUNO 15 R A/C LS 131 '. SOUTHEASTERLY BLOCK 1 BROOKAIDGE t JRO FIUN . ,. ,. • •C • •nn" C- ... • I ,~ [ I I I I I E t - ~ I • • • ... \ ... . . .. • • - TIIE PLAZA AT IIICIILA~DS RA~CH I li ,:.,:hla11ch Ra11l'1 1. l 11lor;1do - SOUTI-IWEST COMl\10NS ~ --- De rn l·r . ( 'olorado .. DELTA PLAZA Be for e - ' c..' I J \fkr .. l\lERll)IAN l'()\VNE CENTRE I .11h111~. \l ir hi~a11 I ,, ,-------------------------.-~-------------------------,.--- • •, • (. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 2, 1996 7 :30P.M. 1. Cell to order . '7 :_.J// ~ 2. Invocation. Wljy,,o 3. Pledge of AHegia~e. ~ 4. Roll Cell. '7 ~ ' 5 . Minutes . Off''l-0•· Minutes from the Regular City Council Meeting of November 18, 1996.t/J'-1f'1'4 6 . 7. 8 . Scheduled Visitors. (Please limit your praentetion to ten minutes.) ff Nf~ ~ 1:;;s~ limit your pr ... ntetion to five minutes.) Communications, Proclamations, ~nts. ~ • Letter from Steve Mui Wf ~ f'/~O Renewal Authority. M-<.U.:U/1,.,,, • 9 . Public Hearing. fflg~ ~~-1$~"'f:1 · a. A public hearing "t!:.ther citiz:::u:::;;Hng the Brookridge Shopping I,, ,1,/~ Center Planned Unit Development. b. i. Mr. Christopher Forrest from the law firm of Hamilton end Feetz will be present to eddress Council regarding the Brookridge Planned Unit Development. A public hearing to gather citizen input regarding the Englewood Meridian PIOMedUnitD""Z'7--0 ~-,J. d,""~,;,,,,11,;,~ '7-o ~ ~-Uk~·~ ... I . 0 '32xl City Council Agenda Decembff 2, 1996 ,.2 10. Consent Agenda. 0 I• • t1.Pf' ?-/J l.ti .. 1.-~lll:,,~~ ~i~ 10 "-'/ 'f-11 /JllL"· i ·--7"""~commendation from~ Department to adopt a bill for an c;or'l't ordinance approving Valley Supplement #20. STAFF SOURCE: Stewert H. Fonda, Director of Utilities. ii. Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #129. STAFF SOURCE: Stewert H. Fonda. Director of Utllltle1. flATI-IA-MJ/d ~e MAJPJeo on s!D 0 ~ fe?PY!J;II( ~~/Jr ~~~M /J'IA~i. Council Bill No. 54, amending R-1-A zoning regulations relative to d _ _.._ care . • /'IAd 'HJ Nd1I1NflW ~ 'Ir"~_ /0 tr ii ii/ I-IV 7r ''""' ~ ~-l'Y. Council BiU ~cf. 70~approving ,n Intergovernmental Agreement with the • v £(¥.'1' (h City of Sheridan for fleet maintenance. iii. iv. Council Bill No. 71, approving an Intergovernmental Agreement with Englewood Schools for fleet maintenance. Council Bill No. 72, authorizing the execution of the undertaking agreement in connection with a refinancing of Littleton/Englewood Wastewater Treatment Plant's loan. 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. i. Recommendation from the City Attorney to adopt a bill for an ordinance /J n '-~ authorizing the sale of five properties on South Sherman Street to the 11n,,.,J 1p'¢f!'i Englewood Housing Authority. STAFF SOURCE: o...i Brotzman, Chy vrr cA-lN'f~: ~v-~ ii. ehl-/J?, 6f,#'7-0 Recommendation from the Utilities Department to adopt a bill for an ordinance approving a restriction on the number of user, per water and sewer sery!~• li!19 .• STAFF SOURCE: Stewart H. Fonda. Dnc:tor of Utllltle,. w '-'fro HATHAWAY MOVED TO AMEND TO A SECTION 20 TO b. ApP!Slve on Second Readina. ;t:::) D£FEA TED 3-4 (AYES : HATHAWAY. VORMITTAO,CLAPP) COUNCIL 8llL NO. 54 THAT WOULD READ: THAT WE WOUU> WAIVE TIIE FEE AND AlJTOMATICAU.. Y ORANT A CONDmONAL USE PERMIT TO AU. HOME DAYCARE PROVIDERS LOCATED IN R-1-A. raOVJDED TIIE FOLLOWING CONDmONS ARE Mt.'T: ntAT ntEY CAN PROVE THAT ntEY ARE LICENSED PRIOR TO JUNE 3, 1996, WHICH WAS TIIE DATE OF ntE ORJOINAL MORATOlllUM, THAT TIIEY HA VE NO CODE ENFORCEMENT VIOLATIONS AT THAT AD1>RESS OF ANY TYPE wmtlN ntE LAST flJU YEAR PRJ0R TO JUNE l"°, AND THAT TIIEY NO OTIIER TYPE Of COMPLAINT OOCUMEN'IW AT TiiAT ADDRESS OR BY TIIE INDIVIDUALS AT THAT ADDU8I BY ntE CITY. P0R EXAMPLE, N>LJCE DESK REl'ORTS A COMPLAINT ff WOULD NOT NECESSARILY BE A CODE ENFORCEMENT ACTION , WITHIN, ALSO TIIE LAST ruLL. YEAR PRIOR TO JUNE l, 1996. APP'D6-I VOllMITTMJ MOVEDTOAPPROVECOUNCILBILLNO. 54. (Ol!J)/AJM/tJ!. ~. '14) (NAY: HATHAWAY) APP'D 5-2 HABENICtrr MOVED TO WAIVE 11tE $75.00 PEE POR OOINO TilltOUOH TIIE CONDITIONAL UU PROCESS FOil TIIOIE THAT ARE EXIITINO. (NAYS : WIOOINS, WAOOONEII) APP'D6-I (NAY : WIOOINS) HATHAWAY MOVED THAT INarnAl>Of IEQUIRINO A IION BE l'OITED, ntAT WE IEQUIRE THE IEIIVINO Of NOTICES TO AU. NEIOHBOU AllOUSD TiiE DAYCARE HOME WITHIN A ONE BLOCK RAl>IUS IN ANY DIRECTION . ... I • 0 • City Council Apnu December 2, 1996 '•3 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. • • a. Cinderella City Redevelopment Status Report. ,. t• ~ ?-{) b. Recommendation to go into Executive Session i~ iRI the "J'r"' re1wler MHlifll to discuss• reel estate matter. ., /c .1 ,~- _... A,~l.t.JJ l!P ii) ~ hll~/"'-"·~•· 'ffl'IJ-O ~ . . ~ 14. City Attorney's Report. ~ ~ U@l)~ -/O:.!/fJHf. APP"D 7.0 WAOOONER MOVED TO CONDEMN TIIE HOME UJMIIU. PROPERTY, WIUCH WOUU> Al.BO BEGIN BY MAKINO AN ACnJAL OFFER OF S31,,000. Adjournment/l):WJ~ ~ The following minutes were trenemitted to City Council between 11 /14/98-11 /27 /98 • Englewood Public Ubr.-y Board fflNting of October 8, 1998 • Englewood Board of Adiustfflent end Appeals meeting of October 9, 1998 • Englewood Planning end Zoning eon.-r ·11 ·1N, meeting of October 22, 1998 '• . , . , L1 '"' . . ' ' , .. • 0 'J2xl I • t 1 . r ' J ~ t l ! " • • • . ' • (, \. CITY OF ENGLEWOOD PUIIUC HEARING ROSTER DECEMBER 2, 1996 AGENDA ITEM NO. 9 a PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT ON THEE Ila• a•r F 1111 , _ CENTER PLANNED UNIT DEVELOPMENT PLEASE PRINT ~ ADDRESS ~~o ~ (Y'A~vJ~ ~L. '1 "-~-{2,,,a._ ,r-- S.;\ C), tto&\ \\...\ C\ ~ '5 ~.,, 5 $Jg , EtaO: S. \ ' CT' \ .. • ----~------~------~---.,----------~--------------; ' J ~ ' I t • • • . . PUBLIC COMMENT ROSTER AGENDA ITEM 7 NDIMICHEDULED VIIIITORS DATE: DECEMBER 2, 1111 NON-SCHEDULED VISITORS MAY SPEAK FOR A IIAJIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF OR IN OPPOSITION TO 6 PUBLIC HEARING, SHOULD SIGN THE APPLICABLE PUBLIC HEARING ROSTER, PLEASE PRINT NAME ADDRESS JOPIC .. • ,-~-------------------· • • • CITY OF ENGLEWOOD DECEMBER 2, 1918 AGENDA ITEM NO. I la PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT ON THE BIILIIWOCI .. £ ..... LANNED UNIT DEVELOPMENT PLEASE PRINT NAME ADDRESS • . • 1----~-----------~ .. ,---~----------- 0 .. • CINDERELLA ,. j • ' \ • • I ;; • 0 - ~ • • • • t• ·, • .. • 0 • '32xl • - ENGLEWOOD CITY COUNCIL ENGLEWOOD, AIIAPABOE COUNTY, COLORADO 1. Cal .. Onler The regular mecung oftbe Englewood City Council -called to anler by Mayor Bmns at 7:40 p.m. 2. .. ...... The iJMICllioa -pen by Council Member Wiggins. 3. Pllllpaf.H ... 1ace The PledF of Allcgiucc -led by Mayor Bmns. 4. RallCall Prmcnt : Alllml: Council Members Halbnay, Clapp, Wiggins. Habenicbt, Vlll1llialg. Wagoaer, Bums Noae Aquorum-pn1e111. A110 pn1e111: City Mlupr Clark City AIIDrlley BnllZman Mlillm to die City MlmF' Grace Dcpay City Clerk Cade 0pcnacm Mlap Kavimty, Public Worb Di111C1Dr Glypewic:z, Ymwill Scrvice1 DilllCIDr Poadl, Udlilill DilllCIDr MllillDwtt.i. &lalewaad Hoaias Alllllarity ~-....._1-. 'er ,....._.s.,.. 5 ....... (a) C'OONCIL IIDOD BA111AWAY 110YU. ANa ff WAS 5IICONNa. TO Al'l'IIOVE TD IIINtTnS Of 1D IIIGUL.Ul llD'l1NG OI' NOVUINa ', 1"'- Ays: Coaacil Mcallen tladlaway, v......_ Wigia, 11111•1 micllll_ w.....,.CJapp,a... Nays: Noa The malioe Cllried. 6. Sdnt 111 VWlen (a) Tllcre -DD ...... vililan. 7 . N• rrt1t I I VWlen 5 A I· -----~----------------.,-------------------------~-~--- • Englewood CityCouncil November 18, 1996 Page 2 0 -l • (a) Richard Dittemore, 2239 East Floyd Place, swcd that he has been a resident of Englewood for thirty-nine years. He said his neighborhood has been good for residential living, a nice place to raise families. He advised that the issue before them tonight is defined both legally and emotionally. Zoning, he opined. cannot be govcmcd by emotion because that is a slippery rock. He felt the purpose for the proposed zoning change is to make it easier for Slaff. He said there have been ordinance violations and fccls the Swe was incorrect in not checking the z.oning at the time of licensing for daycare purposes. Mr. Dittemore stated that they are asking for spot zoning for a group of well- meaning people who did not rcaliz.c they were in this legal spot. Spot zoning is an attempt to give a special right to a group of property owners, he said. and is governed by cmolions. He said there are hundreds of property owners wbo&c rights will be afl'ecud and who are not rcprcscnted here tonight, whose zoning will be degraded by allowing a business CDlelprise in a residential zone . If you have a special exccpced use, then you can have anochcr hearing, but many of us, be said. are too old to cotnc to hearings to defend the integrity of our zoning. Regarding property values, be feels that when people cotnc to buy a home. they check the z.oning and they ask what changes arc taking place in the neighborhood. He said none have taken place. we don't have any transitional zoning and we don't have any other business enterprises there. This. however. gives the right to someone to come in, have a business, have playgrounds in the back. have an RV unload six kids and drop them in the neighborhood. That isn't too bad. he said. because these people arc lovable people. He sucsscd that he is not challenging them, but rather he is challenging what is happening to the underpinnings of z.oning and zoning integrity in this city. He feels it would be homogenizing commcrcial zoning with residential by the application of this ordinance. Mr. Dittemore expressed sympathy for the people involved. many of whom are innocenL Some of them, however. probably bought because they figured they could have a daycare business in a residential zone. Once you stan breaking down the walls of sq,aration of z.one. the whole thing can crumble. The rcsull be fell would be a city that docs not have distinctive residential areas and the composition oC the city and its rcgulalioas can be destroyed. Slaff, he said. while they can be sympadlctic. have a burden oC dealing with and enforcing their ordinance . He recognized that it is hard for Slaff to enforce the ordinances. Slating that these people could be his friends . However. he feels that when they bring a business into his neighborhood. they are invading the neighborhood with something that we dido 't plan on when we bought our homes . This would be a breaking down of the quality of the neighborhood and the property values . He asked Council to think the mancr over and rcmcmbcr those whose property rights are going to be affeaed. (b) Rita Treichel. 4849 South Galapago Strcct. told Council that she docs not have a ~·care in her home and no longer bu a need for a daycaR for her children. She believes. however. that daycare in the home is the besl altcmauve for the womng parait because it allows the child to stay in a close proximity to its home. It gives the child a familiar area to be in and other neighborhood children to be with in a real home setting. She said she realizes some people think the more formal commcrcia1 daycare cenlcr is the besl allCl'llativc for the working parenL Ms. Treichel staled her belief thal prohibiting daycaR in the home will take away the freedom of choice for many parents. which will negatively affect the desirability of living in this community. Some )'Can ago . Ms . Treichel said. she made the choice to stay in Englewood where her daughter was familiar with her in-home daycare family. ncigbbon and classmates. A lalcr move to Aurora was a miscrablc cxpcricnc:c and she moved back to Englewood last year . She said she is saddened at the thought oC the negative impact prohibiting in-home daycare will have on the aunosphcrc of this community. She asked that the freedom of choice between in- home and commcrcia1 daycare be allowed. (c) Cindy Gagnon. 3183 South Race Street. said she has been a licensed daycare provider in the Hampdm Hills community for the last five years . She feels it is imponant to the puenu of her daycare chilclral that she is a licensed daycare provider. versus an unlicensed provider. became lintly. bolh she and her husband were fingerprinted and their backgrounds were checked by the FBI . This :wwcs the parents of a safe environment for their cluldrcn. Secondly . Ms. Gagnon said. she is aumit in 0 I • 0 • Englewood CityCouncil November 18. 1996 Page 3 0 • , . CPR and first-aid so that. in the event of an emergency in her dayc:arc home. she would be able to provide the necessary care until the paramedics get there. Thirdly, she said. her house has been inspected and approved by Social Sclviccs and is a safe environment. The last point, she said, is that there is a limit on the number of children she can care for. Her parents can be guaranta:d that there will not be large numbers of children in her home at any given time. Ms. Gagnon advised Council that they will not be able to remove all daycare from a neighborhood, only licensed daycare. Unlicensed daycare providers will remain. regardless of the zoning because parents need daycare for their children. They may be forced to put their children in an unlicensed facility . Sbe asked Council to consider that daycare is a critical need that is not going to go away. She feels eliminating licensed daycare providers will open the door for unlicensed providers to set the number of children they arc going to watch and bow safe their house is. (d) Connie Levy, 6745 South Clermont Street. told Council that she is a licensed daycare provider in Anpaboe County. She has been in this business for twenty-two years and has been an instructor. assisting caregivers in their licensing process. Ms . Levy shared that there arc very few family units that can still exist on one income. One of the options for the woman in a private home is to choose to provide daycare for children other than her own . She advised that Colorado ranks in the top ten states in the country with regard to on-going training and license requirements. She stressed that she does not wish to have spot zoning, pointing out that there arc lots of other reasons for working out of your home. such as people who wort with computers. people who wort for the City and have computers in their home. people who wort out of their garages. those who sell A,·on and Mary Kay . These people. she said, arc not required to have business licenses because they don't write off a pan of their home as ta."es. Ms. Levy said daycare is a business with a heart and they wouldn't be in business if there wasn 't a need. People need someone to care for their children. licemed or unlicensed. center or borne. it really docsn 't maacr. What the City has to come to terms with is solving the problem, as did Aurora and Sheridan. by allowing daycare in the home with a City business licmle. She requc:sta1 that the City let the providers know what it requires prior to their being licensed by the Stale. Ms. Levy said this information should be n:adily available to anyone who wants it. It sbould be published oa a quanaty basis so that they arcn 't surprised after many yean; in business. She said she really docsn 't have an opinion as to which way the zoning should be. but she wants the information to be out there prior to somebody being licensed. (e) Jackie Howard. 10725 Wesa Ontario Place. Littkloa. poillled out all the people present who suppon in-home daycare and acknowledged that this is an emolionaJ issue. She stated that. as the first gentleman said. this is a slippery rock.. it is our cbildren 's fillwc. She said she wants someone: who will be responsible for that. someone who will take care ol her children. and. unfortuna1ely, not all of us can be home with our children like wc would like to be. We cboolc daycare. she said. that wc feel will be responsible. that will mold our children. and who "-us and our values. Ms. Howard said she has been a letter carrier in this area for over ten years. She said she knows the neighborhoods and she knows there arc insurance businesses run out olthe homes. as well as daycares. Sarah Coveouy, Mary Kay, and a lot of others. She does not feel this kind of thing affects propcny values at all. The rcaltor Oyers she secs when delivering mail suppon that stalCmCRL she said. and asscncd that Englewood homes sell for top pncc. She feels the property values are not '11-hal is at Slake here. but rather. there arc a few people in the neighborhood who don 't want to be bolhercd with a lowly daycare. The reason their neighborhoods arc what they arc is because when their kids were growing up they had laughing children in the neighborhood, they had an opponunity to look at the world through a child's eyes. and they need to look at daycare as our fulUIC . illSICad ol as a lowly business. She said anyone who is opposed to thaL shame on them for letting down our kids. (f) Vera Montez. 292S South Elali StrceL poillled out that she has been in Englewood tJuny-fivc years and has been doing daycare ror cigbla:D years . She rad the following lener from the Governor's office : ··Dear Mayor Bums: I undenland that the Englewood City Council soon will be considering amendment ol the R-1-A zonang l'CSlric:tioas for in-home day care providers. As the I • • Englewood CityCouncil November 18. 19% Page 4 0 • I • Governor's Policy Director for Families and Children. I would like to urge you and the council to repeal the ordinance that makes family child care businesses in c:enain residential areas illegal. As you know, child care is a vital service for Colorado families and an issue that bas been a high priority for GoYcmor Romer. Currently, over sixty percent of mothers with children under the age of six are in the workplace. It is essential that parents have quality child care options so that their children can ra:eive the best care possible when they have to be at work. Family child care is an extremely convenient choice for pan:nts because it provides quality child care in the family's neighborhood. As we move ahead to successfully implement welfare reform. it is critical that the child care sysaem can adequaldy meet the demand for care. Adequate capacity will depend on local communities' abilities to take the lead in creating environments in which child care innovation can flourish. Colondo bas been recogni1.ed for our strong commitment to enhancing the child care system and family child care facilities are an important pan of that enhancement. Again. I urge your to allow Englewood to implement quality family child care facilities in residential areas . The families oC Englewood will bendit from your foresight. Thank you for your most thoughtful consideration of this imponant issue . Sincerdy. Sally Vogler. Policy Diffl:tor for Families and Children." (g) Debbie Smith. 7197 South Fairfax Coun. LinJeton. told Council she uses an in-family daycare at 3126 West Pimlico Drive. She informed Council of the reasons she chose her daycare provider, explaining the lengths she went to in finding the right home in which to place her then four month old son. She told of checking centers with ten babies per caregiver. where none of the babies were picked up in the hour that she was there. She also spoke of checking in-home daycares where there were more children than she. as an educator. could handle. Ms . Smith also checked licensed homes that were unwilling to take her son because he was considered a high maintenance baby who required a great deal of individuali7.ed attention. Her current daycare provider was the first person whom her son would allow to hold him without crying. Ms . Smith described the daycare home as being set up with individual play areas and there are kids of varying ages with which to interact. She explained that she drives twenty minutes to drop her son at daycare. Her son lcM:s to go to this daycare provider and Ms . Smith said she does not want to lose her. She asked Council to please not take away her daycare. (h) Frank Miner. 3121 South Vine Strccc. said he has lived in Englewood since 1954. except for a five year period between 1959 and 1965 . After living in Illinois. he and his family decided they wanted to live in Englewood again. His wife told him that. if he could find a house in their old neighborbood in Englewood. he should go ahead and buy it because she knew they would be happy there. For the last twenty-five years. he said. he bas been a real estale broker and licensed appniscr in the Scale of Colorado and has some idea oC the value oC propeny . He expressed fear that if we permit daycare in the homes in Englewood. it will be opening the door to olher businesses from the home. which will destroy our neighborhoods. It will incrase noise and traffic and bring strangers into the neighborhoods. It puts for-profit businesses in our neighborhoods and opens the door for olhers to come in . Mr. Miner Slated that yesterday morning he had KOA on the l1ldio and be heard them quote a City Slaff member of Englewood as saying that all of Slaff would approve this change in our l.Olling . He feds it is improper for a staff' member to say that publicly and to be allowed to be quoted O\'Cf the radio. Several neigbbon told him they heard the same thine on !devision. He advised that there wu a prublem and dilt1lllion CM:r homes for the elderly and handicapped The fedenl government says wc mlllt permit them in our 7.0ning m Englewood and wc do. he said. The Slate says these homes must be 750 fc:cl apen, although he has two in his neighborhood that are 416 feet apan . Mr. Miner feels Englewood is not going to comply with the Stale regulation. How many daycare centers can wc have. how far apart do they have to be? He asked. also. who will supervise the daycare centers, who will check the binll c:cniflc:ata and wllo Will tell the child he has to leave becaule he is too old. Mr. Miner opined that ii is DOI IIIIU,eablc and tbal the property values will be dcsUoyed in Englewood . He does DOI feel tbal we need at 111ft. alllloup he allowed that we should have daycare in its proper place and the proper type oC stlUCIUl'C and mamrocnc I • -------------------~---.~------u----------------------- • Englewood CityCouocil November 18, 1996 Page5 0 • I• (i) Mary Paxson, 6428 South Sledc Strcct, reitcnlcd a,mments that she made a couple of weeks ago. She said the Governor's office bas rea,gni7.cd that sixty percent of the mothers with children under the age of six have to work today and arc in the wort forte. Her research showed. using the City's demographics, that tbcrc are fifty percent of the homes in Englewood with both people worlcing . You 've got 17,000 children within a three mile radius of this area and seventy-five perccnt of those people arc considered low to moderate income . Again. she said. to put her two children in commcrcial daycare would be Sl.200 a month . Ms. Paxson told Council that she barely brings home $1 ,200 a month. yet her income is DCCCS&Uy to keep her household running. Daycare in Englewood, she said. is an csscotial service. People arc c:onccmed about their property values, but to climinalc daycare from the home is going keep young people from moving into the area becaUlc they CIIIIIOl find home daycare. She feels that will devalue your property bec:ausc tbcrc woo 't be young people to rdiubish the property and to bring DCWDCSS into this City. Thal, she said. should be a conccm to the people as well . (j) Edward George Harrison, 3161 South Race Street. said he, too, lives in Hampden Hills. where millionaires live in an ama a mile south of him. Thn,c miles south, billionaires live. He feels we arc too much conccmcd with the people that have spoken who arc wealthy . He said he grew up as a poor boy. His mochcr wanted him 10 get an education and he now has twenty-two years of education. sixteen years SDldying law. He said he hoooral his mother and his Lord and Savior Jesus Christ . Mr. Harrison cited instances in history when countries fell because the wealthy ruled. He said he feels it is time. with forty-two paramilitary organizations in America. for govcmmcnt to listen to the voices of the poor . He asked that the Council be guided by the hand of Almighty God wbcn they make this decision and be guided by their consciences. (k) Judy Eggleston of Boulder County, President of the Associalioa of Family Child Care, responded to previous questions regarding who would cbeck oa the binh ccnific:ares af the daycare children and tbat type of thing. She advised that daycare providers can be visited at any time by the DqJanment af Health to check all af their iDIIIIIIIUDlion rcconls. Also, without notice. the Department of Social Services may drop in whether they have had a complaint or DOI . They will ask to sec such things as your disasra plan. your signed contracts, and the pbysical ra:onls on all of the children . Annually, she said. when they rmew their licenses, dayc;arcs are required to send documentation of the number, age . etc. of all of the children in their care. Ms . Eggleston ~ Council that then: are a IOI of checks and balances to make sure they an: DOI running OYCr their limiL She asked that they n:a,gnizc the fact that they are uyiog to comply with State law by having licenses and by paying the fees . She said many of them would gladly pay wbalever fees the City would like to impolC. She said tbcrc is a bigger problem to addn:ss in unlicensed child care tbal bas run amok. No oae bas fiqelprillled or checked them in any way . She feels it is appalling that Colorado punmen1 does DOI bother to enforce the law requiring child care facilities to be liccoscd. This makes it very bani. she advited. for those who have licenses to stay in business . She said she would like to --in the City addrcu that and put a stop to unlicensed child care and help the people who are uying to opcr11e leplly. (I) Tanda Galcwood. 1015 WCII Stanford Place. n:minded Counal tbal she IS the 011C who bad her daycare shut down due IO a neighbor dispulc. She said the prablcm was between bcnclf and the neighbor. DOI the children . The neighbor has since sold her home and IDOYCd away . Ms. Galcwood C.'<J)laincd. buL during the two weeks 1h11 she was shut down. she had no income for her cbildren. for whom she is sole provider. Since that time , her IIIDlbcr bas milled her liuacially. she said. She added that i1 is DOI just her. then: an: many Olbers who are uyiog to llllkc mortpte paymcou and mppon their families. but don ·1 do daycare just for the moacy . It takes a lpCICial ~ she feels. to love and care for other people ' I children . (m) Kalhy McBride-Egloff. ~15 Soudl Bannock Strcct, Slaled 1h11 sbe did child care at another addrcu for nine years. After her diwrcc. she had IO lell the bome bul Ille COllliDued IO do child •. "' I • • • • Englewood CityCouncil November 18. 1996 Page 6 0 -:. care rather than go on wclfarc. She said she has been doing child care for thiny years and has been licensed for founccn in Englewood. Ms. McBride-Egloff told Council that she pays her dues and pays high taxes because she is self-employed. She explained that she teaches the children in her care to have respect for the rights of people around them, to be quiet as they play in the yard, they take walks and smell the nowcrs but do not pick them. Daycare people have to keep lhcir homes cleaner than most people, inside and oul She feels child care is a very imponant thing and that they arc mothers who arc bringing up the future generation of America. (n) Joan Smallwood. 4737 South Fox Street. addressed some of the a>mmcnts that were made earlier by some of the opposing genllcmco. She said that bolh of these gentlemen have had a licensed daycare within three blocks of their homes for the last five years. Since, in an R-1-A aRa you arc imposed upon to be a watchdog and a tanlctalc of your neighbors, she asked why they haven't reported them. Obviously, she said. their property values have not bcco afl'ected. nor has the abDOSphcrc of their pristine neighborhoods. She asked if the rcaltor has an office in his home, because if he docs, be had bcucr close ii down. TIie same goes for the attorney, she advised. Residents of Englewood arc reliant upon licensed daycare because we don't have a Kindcrcarc or a Children's World for the parents to choose from . Thcy really must choose from home based care. she said. Currently, there arc only about seventeen openings in the various child care facilities in Englewood. she advised. and. roughly, the closure or disruption of the current licensed daycares would roust about a hundred plus children. She asked Council to keep that under a>nsidcration. (o) Jackie Watkins. 3126 West Pimlico Drive, said she is the daycare provider for one of the mothers who spoke earlier. She remarked that this is very imponant to the licensed daycare providers. To become licensed. they had to answer many questions about the suitability of lhcir houses. and put money out to take classes. Two years ago, when she was looking for daycare for her two children. Ms . Watkins found that about seventy-five percent of commercial daycares will not take a child under the age of two and a half. Most daycares require the child to also be potty trained or they have to be one and walking. In-home daycare providers take them al six weeks on up until they arc lady 10 scan preschool. She asked Council to take this into aJDSidcralion. She cited the cil'CUlll5lallCC5 of her brother-in-law and bis wife who arc due to have a child in April, who have checked into daycare in the Englewood aRa. They will have to be on a six month waiting list. In a>mmcrcial daycares. the teacher to child ratio is one 10 twenty or twenty-live. Licensed. in home daycare providers adhere to the ratio allowed by the liccose. (p) Nick Neely, 7958 South Datura Street, Littleton. said be has two sons who have gone 10 daycare in Englewood. He thinks Eoglcwood should want to anract some kind of a youth movement imo this area . He has IIOlKled the dccliDe of the downtown area. spx:ifically Cinderdla City. With the large number of older people in Englewood. lie feels lhcrc is no oac here to support the iofrastructurc of this city. If you arc oot pro-youth. pro-young families. obviously they arc not going 10 come into this community to suppon the on-going economic dcvclopmcot here. he said. (q) Cher Melichar. 12006 Blacktail Mountain. Liltlcton. told Council 1h31 her grandchildren go to a daycare provider in Englewood. She told of the difficulties they had in finding someone to lake care of her granddauglller. who was another one of tbosc high mainlenancc babies. If you can find someone that you UUSl enough to care for your child. she said, and that can give the child the love that you 're not able 10 give while at worli.. it should not be taken away from them. Ms. Melichar said her grandchildml love going to lhcir ~ provider, she worts with them and helps them learn letters. She stressed tbc difficulty in finding good ~ for infants. or high maintenance children . (r) Dawn Rbods. a bolrd member f<>r the Arapahoe County Family Child Care Association. told the Council that she has bcco worting on the Governor's commincc lhal has been setting up standards for early child care cdutalion . Whether people arc in cemcn or homes. tbc buic skills arc Slill I • 0 • Englewood CityCouncil November 18, 1996 Page 7 • • all the same, she said. of what would be required to give a child the best quality of care. Most providers arc gating more hours of training than they are required to by the Department of Human Services . She asserted that they rcaUy care aboul wbal they are doing and want to offer the best care that they can. She said what is happening here aJUld blppen anywbcn: and it is not fair to any of these parents. 8. (a) A resolution appointing Micbad Heberling • youth liaison to the Public Library Board was considered. RESOLUTION NO. 92, SERIES OF 1996 A RESOLUTION APPOINTING MICHAEL HEBERLING AS YOU11{ LIAISON TO nm PUBLIC LIBRARY FOR nm CTIY OF ENGLEWOOD, COLORADO. COUNCil. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (a) -RESOLU110N NO. '2, SElllES or 1"6. Ayes: Council Members Halbaway, Vormiaag, Wiggins, Habenicht, Waggoner. Clapp, Bums Nays: None The motion carried. Mayor Bums thanked Mr. Heberling for wlwueaing to serve on the Public Library Board and presented him with a oertificalc and a City pin. No public bearing WU scheduled br:filre Council . 10. C-cAa-la (a) Approve on Fira Reading Then: were no items for appn,Yal on lint radins. (b) Approve on Second Reading COUNCil. Ml:MalR HATHAWAY MOVED, AND IT WAS SICONDID, TO APl'aOVE AGINDA ITIMS 18 (It) (I) 1111lOUGB (Y) ON SICOND HADING. (i) ORDINANCE NO. SS , SERIES OF 1996 (COUNCll.. Bll.1. NO . 61 , INTilODUCED BY COUNCll.. MEMBER HA11fA WAY) AN ORDINANCE EXTENDING nm TEMPORARY SUSPENSION OR MORATORIUM ON CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN ADDmONAL PERIOD OF FOUR MONTHS . (ii) ORDINANCE NO . S6, SERIES OF 1996 (COUNCll.. Bll.1. NO . 66, INTilODUCED BY COUNCll.. MEMBER HA11fAWA Y) ' ·- I· • 0 • Englewood CityCouncil November 18. 1996 Pages AN ORDINANCE REPEALING TITI..E S, CHAPTER 12, SECilON IA, OF 1HE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUCilONEER LICENSES AND ENACTING A NEW CHAPTER 18, AUCilONEER AND WHICH REMOVES AUCilONEER FROM ORDINANCE NO . 25 , SERIES OF 1996 WHICH PERTAINS TO 1HE MORATORIUM OF LICENSES IN 1HE CITY OF ENGLEWOOD, COLORADO. (iii) ORDINANCE NO . 57, SERIES OF 1996 (COUNCll. Blll.. NO. 67, INTRODUCED BY COUNCll. MEMBER HA 1HA WAY) AN ORDINANCE REPEALING TITI..E 5, CHAPTER 12. SECilON IA, OF 1HE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO CHRISTMAS TREE DEALERS LICENSES AND ENACTING A NEW CHAPTER 12. CHRIS1MAS TREE DEALERS . (iv) ORDINANCE NO . 58, SERIES OF 1996 (COUNCll. Blll.. NO . 68, INTRODUCED BY COUNCn. MEMBER HA 1HA WAY) AN ORDINANCE REPEALING TITI..E 5, CHAPTER 12. SECilON 18, OF 1HE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POLICE AND DETECTIVE SERVICES (PRJVATE FIRMS) LICENSES AND ENACTING A NEW CHAYreR 22, EN111l.ED POLICE AND DETECTIVE SERVICES (PRIVATE FIRMS) AND WHICH REMOVES POLICE AND DETECTIVE SERVICES (PRIVATE FIRMS) FROM ORDINANCE NO. 25, SERIES OF 1996 WHICH PERTAINS TO 1HE MORATORIUM OF LICENSES IN 1HE CITY OF ENGLEWOOD. COLORADO . (v) ORDINANCE NO . 59 , SRIES OF 1996 (COUNCll. Blll.. NO. 69, INTRODUCED BY COUNCll. MEMBER HAlHA WAY) AN ORDINANCE REPEALING TITI..E 5, CHAPTER 12. SEcnON 3, OF 1HE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO GOING OUT OF BUSINESS AND DAMAGED GOODS SALES AND RE-ENACTING A NEW CHAPTER 17. Ayes : Nays : The motion carried. Council Members Hathaway, Vonninag, Wiggins. Habenichl. Waggoner, Clapp. Bums None 11 . Ordiawa, Rmlutioal Md M.._. (a) Approw: on Finl Reading (i) Operaliom Maaa,er Kavina;y praealed a mcommcnde«ion from die Department of Public Worts 10 adopt I bill for Ill onlilllnce ippl'IMIII U ~... IM with Englewood Public Schools for Beel mai-.nce. He ad¥i.s CouaciJ dial die lllliciplled ,- from this in 1997 is $5,000. He said die City Im performed tliis scrvic:c for die previous four yean 111d is cuncntly under such 111 ...--wilh die ICbools. Council Member Wqpncr aslr.ed die previous hourty rare. Mr. Kavilllky ~ tllal it -SJ'-00 an hour and 1111beenrailed10$36.00111 hour. Council Member Vormiala lllred if they bad uy ~ with lhll. 10 wllidl Mr. Kavina;y rapoadDd dial tlley 111d ----· The Clerk rad Couacil Bill No. 71 by title : • I . 0 • Englewood CityCouncil November 18, 1996 Page9 0 -t• COUNCIL Bll.J. NO . 71 , INTRODUCED BY COUNCIL MEMBER HAlHA WAY A Bll.J. FOR AN ORDINANCE APPROVING 11IE RENEWAL OF AN INTER.GOVERNMENT AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY 11fE CITY OF ENGLEWOOD Wil.J. PROVIDE 11fE ENGLEWOOD PUBLIC SCHOOLS WTm VEIDCLE MAINTENANCE . COUNCU. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCU. BILL NO. 71. Ayes : Nays: The motion c:arricd. Council Members Hadlaway, Vormitlag, Wiggins, Habenicht. Waggoner. Clapp, Burns None (ii) Operations Manager Kavinsky prca:aled a ra:ommcndalion from the Dcpanmcnt of Public Wortts to adopt a bill for ID ordinance approving ID inlergoYemmenla agRCDICDl with the City of Sheridan for t1ect maintenance. He advised Council that this is exactly the same thing, that we have bad ID agm:mcnt for the past fOIU years. This will also be at a'* ofS36.00 ID hour, with an anticipated revenue ofS2S.OOO . The Cleric read Council Bill No. 70 by title: COUNCIL Bll.J. NO . 70 , INTRODUCED BY COUNCIL MEMBER HAlHA WAY A Bll.J. FOR AN ORDINANCE APPROVING 11fE RENEW AL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND 11IE CITY OF SHERIDAN. COLORADO WHEREBY ENGLEWOOD Wil.J. PROVIDE 11IE CITY OF SHERIDAN Wl11f VEJDCLE MAIN1cNANCE . COUNCU. MDDER BA TRAW A Y MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI 11 (a) (ii) -COUNCIL BILL NO. 71. Ayes: Council Members Hadaaway. Vormittag. Wiggins, Habcnicbt. Waggoner.Clapp.Burns Nays: None The mocioa carried. (iii) Director Gryglcwicz praented a recommcndlaioa from the Dcpartmcnt of Financial Scrvia:s to adopt a raollllioa elllbl.ilhin& licelllin& fla for Going Out of Busi-and Damqcd Goods Sales . The fees. be said. have 11111 chanpd from prior years, the oaly thing that is changing is that there is a --rdimdablc fee ofSI0.00 for the lic::ellle applicatioll. He told Council tbcy would ICC that OIi all t1IClc resolutions. The rcsollllioa -assigned a IIWllbcr and read by title: RESOLUTION NO. 93. SERIES OF 1996 A RESOLUTION EST ABUSHING FEES FOil GOING OUT Of BUSINESS AND DAMAGED GOODS LICENSES UNDER Tll1.E 5, °"'1El 17, Of 11IE ENGLEWOOD MUNICIPAL CODE 1915 . I • Englewood CityCouncil November 18, 1996 Page 10 • • COUNCll.. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (W) -RESOLU'l10N NO. 93, SERIES OF 1996. Ayes: Council Manbers Haabnay, Vormittag, Wiggins. Habenicbt. Waggoner, Clapp, Bums Nays: None The motion carried. (iv) Dinaor Gtyglcwicz paeDled a rocommaidarion from tbc Deputmem m Financial Services 10 adopt a raollllion establishing licenling fees for Auctioneers. He advised that this resolution is due to cbanses in tbc new cbapler that -allllpled under tbc <Xlllll:nl qmda this ew:ning. The resolution was assigned a number and read by litlc : RESOLUTION NO . 94, SERIES OF 1996 A RESOLUTION EST ABUSHING FEES FOR AUCilONEER LICENSES UNDER TI1l.E 5, CHAPTER 18, OF 1lfE ENGLEWOOD MUNICIPAL CODE 1985 . COUNCll.. MDOIER HATHAWAY MOVIED, AND ff WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (IY) -RESOLU'l10N NO. "• SIElllES OF 1996. Ayes : Council Manbers Haabnay, Vormittag, Wiggins. Habenicht, Waggoner. Clapp, Bums Nays : None The motion carried. (v) Dinaor Gryglcwicz praeaaed a recommendation from tbc Deaprtment of Financial Services 10 adopt a resolution establishing licenling fees for Christmas Tree Dealers. He advised that this relOlulions ICII tbc licmle ud applicalion fees and sets tbc cleanup deposit for Christmas Tree Dealers in tbc City a Englewood. The raolulion -assigned • number and read by litlc: RESOLUTION NO. 95, SERIES OF 1996 A RESOLUTION ESTABLISHING FEES FOR <llRIS1MAS nEE DEALERS LICENSES UNDER TI1l.E 5, CHAPTER 12, OF 1lfE ENGLEWOOD MUNICIPAL CODE 1985 . COUNCU. MDDIER HATHAWAY MOVIED, AND IT WAS SIECONDED, TO APPaOVE AGIENDA ITEM 11 (a) (Y) -RIESOLU110N NO. 95. SIEallES Of 1"6. Ayes : Council Manbers Haabnay, Vormittag, Wiggim. Habenicbt. Waggoner, Clapp, Bums Nays : None The motion carried. (vi) Dinaor Gryglcwicz paeDled a nmmmeodation from tbc Deputment « Financial Servica 10 adopt I relOlulion emblishi. lees b Police ud Deta:tiw: Services from privalc firms. He told Council that this allo Ids tbc applic:llion fac nicb ii S 110.00 . Tbil is --rdlmdablc:. be said. since we are COYCriq our CDIII for tbc required bacqroad cbeck. ... I. 0 • • - Englewood CityCouncil November 18, 1996 Page 11 RESOLIITION NO . 96, SERIES OF 1996 ,. A RESOLIITION ESTABLISHING FEES FOR POLICE AND DE'IECTIVE SERVICES (PRIVATE FIRMS) LICENSES UNDER TITLE 5, CHAPTER 22, OF TI-IE ENGLEWOOD MUNICIPAL CODE 1985. COUNCU. MEMBER HATHAWAY MOVED, AND rr WAS S&CONDED, TO APPROVE AGENDA ITEM II (a) (Yi) -RESOLUTION NO. ", SElllD or 1"6. Ayes: Council Members Hadlaway, Vmmiaag, Wiggins, Habellicbt, Wagoaer, Clapp. em. Nays: Noac The motion carried. (vii) Direclor Glygle,lricz pa--.1 a RCQfflawudari9n from the Dcpannall of Financial Services 10 adopt a bill for m onlimncc llldloriziDg the execution of the lllldcl1*ing agreement in anmcttion with the rdinancing of a~ WUICWaler Treatment Plant loan. Mr. Gryglcwicz explained that the Colorado W~ ~ and Power Devc1opmcnl Aulbority is rdillldillg some oftbc ddJt that the City lllCd 10 filDd iiilpiw to the Waler Treatment Plant. Due 10 cmDF1 in SEC rqu1ations. be said. --u,ie to Cllla' ilm • uadertaking agrccmcnt. The agreement is dial the City will provide c:cnaiD financial ~ oa an oa-going basis that is now RqUiml by the SEC. Rcspooding 10 Mayor Burm. Mr. Grypcwicz explaiaal dial tbc Colorado Waler Rellourca and Power Dcvdopment Alllbority is a SIIIC body . Wm dley .. a pool of funds. be advised, they allow 1.wwaer and utilities 10 borrow thole fuads • 1-... ..tct IWI to dc\doi) utilities. Council Member Hatlla1Way asbd if this 'Will ia aay wa, a&i:l _. airrenl bonds or our aamm klu lrilb them. She asbd if-'Will ialm 18)' --... _,,.._die ._ pnx:eeds. Mr. Gr,skwicz responded tba1 -sbould -• IIMIIP ia _. _.. ana ........ dlil. TIiey 'Will ~ Ille baa111 • a lower !'lie. be explained 1Which 'Will flow llac* ID die Oly. • 11111 'Will be a bcamt. Mayor Bums asbd if the Audlorily -Claled ID lie a CIIMllit. • a 6-:illc ~ .,.-IO die availability of Federal fulldl. Mr.~ cmlraall .. W.. ........ --, allO loak • them in coonectiOD lrilb Ille waer ia.p:u. a ia die lllme ifdle _. _ availllllc. ...,_ a.. asked iftbal is for rdiveciag, to flic:11 Mr. C.,pwicz..,..... .._ it llluald be -.-y. Council Member Habeniclll asbd for~ a ID .... dlil is for I.WMla' ~ .. Ille ....acr plant. ud l.bcdlcr this bll to be ...-ed by LildclDa a l.dl. Mr. Grypewicz ~ 11111 dlil is for.......,, and dill Lialeloa is clDills dleir '1.....,.. He aid~ an: a.....-of Ilda entities involved ia lhil and they an: cloiq dlcir OMI Oidiw or raolulioal. The Clerk -asbd 10 rad tbc aJIIIICil bill by lidc: COUNCll. Bll.L NO . 72. INTRODUCED BY COUNCll. MEMBER HATIIA WAY A Bll.L FOR AN ORDINANCE AlmtOIUZING AN INl"ERGOVERNMENT AL AGREEMENT BETWEEN TI-IE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AU11IORJTY AND 11fE CllY OF ENGLEWOOD . COLORADO ENITI1.ED "OBLIGATED PERSON'S UNDERT AKJNG 10 PROVIDE COllmNUING Dlsa.osuRE." COUNCU. MEDER BATRA WAY MOVED, AND rr WAS SIECONDED, TO APPROVE AGENDA ITEM 11 (a) (ri) -COUNCU.. aD.L NO. 72. ... -- • Englewood CityCouncil November 18, 1996 Page 12 Ayes : Nays : The motion carried. • - Council Members Hathaway, Vonnittag, Wiggins, Habenicht, Waggoner, Clapp, Bums None (viii) Direclor Fonda presented a recommendation from the LittJctoa/Englcwood WasleWlller Treauncnt Plallt Supervisory Committec to ~ by motion, a aJIISlJUction maaagrmcnt contract with BRJWD and Caldwell for tbc Plant's Pbue 18 COlllb1lction. Mr. Fonda aid tbc recommended amount for tbc Cllllb'act is Sl,835,416 and that tbc aJlllbUClion sbould start early next year, ia January . He added dial bids are cunmtJy being taken. Council Member Wigim a,mmenecd that tbc people in tbc audience sbould be aware that tbc rebmdum OD NcM:mba'' S ballot repnliag balm to finance tbc building of this waler plant CIIIIC about bec:aUle 1IIC were trying to oblain balm• a bllCr amount tba would recile tbc bonds a year earlier than they would have been ordinarily. This woulcl have saved our taxpayers from $700,000 to a million dollars. We arc required. be said. by federal madlle to n=do our waler ttatment plant to bring it up to standards. As. a result of tbc VOie. be llaled, we taxpayers in tbc City of EnglcMJod arc going to take on paying taxes for a year loop. He said be just wallled them to be aware of that. Council Member Wagoner 8lked for clarificalion that this motion is for tbc wastewater treatment plant, DOl tbc wata' plant Mr. Fonda said this is for tbc ~ trcatmcnt plant. Council Member Habcnicbt said she can't let this oae go without uking tbc odor question. She asked if this will pretty much fix our problem with odor at tbc plant Mr. Fonda responded that tbcrc arc some odor impnwemcnts included in this wort . COUNCll. MEMaltR WAGGONER MOVED, AND IT WAS Sll:CONDll:D, TO AUTBOIUZI: TIR CITY MANAGER TO SIGN TIR PROn:5SIONAL SltllVICES AGDltMll:NT WITB aROWN AND CALDWELL IN TIR AMOUNT 01' Sl,IJS.416 TO PROVIDE CONSffUCl10N MANAGDRNT AND 11:NGINltltRING Sll:RVICES JOR PHASE ta 01' TIR WAS'nWATltll TU.ATMENT PLANT IMPROVEMENTS. Mayor Burm 8lked for clarific:alioa tba this COil will be split fifty fifty and tba this is DOt just our put. Mr. Fonda mlCd that this is tbc tolal to be split. Englewood. be said. adminiPm tbc COIIIUICU. Ayes : Nays : The motion carried. Council Members Halhaway, Vonnittag, Wiggins. Habenicht, Wagoner, Clapp, Bums Nooe (ix) ExecutiYc Direclor Mali-*i pracnted a ..-mcndalioa for the Englewood Housing Authority to lpplV\'C. by motion, IUdloriDlion for tbc ale of Sherman Street properties to the Englewood Housing Authority . Mayor Bums staled tbal. sinDc be is tbc Cbainau of tbc Enpcwood Housing Authority board of commissiooen. be will abllaiJa from dilcuslion OIi this issue. Mr. Mali-*i l&aled tbal. about a year qo, -CXDCUled • option Clllllb'lcl for tbc propeny in tbc 3400 block of South Sherman Street. We extended tba via Coaacil 8Clioll about lix IIICllllbl qo, be said, 811d that CXleDlion is about to expire. The Housing Authority woulcl like 10 purcllae tbc Cllllb'act CIUlripl. be stated, or enter into a purcbale conttact for tbc eatiJe prapeny . We baYe a,me c:IClle 10 filllljzjq our I . 0 • Englewood CityCouncil Novcmbcr 18, 1996 Page 13 • • plans for the property and will be submitting that in the near futun: to City Council . He said Council Member Hathaway has seen some of the preliminary drawings and advised that they have met with the neigbborbood residents on two sc:parale occasions to get their input. They then went back to the neighbors to show them what was clevdoped. It is ten units, be explained, for Ille to people of mixed income. It will be veiy attractive, he added. COUNCIL MDDER HATHAWAY MOVED. AND IT WAS SECONDED, TO APPROVE THE SAU 01' THE SOUTH SHERMAN S'l'lll:ET PllOnltTll:S TO TBE ENGLEWOOD HOUSING AUTHORITY IN THE AMOUNT or S112,511. Ayes: Council Mcmben Hadllwly, V«miaag. Wiggins. Habcaicbt, Wagoaer,Oapp Nays : None Abstain: Mlyol'Burm The motion carried. (b) Approve on Sa;,ood Reading (i) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (0 ON SECOND READING. ORDINANCE NO. 60, SERIES OF 1996 (COUNCll. Bll.l.. NO . 63 , INTRODUCED BY COUNCil. MEMBER HA-raAWAY) AN ORDINANCE ADOPTING 1llE BUDGET OF 1llE CITY OF ENGLEWOOD, COLORADO FOR TIIE FISCAL YEAR 1997 . Vote-'b: Ayes : Nays: The molioa carried. Council Mcmben Hadllwly, Vonniaag, Wigins. Habeaicbt, Wagoner. Oapp, Burm NoM (ii) COUNCIL MDl8D HA111AWAY MOVED. AND IT WAS SECONDED, TO AlftlOVI AGENDA ITEM 11 (II) (Ii) ON SECOND IIL\DING. ORDINANCE NO . 61 , SERIES OF 1996 (COUNCll. Bll.l.. NO . 64 . INTRODUCED BY COUNCll. MEMBER HATHAWAY) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN 1llE CITY OF ENGLEWOOD. COLORADO. IN 1llE FISCAL YEAR BEGINNING JANUARY I. 1997, AND ENDING DECEMBER 31. 1997. CONS11TIJTING WHAT IS TERMED 1llE ANNUAL APPROPRIATION Blll. FOR 1llE FISCAL YEAR 1997 . Vote-"': Ayes : Nays : The IIIOlion carried. Council Members Hadllwly. Vonniaag. WigiJIL Habeaicbt, Wqgoacr, Clapp. Burm None I· • Englewood CityCouncil November 18, 1996 Page 14 0 • I • (iii) Council Member Clapp stab:d for the record that, although she has no problems supponing the mill levy for the oommunity c:enter, at this time she still has some unanswered questions and some ooncems about EDDA, therefore she will be voting no . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITl!M 11 (b) (W) ON SECOND HADING. ORDINANCE NO 62, SERIES OF 1996 (COUNCll. BD.L NO 62, INlltODUCED BY COUNCll. MEMBER HA1HA WAY) AN ORDINANCE FIXING 1HE TAX LEVY IN MllJ..S UPON EAOI DOLLAR OF 1HE ASSESSED VALUATION OF AU. TAXABLE PROPERTY Wl'J1IIN 1HE CTIY OF ENGLEWOOD , COLORADO. AND EST ABL1SHINO A MILL LEVY FOR 1HE ENGLEWOOD DOWNTOWN DEVELOPMEJlrl' AuraoRlTY. Ayes : Nays : The motion carried. Council Members Hathaway, Vorminag, Wiggins, Habenicht, Waggoner, Burns Council Member Clapp (iv) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITl!M 11 (b) (IY) ON SECOND READING. Council Member Habenicht cxprased concem cwei-the section relative to puking lot orientation. She acknowledged tbal we are patterning this primarily after the Fort Collins ordinance. She said she believes tbal what we are doing is making this a little more libcnl than it should be . COUNCil. MEMBER HABENICHT MOVED TO AMEND SEC110N D (2), PARKING LOT OIUENTAnGN, aY CHANGING TIIE STANDAU READ NO MOU TIIAN SO Pl!RCl!NT, RATHER TIIAN SEVENTY PERCENT, or on STUl!T PAltKING AHA ,OR TID ENTIRE PROPERTY SHAU H LOCATED al'IWUN TIO raoNT rACADI or TID PRINCIPLI aUJLDINGS AND TBE PmMAIIY AalJTl'INC STUrr. The IDOlioa died for lack m I second. Mayor Bums med Maaqcr mNeigllborllood ud ~ Dcw1opment Suni-i to explain why dial change -made from fifty to IC\'Cllly perca1. Mr . Suni-i rapoadal tbal i1 -• Pluning ud Zoning Commission n:c:ommencla!ion lllal. P\'CII w11a1 they felt to be the prefcrmces m this COIIIIIIUDity, it may be more in line with the market ud market dmen COlllidcraioas . Council Member Habenicht said she feds llnlllgly about this ud wiU vote no . Vote raalta • ori&i•al aetkla: Ayes : Council Mcmbcn Hathaway, Vorminag, Wiggins. Waggoner, Clapp, Burm Nays : Council Member Habcaicbt The motion carried. •. I· • 0 ---~------------------------------------,r-------------=------------~ ... • Englewood CityCouncil November 18, 1996 Page IS 0 - (v) Mayor Bums 5lalcd that we have bad a lot of letters and calls from people saying that they understand that we are proposing to eliminale daycare from R-1-A area. Actually, he said, daycare is not legal there now , the change that is proposed is to allow it. COUNCll. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (v) ON SECOND READING. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND THE BD..L BY REMOVING ANY LANGUAGE IN TIU BD.L THAT llERIIS TO TIU R-1-A SINGLE JAMIL Y llESmENT DIS'ImCT. Council Member Habeaicbt 5lalcd sbe bas a problem with dull. Sbe said sbe tmws we need to be lislaling to the a,acans of both sides and that we have ID obliplioa to do that. We have been 1alkiog about and working through this issue for well O\'ef a )Ur -and it finl came to our allcDlion through home occupations and through a number of questions from residents. Sbe n:called that we sent this back to staff when we were discussing just not talking about home occupalions for a while because we !bought there was a special case because of daycare. We asked that swr a,me back wilh a solution that would be palalable, sbe said. bolh to the zoning concerns of !he people who live in the R-1-A distriCl and also to the concerns of the daycares that were operating there without any concern to those neighbors. This is not just a daycare issue. she opined, or just a quality of life issue. Whal ii bas to do wilh is a society in transition. We have to deal with it in a way that is fair. thougbdid and coasiderale of a lot of people's feelings. She said she truly believes that coming back with the conditional IIIC was a good solution and sbe supports that. She allowed, at the same time, that she undenlands there an: people on both sides that have fear of the conditional use . The people who have property, sbe believes, an: not so amcemed wilh the property values as they are wilh the quality of life they an: llying to enjoy within their homes. Ms . Habenicht n:called a call that she bad from a tacber in Englewood who lives in Highlands Ranch. They don't permit this kind of daycare home in Highlands Ranch, but sbe wanted us to do this here in Englewood. Sbe surmi5ed that Englewood isn't the only an:a tbat prohibits this kind of thing. Not wanting to put us in the wrong light. sbe swed, the thing is tbat this is the way that it bas been for years and people an: afraid that their neighborboods an: piing to c:llu,e by making this more permissible. At the same time, people who have daycare homes. and have dleir cbildreD in daycare homes where nobody even kmws the difference. feel that we an: llying to tallc this away from them. Sbe recopized that there are really strong feelings and a,acans on both sides and dial -need to be sensitive to both sides . Ms. Habenicht asserted that sbe believes staff came up with a ,oc WWMMion dlM is emitive to both sides. by making this a conditional use in R-1-A . She feels die people who an: really fearful about this an: the people who have daycare homes and all of sudden they an: piing to have to ID through the procea and put up lhese signs. For that reason, she sugated ID am•nd-,IC thM ~ pudfalher in for hW> years all of the exisling licensed daycare in R·l-A. She said sbe isjull puaiDg this out for clilCUllioa.. to graodfalher them in for two years until they have to gel !he aJDclitiooal zoning. Thal gives them the time to gel hisao,y. Council Member Hathaway reminded Council that we need to vote on !he amendment that is already on the Ooor . Council Member Waggoner stated that he bas receiwd a lot ofleaas from people who an: a>ocerDCd about doing away wilh daycare in !he residential an:as . We an: not doing away with daycare in all the residential an:as . Some of it is not allowed already. he said. but Englewood slill bas R-1-B single family residential clistriCls. R-1-C single family residential dislricu. We have the R-2. the R-3 and the R-2-C and the R-3-C, the R·J and the R-4 resideatia1 districts. So it is only the R-1-A wlr.re I'm propoliog that we remove !he family day?JC in !he home. he said. The raa oflbem uy exactly u they an:. Also, for the ..... I . 0 'a2xl -----------------~-------.. ,---~------------------------------ • Englewood CityCouncil NoYcmbcr 18. 1996 Page 16 0 • record, be advised that we bad petitions submitted IOlligbt with thiny-aine sipabln:s asking that we do cxaaly what be is proposing. Council Member Wiggins 5Wtd that eighty-three pen:eat ix the leaas and calls are coming from people outside of the City of Englewood. Founeen pen:eat mtbole people that are bringing their children into the city to daycare facilities are acblally working ill the city. That means the others are axaing in, droppillg their children, and tbm going out ix Englewood, they are not working in Englewood. They come from IIDiDcorporal.C Arlpaboe County, ~ County and Highlands Ranch, so most mtbcm are not within the city. Council Member Vormitag poiDled out the R·I-A areas on the 1UJC map in Council Chambers. Mayor Bwns advised that be brougbt this mMa • • the Metro Mayors' Caucus meding Oil Friday. There are twenty-eight mayors in the CIIICIII and a lot ix them were ~-Every city be talked to allows daycare home occupations in most residential disttids and most of them in all residential districts. He said his list includes Littleton. Sheridan. Cherry Hills, which does have daycare specifically but allows home occupations in all residential districts. Denver and Thornton. He feels we have about nineteen daycare centers in R-1-A now , which illustrates that. indi:ed, sixty to seventy percent of mothers are now working. Forty years ago it was probably less tball ten percent, so the world bas changed a lot. Prices of homes and housing in Englewood have gone up maarkably in the last few years and be does not feel tbcre is any way to show any reduction because of anything like daycare. He said be will oppose the amendment that Council Member Waggoner propolCld. Vote remltl oa die aaead-i: Ayes : Council Memben Wiggins, Waggoner Nays : Council Memben Haduiway. Vormittag. Habenicbt, Clapp, Bums The motion failed. Council Member Hathaway said that if Council Member Habenicht would indulge her for a moment. she would like to pn!pOIC a aJUDtCr ..., n i9mcl'l She aid she would like to pnlpOIC that we amider child care in R-1 ·A the same • in any otbcr iaick:alial diltrict in the City ix Eapewoocl. la otbcr Mids, it is a permitted IIIC . It ha existed for many )'CIU'I. • Ma,-Bums stated, and ha for the IDOll put exillcd i-:cfully with few exccp1ioas She feels our aeipborboods are up to dealing with tbae exccplioas. If IOIIICbody is ill a cbilclcarc facility, liamed « Mli1 1 and they are causing pniblems, you can bcl the neighborhood will be the lira to c:ampllia. wbetber it is ill R-l·A « R-2, wbicb. she said, is where she ha IMd all her life . She feels -are lelliDg a clw dilliaaion. which she does not feel we should. became they are our childrm, she doela 't care wbetber they have paraa who 'IWOlk in the city ix Englewood or whether they have no relalioasbip here other tball their child care provider. They are the fulW'C of our community. our world and our aJUDtry . The best way to lake care of them is to eliminate any distinction. Mayor Bums asked if she is speaking to the ordinance • drafted. She responded that she is speaking to the ordinance as drafted. to make R·l·A child care the ame • ii is in other residential zones. Not a conditional use . Council Member Vormittag uked for clarific:atioa • IO wbetber she -only rderriag to daycare. She respoaded Mjull daycare." Council Member Habenicht said she recogaiza this is an emotioaal ~ for a lot ix people. She feels the suggaled c:llaqe would not be llkiag this • slowly • the IJllllition niqui,a in • ClDIIIIIIUIUty tbll is .. I . 0 - • • • Englewood CityCouncil November 18. 1996 Page 17 0 • I• changing and a society that is changing. She bdieYea 11111 we cu -imo Ibis gradually and ablle a IOI of this fear, which she feels is driving both sides of the illae. Ms. Habeniclll said she would not wte for it all one way or all the Olber way . She mlCnllal that Sid' bas claae a tn:meadous job in coming up with a solution that IIIOlll people find palallble. She bas talked with people for well _. a year DOW about the problem and people on both sides have said it sounds like a good compnllllise for DOW. Thal is why she would not go for jusl throwing out the zoning, but l'lllber keep it as a condilioaal use . She said she would wte no on that amendment Mayor Bums said the amendment is IO makt: cbild cm: in R-1-A the same as in any ocher district. Council Member Hathaway said she wants IO makt: it clear that she COllliden child can: a special home occupation. As we continue our review of home occupalions in R-1-A and ocher dilbicu. we need to look at child can: as put ol that whole picture. She feels that cu be made put of the transition as well, but in this particular case you an: lalking about a home occupation tbal is not a lawyer for profit or an aca,untant doing bis business out of bis home, which, she said, exist in R-1-A. too, and they an: illcgal. She feels this particular issue needs to be addreSlled now bccaUle tbcrc is more: of a need for it Council Member Vonnittag said that every reference in the ordinance 10 daycare should be preceded by the word "licensed." They sbould all say "licemed daycare." Council Member Hathaway pointed out that this is addrased under the second whereas. it says licensed by the Slate of Colorado and operaling prior to June 3, 1996. Sbe agreed. as a friendly amendmem. to accept the wording "liceoscd" daycare. Mayor Bums said that ifwe are talking about having cbild can: in R-1-A the same as the odlcn, it seems that we have diffaenC kinds al-. -111e1 • a IIIIIICr of right and some are conditional in this ordinance. City Attorney Bw rapoaded dial mar mawmendation is to make Ibis a home occupation listing family child care home. or ~ home. • the only home ocx:up111ioa for R-1-A. Council Member Hadaway aped dllll dllll is wlilt Ille is nferriDg to. Mayor Bums said. for inslaacc, R-1-8 appears to baYC a i.-occupMioa of child can: • a maaer of rigbt R-1-8 bas conditional ua. It's a._ to say dial they it would be the same as ocher diltric:ts ba:alalc they are not all the-. You an:jalt a,illl lllow it• a llllllCr of right in R-1-A. eo..cil Member Hadaway aped. Council Member Wiggins said be agrees with c-:il Mellllllr Hllleaiclll dllll it should be a aJDditioaal use . Council Member Clapp stated for the recard tllal Ille 111PP11111 c:llild c:ae Md caa 'I Ullllinc puaiag conditions on it just becaulc of7.0lling. She bis it is a -by rialll aad dial we need to ll!ppCJlt oar families and our children and our l'ulure. She said sbe ll'hal t IDdly....,.,. cvaydlina tllal Council Member Hathaway just said. Mayor Bums asked City Attorney eruz-to explaut die pnadlft ilMIMIII wida a aNMtitioaal w . Mr. Brouman rapondcd tlw you would baYC to ID to a P1111ic llmilll • dial . 11lere is a 1C1 of standards tlw apply IO all conditional WS. '111c ooedkioal -llmril!I is hebe die Plmiag ud Zoning Commislioll. it does not come bldt to c-i1. ad ....... WIIIIIII ID III c1i11ric1 cx.t. Council Member Hadaway ..... if it ... die ...... al a lip ill hat of tlleir lloac, wlledler ii rcquira the applicant to CIOIIIC dowll ud pnM dull die -all of die ......... aad dial they lie .. ' . I . • Englewood CityCouncil November 18. 1996 Page 18 ·, 0 I• • a detriment to tbc ncigbborbood. It basically requires 111cm to c:ome down and prove that they can exist, she said. City Attorney Broczman raponded aftirmalMly. Council Member Habellicbt said she feds that one of tbc major ooacans IX people who are in tbc R-1-A moes is not so much tbc pmpcrty values, but fllber tbc ~ owr tbc cbuF in tbc quality 1X the ncigbborbood. When people talk about suaqen coming in. incn:ued uaffic and thinp like that. she feds that if wc just mike it a permitted 111C by right tbcn tbeR is DO ability to IIJYel1l or l'Cllrict or deal with thole kinds IX iaa. For the IIIOll part, the daycare IIIOlbcrs she bas talked to say they don't rally impact traffic becallle IX tbc way wc operate. Sbe said sbc truly feds that tbis alllditional 111C is such a good a,mpromis becaulle it doesn't shut anybody down. Tbc ___ ,,__ that sbc bas bRJugbt forward would aclUally gnDdlilbcr tholc exilting for two years so dial tlley-adn't haw tbis fear 1Xbeing tuFUd rigbt away. We are in a time IX tralllition and wc lad to be dlouglltful to both sides. Sbe said she aJUldn 't WIie tbc otbcr way, cidlcr. Council Member Clapp addrcaed tbc traffic issue. Sbe aid sbc mes right 1C1U1S the sttcct from an elementary school and then: is a lot of traffic. But, it only 11111 for tea or fifteen minldes maximum wbcn people drop their childrcn off in the morning and in tbc evening wbcn they pick them up. Sbe asserted that this docs not ncplndy impact bcr area ud sbc cu'I imagine a daycare with six children impacting a ncigbborbood negatively. Addressing the a,mpromile. sbc said sbc docs not ~ feel she can compromise licensed daycare . Mayor Bums asked City Attorney Brotzman to rapoad to bis ob1crva1ioa that. csaencially, if it is lic:ensed daycare, the clements that haw been spoken to here toaigbt a tar a what dial license IIICIIIS, a tar II the State is conccmed, are all clements addrcsled by tbc Stare of Colorado . Mr. Brotzman raponded affirmatMly. Conditional use, tbcn, in our -diltrict-wbal? Mr. Brotzman raponded that it concerns the illll*lS to tbc ncigbborbood. Tbc bat example of what Planning and Zoning would consider that WC haw talked about. be said. is traflic and its UllplCl Oil tbc ncigbborbood. Sccoad would be noise iaa. COUNCIL MEMaER HA TBA WAY MOVED, AND IT WAS SECONDED, TO AMEND TID ORDINANCE, MAKING CHILD CARE TIO SAME IN R-1-A AS IT IS IN ANY OTIIER ZONE DISTRICT av RIGHT. City Attorney Brotzman asked C4uncil to km at tbc memo be bad provided under tbc lut paragraph under 16-4-2. He read MR·l-A Single Family Rcsidcncc: District. pangraph M. would add a new number five, which would be Home Oa:upalioas ocaipaliors CUltOlllarily incidental to the principal IIIC as a rcsiclcncc when COllduc:ted in tbc same clwelliai pn,vided that tbc folJowing alllditioas are met. A. Family child care i-or infanl child care i-." Council Member Waaoncr asked if that opcm it up for all otbcr i-om1p11ions allC>. Mr. B~ said that daycare would be tbc oaly '-ocalpllion allowed. Mr. Wagoner said that is docs open it up with no ratric:tiollS. DO maacr bow many tbcrc are or bow cloae they are . Council Member Hathaway said that is conect, • long • they are licenled by tbc Stare of Colorado . City Attomey Brotzman said tbcrc are ddlnitiom included b dlild C11R -. Md infulhaddler -.. V•realll•*-r•• Ayes : Nays : Tbc IIIOlioa failed. r 1· CouDc:il Members Hadiaway, Vonlialg., Clapp. Couacil Mambas Wigial. Hnbcaid!l, w.....-. Burns I· 0 ----------------~· • • • Englewood CityCouncil November 18. 1996 Page 19 ,, • • - COUNCll. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO AMEND THE ORDINANCE TO GRANDFATlll:R IN ,OR nvo YEARS EXISTING UCENSED DA YCAU HOMES IN R-t-A, DURING WHICH TIME Tlll:Y WOULD APPLY FOR A CONDmONAL USL Council Member Halhaway asked for clarificatioa as to whether Council Member Habenicht is accepting the ordinance as written. and is only adding the gnndfatber claUle for all tbolc in exisleace that can prove they -licensed prior to June 3, 1996. Ms. Habenicht c::oafirmed that swement New daycares, she said, would have to apply for a conditional use right away. Mayor Bums commented that it would seem to him tbal oblaining coadilioaal use for tbolc grandfatbeRd in would be a routine maua. Council Member Habcnic:bt said it would giw them some time and they would not feel that they are being fon:ed into somrtbing right away . Council Member Halbaway offered an addition to the amendment when:by tbolc grandfathered and wbo could prove they-in exisleace and licensed prior to June 3, 1996 would not be Rquired to go tbrough the conditional use process and that from tbis point on it would be done as a conditional use as proposed in the ordinance. Council Member Vonniuag added that they must have existed at their Clllffllt address. Council Member Habenicht said she thinks it is bcUer to have an equal playing field for the residents and I.be daycare providers. The two year grandfathering in gives the property owners who have coocems the sense that they still have the opportunity to question the conditional use and a sense of security for their lifestyle. The allows for ~·s rights to be protec:ted. Mayor Bums added that ,omc of these daycare providers have been in their residences for fifteen or tweDty years and it appears lhal they provide quality daycare. He~ coacem about making them all go tluougb a coaditional use process giwD the number of years they have been in business. Council Member Wiggins poilllal OUI tbll they have been illeplly in business. Mayor Bums ~ tbll, but feels we baYen 't done a w:sy IIICIII jab of IIDlitoring dial. nor bas the Sta. Council Member Clapp 8*ed far clarificMiaD • to wlial die a!W'Ddmcnt is. Council Member Habenicbl reitenllcd tbal bcr M"'dme• is tbll ..,_ wlllo-ad a,me in new to R-1-A would have to iromcdilldy JO tluuugh a ooedilioaal us ..-. 1'IIClle tbll are ahad:y exisling and licemcd that have been awered UDder our .....,_ will be grlllldlidlcnld in for two yan. in wbicb time, or after wbicb time, wbicbe\'Cr they -ad pn:fcr. they -ad '° far the coaditmal .. pennit Council Member Wagoner further clarified tbll it approwes die onlinance as written. except that it grandfathers in thole tbal exillell prior to June 3. 1996 and gives them two years to go tluougb the conditional .. process. Council Member Haabaway added tbal it adds the word ~lic:ensccf' all the way tluougb. Council Member Vonnittag further clarified tbal this would be al the -address. Council Member Habenicht concum,d. Mayor Bums said obviously this is a balaacing act, addin1 tbal be bas 1111 desire to eliminale this 111C in this 7.0IIC distric:t. Council Member Clapp llalcd tbal lbe will be VObll& ya oa tlua. jull ._ it is die bell we can do and allows the daycare providers ta apemc . ...... - • -------------~------------.------------------------------- • Englewood CityCouncil NOYClllber 18, 1996 Page 20 ·, • ,. - Council Member Hathaway Slated that she will allO be VOiing ya bec:ause it will at least IIIOYC the issue forward after having been Slalled for a year and a half. She said we need to commit ourselves to moving forward with review of the home oa:upaliom tGlally in R-1-A. Ayes : Council Members Hatbaway, Vormittag. Wiggins, Habenicht, Waganer, Clapp, Bums Nays: None Tbe IDlllioa carried. 12 . c.--.1 DiK I hi (a) Mayor's Choice I . Mayor Bums said he previoully told Council of his ......... ac:c • the Mdro Mayors' Caucus. 2. With rqard to trampOl1ation issues, we ba\'C a public meeling on November 20th. he said. in the Community Room reprding .-ilia and improvCIEICIIIS at the RTD Liglll Rail SIOp. Council Member Hathaway saicl that sbe belicws dlis -pulllillled • being only the 5IOp at Santa Fe UICI Oxford. City Manager Clart saicl they are aappc-s ID talk ._ alJ in -clillricl. including Cinderella City . (b) Council Manlber's Clloice (i) Ccwil Mellber ffllllaica I. She told Ccwil 11111 *..._die pFla 5 cw:,-ca by die DaMr Chamber of Commerce ud die Colanldo Ccwil fDr .._ ill die Ans• dlcy did a WOllderfld lbldy oa the impact of the a111 ia die c . 1. S. dian I I 1 aipill ID Ccwil. Sll)illl dial many COIIIBNlllities ba\'C necopized anlllR • die W a a ....-C *' I p I 31 IDOi . 2. She~dle___.. _. ... il .... patlDpdla'bythe Englewaod N11ic Library Bolnl for Flddilta C.,.. wllo -.._ ha ••..:.al)'. S. lllid it ii a bellrlillll and IIIO\ling memorial . SIie ~ 'low _. il -ID Iller ID ~ arwd widl Ms. Clayton, ayillg sbc was a WOlldcrful young -widl a lat of p,cl idea. 13. CICyM ....... ,.,_. (a) City Manager Clart lllled that he includDd ia their pad a Cinderella City S1a1U1 rq,on and be bas nolhing to add. 14. Chy Attaney'I ..... (a) City Aaora, 8-ftllPllllld aadlorily ID c-, iDlo a tolling apeemml with the tJUlleC in ~ EURA maaer ID CXIIIIIII die ... of liPFicedoN .. a one year period. ...... .. I· Eaglewood CityCouncil Nowmber 18, 1996 Pa,e21 . . • • • COUNCD. MDIBD WAGGONER MOVU,AND ff WAS RC:.'ONaD, 10 AUTBOIIID TIU aTY A1TOIINIY 10 ICNfta INTO A TOLLING AGRIIMUT wrn1 TIU D1JSTD IN TIU 11:Uti MATnR 10 D'IDD TIU STA'TO'n OI' LDIITA'l'IONS ,oa A ONI: Yl:All nlllOD. Ccmac:il Memben Hadaway, VCIIWlial& Wigim, Habmic:bt, w....-.Clapp.a.. JI'- 1,. ~ COUNCIL NDOOB41BAWAY IIOVU 10 AIIIOOD. TIie IIIIIICIUII .._. • 9:38 p.m. .. • ; , ' ' ' I I I -. ,, . ,. • .. December 2, 1996 To: Tom Burns, Mayor and City Council Members of Englewood From : Citiz.ens of Englewood who border R-1-A neighborhoods. Attached you will find a petition asking that you AMEND the proposed bill regarding conditional use for State Licensed Family Child Care Homes. State Licensed Child Care Homes are essential for our children and Family Child Care is compatible with residential communities. This petition will be updated with more signatures as we complete coverage of the R-1-A areas . ------- • I I I ' . ., -....L....1.~~~ ,. • • ~- PETITION We. the undersigned citizens ofEqlewood, Colorado. request that the Mayor of Englewood and members of the City Counsel. AMEND the proposed bill imposing conditional use on Family Child Care Homes located in R-1-A mncs. We feel the need for State Liccmed homes are essential for our children and Family Child Care Homes are CON,qiatlble with our community. Restricting the presence of State Liceased homes encourages the growth of unlicensed. illegal Child Care. , . ; -hit~':t.:J~~~~~---+u:2..L.::::.....!~7~~T~r=;-;..i,:._-;:-~~--. I J--------------+---------------------1 ·----------+--------------~---~ G • • .. . " • 25 - Mayor Tom Burns and counc1l Members, 1 have been a restdent of Englewood for the last 8 years. When we moved here we dtd not have chtldren. we have stnce had three wonderful ltttle girls. we love the location of our hOme, the fact that our oldest daughter can walk to school. The overall convenience of Englewood to most places, kNPS us here. However, I was extremely upset to hear that "In-Home Daycare" tn certain areas of Englewood could possibly be shUt down due to zoning regulations. I personally think ttlOse day care operators all ready In existence should be able to continue there very Important service to our community. I am also a part time substitute teacher and use one of these day care providers. The fact that she Is located only blocks from our home and my daughter can walk there from school If need be Is yet another reason we stay tn Englewood. I can't even Imagine all the ramifications that would occur from this. I urge alt of you to please consider "Grandfather clauslng" all the current day care operators. So those of us using this great service are not stuck high and <Yy. Thank you for your time and service you all do for our great community. S.inc::erely, , ~1 l!/iP-J/efdw;_ -f/ l~o . . ·-.... .... ; .. .., • , -----------------------------------. • • tlt: 3 \ IIVUI ll U3 l , lawsuit could · railroads and leues on more ed by the land in death f 1cciden111ly ling his pistol rtmiully nee· nearly I dozen to enter I not ,y . But Jud1e plea 11 a Doc,. Coaty Court. is llttaed of for tlie Boal- kley, 27, ... I lllroqll Ille Dillion ·s lotto draw- ame no one ,y. nip! were 4, matdled five umlller 1,131 , 1plect. and emmbento OK"d ~ ,...._ ... ..... Ilic nlatloa- Jdlllll or lie- .,_, 111d ii -111. "We ior of I few !plllatloa ol .. ....., TeSted ....... prlllaf ... s lldllol. ........ .. laridNt : West Kee !t.Twollip II allOlller iffs .... WO pril ,.._ ;l,erjff Lori :er. ol tlleir ,cl I sketdt ! put tine .. reported 1111Te111 In !ft. ==i ured mac s,u- ertann for •TonllaU I $alurdlJ, t· .... per· ...... f-liolL • 0 I• • ,,,. __ , __ -............................ , ........ .,_ .......... ........., .......... .... ..... .,_,.....,...., ................................... ...,_ ............... . In-hoDirday 'airelllegai' Providers pan zoning limits in Englewood ........ c:... ----ENGLEWOOD -CIIIW-care IIDalll l1He operated for ,an la Ille city's resicletltlal dlltrict, 11111 -i.c .... make. llllm illlpl. Now . Ille city ~I m•t decide wllethtr to 111111111 Ille IDIIUII law to 11· low retlcleetlal cilllckare facillllel in nei1hborhoods or to start enforcing a law that would cl-tllem down. "Day care is not IJOIIII to ao away ." said Slielley Giboon. ID Englewood Ii· censed borne-care provider. "It's 1 · need . We 're addln1 to tile community. It helps the people wllo live and work in the community." Tllere are two ele- mentary schools in Ille city's Nlldetial district, Ille noted. "Wltbout home da• care. tllere will be a lot of latcb-kej klda la Ult dis· trlct." • Altlloup llll"s IINa ~ by tlll ltatt for ttlllt yean. Glllaa aad at least U otlier care ,,.,....,. - t.wa to 1111 city an la rielatiea of Illa ordlaaace, wlllcll ,roMl11ta la-llllM ~ in relidellllal lllipllonDoda. Appareatly wllen llley ...... lleeMed. Ille .. le board dlda"t c:lladt ... re- llrictloM at llleir locallaa Now. day- care pnmden an alkld to c:lladt ~ Ille 1D11U11 olflcel to pre,,eal 1111 .... 1em, ................... TIie prolllem .-faced allolll • ,..., ap WM I llceald prowider IMftd fnm Uttletoa to ~ .... - told !litre WU IIO pnllllm la nleallilll lier llame day care. ,\I Ille lloae WU lleiftl fiallllld. - 1111 olflclail droYe by . saw Ille play ~ 111d -I letter 111dicalilll that tile --c did not allow IIDme bm· -· TIie city COIIIICU couldered ..... emption for day-care bama la tile fall ol I tH but II bled Ille idea . TMII in May another day-care provider. Tonda Gate- wood, 101 Into an 1rpment wllll a nei1hbor. who tul'llfd Gatewood la to tbt city, olficlail said. ··o.y-care centen are pn,lllblled. 11111 over time. ilHOfflt day can popped 11P In the diltrlct:· City Maupr [)oq Clark uld. "'We load Olll allollt It. aail the day-care people alked lor H ----to Illa ........ TIie city llu .-up '11'1111 •,..... ........_ tut wClllld ,.... day- proYlden to apply for caadltlaMl-- permlla N I C-by-CIN llula HIii lu," • pallc ..... llautftl . ··w, -tutu 1111111 ..ralr," GlllaN uid. ··we want to -it allowed willlollll ..,..,....1,11 ... TIie city alto ii ~ gnllllf• llleriftl in all tile Ulepl day-care pro- vlden. tlln makla, it illelal for uy NWComen to let up .... said A-. -City ....... Salt c..-. ltlm Wllllelm Hd llil wife. Val. !Ille tllelr 14.-JHid dNpler ta GIima. wllo .. ~ 1-i. -u. llHet. Wllllelm woald like lo -1111 N8illl cllanpd to allow GiMla to ca- u.e Clf'UII for 1111 dallpler. "We uow her 111d tn1t lier ..... 11"1 ., c:oavealellt. ·· he uld. ·-o. datlpler lell more attenlioa. I t.i.ll 1111 Illa tllat ---atteatloa. U ft 6M't lla•e 11111. It woald be 1 1111 IIICOllff- llience . 11111 we woald look for uolller 111-llome babytltter ... At a ,.,tic beartac earlier 1111a wetk. 20 people spote ill favor ol UMndlaC Ille malq la•• lo allow for 111-hNN day care. BIi Mayor Tom &viii re- ceived tllree letten in opflOIIIIOII. la tlleir lettu. Ricllard aad Bttty A• Dlttemon said 1i., llloqllt Ille _. woald -ken ti• ........ lllllty of tlll ............ dlltrlct. ...... ... property ..... . TIie ordinance wlll be brollpl IP • • llnt ...... II Monday 1111111'1 -ii -u.c. ,,. --111d ..... --wlll be la two ....u. UMII Ila. 1111 • llome day-care fadlllill wlll N .U.W. to operate. State target pyran schen Attorney ge · vowscrackd ly Allllle .. -10 n., Don,-.... Colorado Attorney Ge _ Norloll 1-,.ced Jell•· steppi•I ap eflorll to money-makln1 pyrami• - tllat have beee builcllng ver area this year . ._ TIie Illes•• pyramid cl often meet under 1M IU tilevel marlletln1 ore , ·- uk participaats to p11t , pool with the promise • _ ..-y will m1lltlply as more people ater i. P -I Enatully 1M pyr ............. _, .......... 1111 ....... .. _, .. , . ,,.....,_ ...... h UNIIN 1111a 'Nik H cl I' ..... illlpUy pr--, 1clleme. a ~--·~ after police ... _ fnad ianltl· pion illfll· 'Part , just g· , the ... trated -· 1111 in Greuwood MCS5a • !:!T 11111wi; out t .... c-y. ~pl AIINI II h ,......... cy _. th to •••ae1day d • P7fllllld un er ::Ct!: that ti weed real · deace. ud UOIII 4S r,e. pie were 11 Ille No•. I IIINtlq II I crimir • condt: Gren wood first Vlllap b..t· lltome• _ .. ,~. U C08Yicl · ed. the pyramid pnmc,1< faceuto11-.1n .. to ...... ia fia. " IICoad conictloa " ..... feloay . .,,,..... ...... ,, __ ....,!Mum Netwwtiq et,~·· or ...................... • .,~•··c lllllap. New......_ wio o1 18Mtllattllt~11 i,..,n.•llft1e1111 cr • 0 --------------------~-~-=-:-] • • Overp~ owners' objections, City Couna1 toughens rules in area . rife with vacant buildings • • · -· · --------· lb:ky Mountain News Tues., Nov.19.1998 coaditiGIII c:an be let. erty near the Denver Racue~ Far eample, certaiD retail busi-lion. said the reduced · • nesaes -sacb • a dnJc atore -rights won't help develop · · currently permitted without any neiabborbood becauae it 1m =.11e1 . ado, would have to ao throucb a come a haven for the Denver•· review proceu tbat would ltipu-ea'.s homeless population. a, KMIII Flynn late IUCh features • . business "The tnnaients in that neiah· ....................... , __ ""-"'-_ hours. borbood create the ambience," he _,,_, _ _, _,_. Some property owners con-uid. "If that problem c:an aet The Denver City Council adopt-tended this will binder develop-solved, there is no need to c:haDae ed touaher ~rules.for a "no-ment. But advocates of the c:haDae the zoaiq. and if it is not solved. 111111'1 land" aecboD of ilowntown aaid it will make the area, called please don't add to the problem delpite objectiooa from nearly a · Arapaboe Square, 1111ft frif;Ddly to with additional reatrainta on de- third of the property owners. reaidenrial dm!qment ftlopment " Approved on an 11-1-vote, the The area ia comairiaed of about But the council qreed with pro- rules were developed OYer several 61 acres bounded by Larimer, llllllmtll who termed the c:haDaea ,.,.. of ~ neaotiatioaa 20th, Smut 11111. 23nl lnlCI, and "moiiat. .. 111111111vanoua~ en.dway. Mlllf caD the ll'el "a "The 1CJ1U111 tbat'a there now The rules eliminate many prup-DO IDID'I IIDd" became of the Jack · wm't encouraae any 1111ft detel- -erty Ules tbat c:an be inatituted of residential baildiDp and the opment than it Im in the pail.~ without city approql and IUbject , larJte numberof vai:mt buildinp. ::Sw!!,uaht. Brown. a Curtis ;~-tbem to a review procell where £meat ~. who OWIII prop- . . . .. . . t Council alwes lllePI -,.care ........ """"": City .a6:iala llid .;... ca-., • ..;.. ~ ilktpD:f ~ ten wil _,. ad.--ID lt1A 'alrhrlloodl. '· 1 · 11e 11'1'1• m • 111:e ,. n. CitJ Ccm:i ill .1me ~ IN8LIWOOD ~ The City ~ ........ ~ ... poeed a m-maada _.atarium Coaacil MaadaJ 11icbt taltlDtely 7..aaiasC . 1111· llffCllllln .dllt let die ~ pruwiden lllleDded 111m111 Iawa to.,.. ille-..... ID-...___._.. ...._ ID G1111111 wllile the city c<are~ianew' ..... h.-~~ ...... ~ ................. : -. Tbe~-0~~~-11 -~~~-~·~-+T..:'il1~..: reaidenta operatiq t 1-care pemiit clay en in die ar,'1 amt dlJ en ii Mllllecl ill al !Dale-· .._ iD the city's 11A NlideD-nlltrit1ne l'PeidN tie! --woad n ·att a adl -o...• tial Dllipbadaooda. The CDaDCil in May ... resideDt...... DIJ-<an ~-~ permitted .. 9-:;;.c.. will tote • final time Oil tbe crii-aeiabbor'• apenliml. hihnrkiee . .! in al .. ....,. ... in die ... ofDG\ amce•aaat......, tbelllel!-l~at~11a1111r°" citJ. : • 4 month CDs: , 5.35o/~; 17 month CDe· 6.00o/~;· rate: • Tu , F F on tho ou r I the bar me um toi: re2 ret· .. • • , . • lO MJ tllal al I OCCWftG.. C101Ma «a IN ~UII:' ut -"'u' u 111-l sav if Cuaor bid• ale III lllr Jud." -Daile Bndle1 Redfox dies after rescue Cause of death is to be investigated ., ............. ----...... ,. ... ,._ ... .....,.,.n,..,....,_,_,_ ==.-:-.=·-........ .......... __ ,_..,...,. .... .. 11 ..... _,_..., ......... -ClaJla Dowll. • 1-----.-,,._, .. , ..... •--ie•u.-.. I ....,,_ ........ ., ........ _,... ....... .. ,.. ....... _ ........ ...., ................. _ .. --.................... ---·---.,.._ .......... -. ..... __ _..., __ ._ ................ .,.... ........... __ _ .a.-........... .., ... ...... ...,, ... ___ ... __ ........... ,...... ..... -.......... ..... ·-----.. . ...... ,,c:::s .. ......... llellllt ..... . .. ·---. ............ _..,.."---_.._...,.__,_ -.......... ,,., ..... _.. ., ___ ..,.......,_....,, ., ____ _ ............................. ,._ ............. ..... ... .... .... "'in, -I&• ........... _ .......... _ ............ _ ........ ..... ...... ..., .................. _.,.....,_. __ __ -·· ...... =r--.... .......... ........ a,;o...-. c...--......--_lllel_.....,... = !"'ia::... '":: ';-,.:: area. Child center -···rules -.--: . ~· ... --·--~ ...... c:... ...................... .,,. ........ . .,.... ........ .... IIPil -... i..,.. -..................... ..... ...... ...., ... -... ... ,._.,1 .......,...,_._._ ~lllla••YIII....._ -·----, .. ____ ,.. ...... .... ..... _.__. ... -.. . --~ ...... _ ... __ ., .. , ............ _ ....... .............. _ .. ___ _ ..... _.,,_. .. -. .... 1111 ......... ......_._.....__ ...................... eased En~lewood lifts ~tial oon lrAllaallC:.. o...Pall-- -•jo lNGLEWOOII -,.. dlJ -·· ... ........... -___ ............. . ----151 ........ . _____ ...,_ __ .... ._ ··•·•·· ,.. _ _.. __ _ :=r..: r..:.:=--:---· --· -· ~-------·--..... l .......... -=-.... -,.;~. ... .... -..... -.... __ ., .........i .:::a -··· ___ ...... ·:- Ill .,..._ .. ,__~·-· __ ... __ .. _ ell-. :· .• .. , ...... -......... _.: .......... , 7 _ .... ...... ldL.,..il_. •• .,_,...·-ll'la_, ............. __ _ = :::.:.· .. -:.a:.~--:: ....... ... _.. ........ . :-:.: .. -........... -:: ...., .. .:,:-a ............. , .. ...... -=..--. ....... _ ·aw::. .....-..-.. -.. ... ....... ..................... --............. ---·: -----------· . ... ...,..... --.... ...... Smoking minors outlaws in Parker ............_ ______ . ........ ......,_ ..... , .... : -----··-.. _,.... . ... "Y• 11 • • _._. -· 111.:· • • .. • ........... __ ... __ PAUD -11a .... TwllC-. ... -...... -........ .... -.... , .. ,_--. ........ -..... lllelllllC.... ~ .. -......... .......... ............. -........ __ ...__,.___ Ma ................. ....... _ ....... _ ... ,._ _, ......................... ..................... _ .................... ftat -·-.. .,..., .... . _ _... ....... -....,_ . .................. .., ..... .. _ .... ., ... ..... .. ..................... _ .. ............. .. .... _..., ____ .. • -..... -.. ,..,_ .. -... ,. oar,i-. "' -..-t-1. c-,i. -Dalt.--...-... , . ...... ____ ...,,. ................... -...... _ ... 1r.-....... ...... c-a-.,. .. AldNII, ... -........... --··-_ ... _...,. .. ....,.._ .. -11 ...... ,. ... ....--........ ___ ...,. ____ _ -•-11-uw,a,-lltlllaltll ... ....,_ ................ ............ ....... .,_ .......... .,. ................... ..u • ...... ._....., ... __ ..... ._ ..... If .............. _.. ":....-........... ..1... .. -.. ..... ....-.... ....... _ .... ,.._ ..... ....... ......... ....-..... ... .., ........ 11 .......... ....... _ .. wa11,.....,11.-111-•* -.. .. -........... ... ... .........., ............. . ............... --..... ... _.. ............ ...... .,... ................... ... -............... .......... ___, __ a& ....... .... .... ... _ ........ ...... . .............. __ A-::-.-..:.:.-:-..= ~ ............. .. ,... ................... ,.... . .............. . -. ..... ...., ...... _.,..~: _.,,__ ............ ... ........ .. -. ............ . ... ...... _ ...... ""'••= _.., .... ...,, ... ... C-,.,._ __ .......... ·: _ ... , ........... -=-· ..... ,.. ........... . ...... _ ............ .-:- ......., ...... _::: ..... Ii .. ::...::;. === ::w.·:. ........ _._ ...... :.--,:::.:-~ ... ....;· -------....... : ----............... . ........... -........ . .,_.., .......... _,__ ...... ... =------__.,.. .... ... -......... -~ .... --.. -------· -. ·---._ • , • ' • December 2, 1996 • • ... To: Tom Bums, Mayor and City Council Members of Englewood , r From: Citizens of Englewood's R-1-A neigbborbo<>ds· Attached you will find a petition asking that you AMEND the proposed bill regarding conditional use for State Licensed Family Child Care Homes. State Licensed Child Care Homes are essential for our children and Family Child Care is compatible with residential communities -This petition will be updated with more si~ as we complete cowraF oftbe R-l-A areas . , . , • ·. • PEl'iflON We, the uadmipecl citi!ffll of&talewoc,d. Cakndo, request tbat die Mayor ofEaalnoucl and JNlllben of die City Ca BIii, AMEND die proposed biD in..-. c,nnditinnaJ me m Fllllily Cul Can Homes localed in R-1-A zaaes. We M die need fbr Stailll lic 111d bames 11e 1111csrtial fbr our cbildrm and Family Cllild Can Haw 11e ai-.-dle wida our ocw•w•+w+ily. Rellliictiua die pr11111nco of Sale Lie ,. d bames eDCCNlnlCI die lluwda of mdicemed, .... Child Can. • ·, - .. PETITION We, the undersigned citizens of Englewood, Colorado, request that the Mayor of Englewood and members of the City Counsel, AMEND the proposed bill imposing conditional use on Family Child Care Homes located in R-1-A zones. We feel the need for State Licensed homes are essential for our children and Family Child Care Homes are compatible with our community . Restricting the presence of State Licensed homes encourages the growth of unlicensed, illegal Child Care. . " • 0 'a2 x l . , . • PETITION We, the uadenigaed citizens of F.qlewood. Colando, request that the Mayor ofF.qlewood and members of the City On •al, MJINQ the proposed bill imposing CCJDCtitional use on Family Cllild Care Homes located in R-1-A zones. We feel the need for, Saa Uc 11 II hames are eaentiaJ fbr our cbildren and Family Child Care Homes ae ocwiplli,le wilh our conummity. Restricliag the JnleDCe of Saa Uc I~ II bames encomages the an,wdl of unlicemed, illepl Child Care. I • ... • PETITION We, the undeniped citmm ofEnalewoocl. Colondo, request tba the Mayor ofEqlewood and manbers of the City Owmel, MJINQ the proposed bill imposing conditioaal Ille on Fllllil:y Cllild Care Homes localed in R-1-A mnes. We feel the need for Stale Licemed homes are es,entie1 for om cbilchn and Fllllil:y Child Care Homes an cc11.pd)ile with OID' cmnmmity. Reslric:ting the pnsence of Stale LiNnled homes encourages the an,wtll of unlicemed, iDepl Qild Can. .. • , • (. PETITION We, the undersigned citizens of Englewood, Colorado, request that the Mayor of Englewood and members of the City Counsel. AMEND the proposed bill imposing conditional use on Family Child Care Homes located in R-1-A zones. We feel the need for State Licensed homes are essential for our children and Family Child Care Homes are compabble with our · .rJI . cooununity. Restricting the presence of State Licensed homes encourages the tJ>1' / a,owth of unlicensed, illegal Child Care. ----~N~ame~Q(S~i ~~--,-----:Address~~----:-=--r--=---------...... - • , ... • . , . • '· PETITION We, the undersigned cita.cns of Englewood, Colorado, request that the Mayor of Englewood and members of the City Coumel. AMEND the proposed bill imposing conditional use on Family Cbild Care Homes located in R-1-A 7.0DCS. We feel the need for State Ucemed homes are essential for our children and Family Child Care Homes arc CCJGlplbblc widt om community. Restricting the presence of State Licemed homes C11COU111pS the growth of unlicensed. iUcpl Cbild Care. jf 1/d I .. .. • • . . PETITION We, the undersigned citizens of F.oalewoocl. Colorado, request that the Mayor of Englewood IDl members of the City Coawl, AMEND the proposed bill imposing conditional use on Family Cla1cl Care Homes located in R-1-A mnes. We feel the need for State Lkaaed homes are esseonal for our children and Family Cllild Care Homes are CC111apmbie with our community. Reslricting the presence of State Llcemed homes encourages the growth of unlicensed, illepl Child Care. Name (Sipature • ; , -------------....... ------.------------------------ • • PETITION f._ ) We, the undersigned citimss of Eqlewood, Colorado, request that the S (Mayor of Englewood and members of the City Counsel, AMEND the / '{ proposed bill imposing conditional use on Family Child Care Homes located '-in R-1-A zones. We feel the need for State Licensed homes are essential for our children and Family Child Care Homes are compatible with our community. Restricting the presence of State Licensed homes encourages the growth of unlicensed, illegal Child Care. {, I .. • • ·. • PETITION We. the undersigned citizens of E'aalewoocl. Colorado, request that the Mayor of F.nglewood and members of the City Couuel, MJINQ the proposed bill imposing conditional me on Fanily Cbi1d Care Homes located in R-1-A mnes . We feel the need for State Licemed hmms ~ eaentia1 for our children and Family Cbild Care Homes ~ compaib1e with our community. Restricting the pnsencc. of State l..iremled hmms eacouraaes the 8fOWlh of unlicensed, il1epl Cllild Care. . . ----~N~am~1ej:(S~i~gn1t1~ure~_"""'T'"_--..JA~dll!!!lh!!!ess!!l!.-------------~+-- _).~!:S,;l.,.....&..~~ll!!:::=-------J~WLl-..l.:...~€~L~A~TI.-=--~-------------••r ~ C LAT' <;: ,- • • • PEl1110N We, the undeniped cimms mF.aalewood, Cobado. request that the Mayor mF.nalewood _. ,.. .. IWI mthe City c--. AMJNP the propoaed biD iM•.-.a oondiliaial won Fllllily Cbild Cae Hames locad in R-l·A-. We W the wet for S.. Lim1aad .__ 111ztial for oar~ and Falily Child Can Hames are oc••lilile wida our OCWiiiiNllil)'. Remic:aaa the pl'H HICle fX Stale UCIMl 11 .... W lg& the an,wdl munliamed, iOepl Oild c... . ' . . I ,---~-------~--------~,.,---~-------------------,-- • • <. PETITION We, the undersigned citiz.ens of Englewood, Colorado, request that the Mayor of Englewood and members of the City Counsel, AMEND the proposed bill imposing conditional 1111e on Family Child Care Homes located in R-1-A zones. We feel the need for State Licensed homes are essential for our children and Family Child Care Homes are compatible with our community. Restricting the presence of State Licensed homes encourages the growth of unlicensed, illegal Child Care. , • • PETITION We, the undersigned citi7.ens of Enalewoocl. Colorado, request that the Mayor of Englewood and members oftbe City Coume1, AMEND 1be proposed bill imposing conditional Ule on Family Child Care Homes located in R-1-A zones. We feel 1be need for State Licmsed homes are essential for om children and Family Child Care Homes are compmble with our community. Resbicting 1be presence of State Llcenaed homes eacoura,es the arowtli of unlicensed, illegal Child Care. • • PE1TfION We, the undersigned citizens of'F.nglewood, Colorado, Rlqllllt 1bat the Mayor ofEna(ewood and members of the City Coumel, AMEND the proposed bill imposing conditional me on Family Child Care Homes located in R-1-A zones. We feel the need for State Licensed homes are enen!Ji•l for our children and Family Child Care Homes are compatible with our community. Restricting the presence of State Lic:ensed homes cncomaaes the growth of unlicensed, illegal Child Care. I .. • 0 'a2xl • • • . ,~ • <. PETITION We, the undersigned citi7.Cl1S ofF.nglewood, Colorado, request that the Mayor of Englewood and members of the City Counsel, AMEND the proposed bill imposing conditional use on Family Child Care Homes located in R-1-A zones. We feel the need for State Licensed homes are essential for our children and Family Child Care Homes are companble with our community. Restricting the presence of State Licensed homes encourages the growth of unlicensed, illegal Child Care. ...... .. • _____________________ , _______________________ _ ·, • PETITION We, the undersigned citizens ofE'.nglewood, Colorado, request that the Mayor of Enslewood and members of the City Counsel, AMEND the proposed bill imposing conditional use on Family Child Care Homes located in R-1-A zones . We feel the need for State Licensed homes are essential for our children and Family Child Care Homes are compatable with our community. Restricting the presence of State Licensed homes encourages the growth of unlicensed, illegal Child Care. -. I • • • . , . • <' PETffiON We, the undersigned citizens of Englewood, Colorado, request that the Mayor of Englewood and members of the City Counsel, AMEND the proposed bill imposing conditional use on Family Child Care Homes located in R-1-A zones. We feel the need for State Licensed homes are essential for our children and Family Child Care Homes are compabl>le with our community. Restricting the presence of State Licensed home;s encourages the growth of unlicensed, illegal Child Care. Name (Signature ,. 3 30 ~-,. ' .. • . ,. • • • PETITION We, the undersigned citi7.ens of Englewood, Cokhdo, request that the Mayor of F.nglewood and members of the City Counsel, AMEND the proposed bill imposing conditional use on Family Child Care Homes located in R-1-A mnes. We feel the need for State Licensed homes are essential for our children and Family Child Care Homes are compabble with our community. Restricting the praence of State Licensed homes encourages the growth of unlicensed, illegal alild Care. • • PETITION We, the undersigned citi7.ens of F.nglewood, Colorado, request that the Mayor of Englewood and members of the City C-Oumel, AMEND the proposed bill imposing conditioaa1 use OD Family Cbild Care Homes located in R-1-A zones. We feel the need for State Ucensed homes an essential for our children and Family Child Care Homes are COllll)lltmle with our community. Restricting the presence of State Licemed homes encourages the growth of unlicensed, illegal Child Care. • , • PETmON We, the undersigned citizens of F.nglewood, Colorado, request that the Mayor of Englewood and members of the City Counsel, AMEND the proposed bill imposing conditional use on Family Olilcl Care Homes located in R-1-A zones. We feel the need for State Licensed homes are essential for our children and Family Child Care Homes are compabble with om community. Restricting the presence of State Licensed homes encourages the growth of unlicensed, illegal Child Care. I ·, • <. PETITION We, the undersigned citiz.cos ofF.nglewood, Colorado, request that the Mayor of Englewood and members of the City Counsel. AMEND the proposed bill imposing conditional use on Family Child Care Homes located in R-1-A zones. We feel the need for State Licensed homes are essential for our children and Family Child Care Homes are compatible with~ community. Restricting the presence of State Licensed homes encourages the growth of unlicensed, illegal Child Care. ' ' • • • ·, • (. PETITION We, the undersigned citizens of F.nglewood, Colorado, request that the Mayor of Englewood and members of the City Coumel, AMEND the proposed bill imposing conditional use OD Family Child Care Homes localed in R-1-A mnes. We feel the need for State LJcemed homes are esseotiel for our children and Family Cbild Care Homes an campd,le with our community. Restricting the presence of Stllle Ucemed homes encoura,es the growth of unlicensed, illegal Child Care. ' ' .. • , -~-------------- • • PETITION We, the undeniped citimas of Eaalewoocl. Colorado, request that the Mayor of F.natewoc,d and members of the City Cauwl. AMEND the prupo&ed bill a1aposina coaditioaal me on Family Child Care Homes localecl in R-1-A zoaes. We feel the need for Stale Lirmled ballles m: e11rszt:ial for our c:hildrm 111d Family Child CIR: Homes m: ocq.ail,le wilh our coawwwity. Ralric:lina the ..,e,eace of Sia Licemed lanes enccuqes the an,wdl of unliceased, illepl Caild CIR:. .. • • • •, • .. Mr. Fraak GryglcWia. [)UeCIO( EURA City of EnglcWOOd 3400 Soulh Elali Enpewood. (:olonldo I0\ 10 Deir f raak : l -4 you tbis Idle[ with decl) RlfdS-Al dlis us. l lllllll withdnW my terViCC from die~ UIIID JtesWII ,,..._.,..,· As you uaw, l ~ ieciadY jaiDlld CMD 1tallJ i.,,-s. Ille. • Colorado l\qioaal MaDIF aad my c:m.-nliPD zNtiNS do DIil atfald the amount of time necasarY to adeqll*lY . flllftl my iCill emcs • chairman - l uust that you will pass alaal my fl:IPell U> die City CoullCil 11111 thalC with wboffl l have served f1I/Cf dlaC maay yeas. l ~ cajayed die apportumlY to be of serviCe U> die City of Eapwoad 1114 UUll. ill tbe DIil toO dilWll fulUIC, l Clll OllllC apul wlulllDC' for taYice IO die City. kPOW if tberC UC_.. dill WC aeed ID~ ill die wallc of c: Mr. DougCladLCityMaDIF•Cityof~ Mr. Harold Slitl Mr .BabSillllOII Mt. QclUUdc Welty ~ City COUDCil Ba ., • 0 f 32xl (J ' • 0 • ·~ . <(, • • /!"" • < . . . 0 - 3400 8oultl Elatl 8lrNt EIIQlewood, Colorado 80110 • ·, " . ~ • i. ... ... • . • .. 0 • I ' . • ~ - • ,.. • • • -I CENTENNIAL A VENUE 3«ID loultl -........ E....-ocl, Colorado I0110 •. ' ~ . ... 0 • , - r C ... • ·, • ' -. • .. "' • 0 - -S395 SOUffl GRANT - GRETCHEN WATKINS CltyofE"' 3400 South Elati Engl-ood, Colorado 80110 • • - r---------. • • I• • (. • -I .-ARAPAHOE & HOLLY UNINCORPORATED ARAPAHOE COUNTY ' ' ' • .. 0 - ( 0 J I • CltyofEngl 3400 South Elati s., .. , EnglewOOd , Colorado 80110 • • • •. • .. • -!40 I W. RAOCLIFF A VIL ENGLEWOOD, CO 0 ' ' .. . . • , .. ) ' ,· ·\~\ ... I t I ' ~ ~ .... :., ' ./', .. ' .• 0 0 :. - 0 • • I 0 • CityofEng , . •i-------------. " ·, • '· • • 0 BROADW A¥ & MINERAb- LITTLETON, CO . ' .. ; •• • - COUNCIL COMMUNICATION DA TE: December 2, 1996 AGENDA ITEM SUBJECT: Broolaidge Shopping •• CenterPUD INITIATED BY: J. Michael Spriggs, STAFF SOURCE: Harold J. Stitt, Broolaidge Shopping Center, Inc. Planning Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; Previous Co,mcil Action: On November 4, 1996, City Council set a Public Hearing on this matter for December 2, 1996. The subject property was annexed into the City of Enalewood by Ordinance 13 , Series of 1964 and was mned 8-2, Business District. RECOMMENDED ACTION; Staff recommends that the proposed Broolaidge Sboppina Center PUD be approved as recommended by the City Planning and Zoning Commission. BACKGROUND. ANALYSIS. AND ALDBNAJIYf.S PPPDDID; The City Planning and Zoning Commission held a Public Harin& on October I, 1996 on m application for Planned Unit Development (PUD) filed by J. Mic:hael Sprigs, BrookJidae Shopping Center, Inc . The applicant bad filed a request for raonina of the subject lite from B-2, Business District, to PUD District. The ptopoted PUD will facili1ale the build-out of the Broolaidge Shopping Center by pennittina the dewlopmcnt of IClf-storaae units on the under- utilized eastern portion of the shopping center site. The ptopoted PUD difl'en &om the c:unart 8-2 Business District mning oftbe site only in that 1elf mnp ii propolCld • a pennitted use. During the Public Hearing, testimony in the form of a letter tbat bad been distributed to adjacent wuncorporated Arapahoe County residents was praented to the Commission. Tbil letter was intended to represent the views of the adjacent unincorporated Arapahoe County reaidcnts . The letter presented eight concerns usociated with the 1elf-storap use propOled in the PUD. Those concerns follow , along with staff' discussion on each issue : I . Industrial Use in a residenlial area sltould not be allowd H:~COMIH\JDNOICC.DOC I ...... I .-- • 0 • • 0 , . • The proposed PUD, which would include self-storage, ;is not an industrial use, nor is it a residential use . As the self-storage business has evolved over the past twenty years it has become integrated into commercial and residential areas . The purpose of the PUD is to permit greater land use flexibility while controlling use impacts. This proposed PUD meets the intent. 1. A large amount of traffic will .flow through Brookridge Residential Area from the storage units. An example could range from Cars, Pie/cups, U Haul Trucks and Moving Vans. These vehicles will access the storage units on the east driveway off of Centennial Avenue into the storage units. As you know that street is already heavy with traffic from the Burt Chevrolet Dealership on Broadway and Centennial. The service garage entrances are located on that north side of Burts. Also, there is already considerable traffic using Centennial Avenue to avoid the light on Broadway and Belleview. Institute of Transportation Engincen trip generation rates, presented by the applicant, show that self-storage generates significandy fewer trips than any other commen:ial use already present on- site. The rate for self-storage is 0.26 trips/1,000 sq. ft as compareil to : 2.68 trips/1,000 sq . ft. for general office; 4.93 trips/1 ,000 sq . ft . for retail; or 36.S3 trips/1,000 sq . ft. for fast food restaurants . This proposed use will generate less traffic and less impact than present zoning . 3. I have been told.from various sources that Storage Areas breed crime. No evidence has been presented to support this claim . Testimony from a police officer who owns adjacent property did not support this assertion. 4 . There will be storage units on the south end of the sltopping center . These storage units will back directly to the homes on the south end of Brookridge. This statement is COJTeCt : storage units will be on the south end of the shopping center. The storage units on the south side of the sboppina center property will abut Eat Ccotami•l Avenue . Storage units on the east side of the sboppina center property will be Id back ten feet from the adjacent property line . All units are buffered from the resiclmri•I area with • wall and landscaping . 5. There will be unfenced storage units In back of the cePller tltat would be an easy gathering place of undesirables which would~ to be paroled (lie) by the City of Englewood. Testimony from the police officer indicated that the unfenced saonge area bu only one point of access and therefore would not be an attractive "pthering place for undesirables ." 6. Most storage /ocurs are built in a Business Zoning with a large grassy area on both s ides of the property plus lots of grass behind and attractive landscaping In the front of the buildings. H.\OllOUPIBOAllDSll'LANCOMMICOUN COMMIPUD960I CC .D0C 2 .. I· 0 • . , . • .. The proposed PUD complies with, and in many instances exceeds. the City's landlcaping requirements. It is interesting to note that the use is considered by the residents to be both industrial and business. The PUD does not specify but rather conttols impacts. 7. More than liuly these storap llllits will be leased on a long tm,, leasu by and (sic) out of town management COINJIIOnY. T1te residents will haw no owner to turn to. As J1011 know this shopping center will probably be sold once nnovation is complete. For zoning and land use purpoaes. use should be conttolled with the land. This issue will not be relevant since the property will be replalcd by the PUD. The applicant bu, however, Slated that he will be the property IDIIIIF' for the propoacd aelf-stonge facility. 8. One of tlw biggest problems that I see is people who are Jllll'CNIS/ng property do not want a wall such as tllis In their back yard and II will Crt:llle a larp reduction In the present owners valuation. The proposed self-stonp units will be residential in scale. They are one story in height whereas the maximmn height permitted in the 8-2 mne dimict is 60 feet. Adjacent property owners will see only one story structures with pble roofs rather than taller structures or the praent parking lot behind the shopping center. The Assistant Fire Marshal identified two concerns with respect to Fire Deperlment access to the proposed self-storage facility . These issues have been resolved and incorporated into the PUD Site Plan . The Planning Commission voted to reconuncnd approval of the Plmmed Unit Development application by a vote of3 -2, with 3 ablent and l vacancy. QNANCIAL IMPACT; The proposed PUD will allowed for the build-oul of the *wial cmla' aeacnana buildina permit fees and additional property tax. 1JSI OF A'ITACHMENTS; Staff Report PUD 96-0 I Findings of Fact PUD 96-01 H:~COMMIPUDNOIC:C.DOC 3 I· ------------------------.t----------------------------,.--- • ORDINANCE NO. _ ~OF1996 . (• - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE APPROVING THE REZONING OF THE BROOKRIDGE SHOPPING CENTER LOCATED ON THE SOUTHEAST CORNER OF BELLEVIEW AND SOUTH BROADWAY IN THE 5100 BLOCK, CURRENTLY ZONED B-2, BUSINESS DISTRICT TO A PLANNED UNIT DEVELOPMENT. WHEREAS, J. Micbul Spriaa, of Brookridp Shopping Cmter, Inc. submitted a P.U.D . application to rezone the Brookridp Shopping Cmter from the B-2, BuaiDNB Diatrict to a P.U.D.; and WHEREAS, the total lite al the Brookridp Shappiq Center mcom.,._ 7.9 _._ and ill currently developed with a 59,175 aquare foot lhopplnc cmt.erlafflce compln; and WHEREAS the propoeed mini Nlf -ltorap UR ill not a permitted UR in the 8-2 Zone District, but can be permitted if the J"8IOIUDI to P.U.D. ill approved becaUR the rezoning proce81 provid• spec:iftcity OD permitted UN and lite amenities; and WHEREAS, the propoeed P.U.D, will facilitate the build-out of the Bn>akridp Shopping Cmter by permittin, the develapmmt al Nlf-atorap unita OD the under- utilized eut.ern portiOD al the lhoppiq --lite; and WHEREAS, the propoeed P.U.D. di&n 6-the carnnt B-2 ..._ Diatrict 101UD1 althe lite in that Nlf-at.onp ill l*opowl u a ,-.itted w; and WHEREAS, the En,lewood Planniq and Zoaiq C-milROD held a Public Hearing OD Oct.ober 8, 1996 reviewed the prapaul and found: 1. 1be P.U.D. Dilltrict plan with the additianal canditiou wu in conformance with the district plan requinmenta and the comprehensive plan; and 2. All required docummta, drawinp, referral8, recommendatiODe, and approval8 have bem ..-wed; and 3 . The P.U.D. Diatrict plan with the additiODal caaditiana ia conailltent with ~ and pnerally IICClpUd ltaDdarda of development in the City al Eqlewood; and ,. The P .U.D. Diatrict plan with the edditiODal caaditiana ia .ubetantially NJDailteDt with the pala, objectivee, delip ,uidelinea, policiN uul any othar ordiDanc:e, law or requirement of tha City; ud -1- .. I· • 0 '32xl \ • .,~-------------~---------- 0 ·, - WHEREAS, the Englewood Planning and Zonin, Commiuion recommended approval with additional conditiOD8 to the P .U.D.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sed;jon 1. The Englewood City Council finds that: 1. The P .U .D. District plan with the additional conditions ii in conformance with tbe diatrict plan requirementa and the comprehenaive plan; and 2. All required doeumenta, clrawinp, referral,, recommendatiOD8, and approvala have been received; and 3. The P.U.D. District plan with the additional conditiona ii comiltent with adopted and pnerally accepted atandarda of development in the City of Eqlewood; and 4. The P .U .D. District plan with the additional conditions ii BUbatantially c:omiatent with the pall, objectivea, design pidelinea, policiea and any other ordinance, law or requirement of the City; and Sgtion 2. The Planned Unit Development attached u Emibit A fer a portion of the Brookridge Shopping Center ii approved with the foUowins -ditiona: 1. Centennial Avenue: 2" caliper tnea apaeed 20 feet apart abaU be planted &om the comer of building 2 to the eut end of building 8 . Belleview Avenue: 'lwo additional honey loc:uat tnea, 2" caliper, iutalled on the northeut, to -tinue the plantiq patt.ern mown aiona Belleriew. 3. Parkmi Aialea: Two 2" caliper tnea abaU be planted OD the wwt end of each parking aille neareat the abappini caater .tructure; tbia will compriN a total of 10 treN, two for each parkiDi aiale. 4 . Irrigation: All landacapin( OD-aite abaU be irripted. 5. Fire Acceu: The developer abaU raolve the il8Ue of -erpncy -for fire vehiclea to the Fire Manhall'1 AtiafactioD, apecifically: A. The turning radiua for fire department aeceaa. B. Any portion of the facility or any portion of an aterior wall of the tint atory oftbe buildin( muat be located within 150 fNt from fire department acceu u meuured by an approved route 8l'OIIDd the ateriar of the builclina or facility. 6 . Uae of Storap Unita: The ltorap unita abaU be uaed for •atanp• ODly. 7. Prohibition of Vehicle Rental: 'l1lere abaU be no rmtala oftnlcb, trailen, or can from thia lite. -2- .. I . 0 • . .. ·, • (, 8. Character or l>eYelopmeat: 'lbe developer lhall uae the ume facade mat.eriala, colon and an:bit.dunl c:bancter for the mini-storap unita • ia uaed in the remainder of the Sboppini C.ter. 9. Roof Style: 'lbe mini-etanp UDita lball have pitcbed nd linee. Introduced, rud in full, and palled OD tint rNm111 CID the 4th day ofNOYaDber, 1996. Publilhed u a BW for an Ordinance OD the 7th day ofNcmimber, 1998. Tbomu J. Baraa, llayor ATTEST : Louc:riabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Cln oftbe City of&a,lewood, Colando, b8nby certify that the above and faretoinl ii • true copy of a em far an Ordinance, iDtrodueed, read in full, and paaed CID tint reediDi CID the 4th day of NCIY9lllber, 1998. -3- . ~ ~ .~ ,, ' ,, ... .. : • • • 0 . .. f 32xl • • • DWIGMT AL.to,N MAMIL TON CL.YO[. A FAATZ , JR .JOMN T WILLSON ••'IICMACL [ GU,.L[.Y JAMCS f"'I MARLOW .,HlN C M0NTGOMC"Y G"EGOlltY W AMITH flltOeun L aAIIITMOLI C CH1t15TOPMUI .J W ,.0 ... [.ST M[.GMAN tic. WE.LC'1 0 • HAMILTON AND FAATZ A PRO,-ESSIONAL. CORPORATION ATTOflNEYS AT L.AW THE COLO,-A.00 STAT£ IIANK BUILDING ,eoo BROADWAY . SUITC aoo DlllfVBB, COLOBADO 8011011-48118 TELE.PHONE 13031 8.>0·0SOO ,.ACSIMILE l.>O.>) ae0•'7••• City cl Englewood City Council 3400 South Elati Slreet Englewood.Colorado 80110 RE : Case P.U.0.-88-01 Brookridge Shopping Center Planned Unit O.V.lopment South Broadway and East Belleview A"9nue First Reading Befof9 Englewood City Council Dear City Council Members: • 9 -a i 01" COUNSEL KENNCTM W CAUGHEY PIERPONT F"ULLER tteo•-•••>• .JOHN M . EVANS This law firm represents Patricia Bemea, William Barnes, James Michael Barnes and the Ellen L. Clarida Madden Trust (herelnaftar colleclMly "lhe Trust"), fN owner d property at the comer d South Bfaedway and Eat Beli..iew (lhe former Amoco gu llatior't de). Brookridge Shopping Centilr, Inc., through Mr. J. Michael Spriggs, ha filed a Planned Unit Development ("P.U.o.i propoaing construction cl a "minl-atorage" bulir-. on the pa,cel adjoining the Trust's property. Our client ha aslcad us 1D addrNS MWH'81 issues d concern It ha. This law firm appearad on behalf cl the Trust bllar9 the EnglatTJOOd Planning and Zoning Commillion on OctlOber 8, 1888. At. that hearing, counMI for the Trust 19questad that the Planning and Zoning Commission allow a brief ....... d time in which 1D file a written position statement with the Commission, but auch 19quat was denied by the Commiaion. Atttlllt hearing, the Commiaion appr'CW9d aubmluion cl the P.U.D. 1D City Council by a vote of 3 to 2. The Trust now dNirN, • the owner cl property adjacent to this proposed development, to wice Its oppolition 1D the proposed P.U.D. The TR.Ill conan wlh e. concerns railed by olher adjoining property owners and coucemad citizens at the neighbomood meeting and Zoning Commiuion mNting. The loclllion d a ltorlge unit opelllticll, in this neighborhood would COl'lltilulle an Industrial UN, which is net appropriate either for rNldential neighbors or for the lhopping c:erar UNS ~ the L .... 1nticlpatn. The Truat is lllo concerned about lncr1111d traffic, nolN, lack d a1 llhlticl with the aunoundlng architactu,., and insufficient landlcaplng 1D blend I· • .,------------------------- OclDber 30, 1998 Page2 '· . ~ • In wlh .. Mlghborhaad. Mal9cww, ther9 ha bNll a conllnulng psablem, e1nc,e the mini- storage Industry w tlrat llartlld In the Ilda 1870'• d paablenw wllh the ulfl11•1->n d .... unll b IUlclt purpoaea, such a for a1IDrllge d--. gooda. and• lacallol• far fflllla1iphllll,•• and crack oocaine laboralDriN. 'The TRIit la clNply ODIIOll'Md about .. lk:t d ..... palerlllal activlliN It the .... nat --a landowner facing pallntial premi-liablllly --. but alao aut d concern tor the ...._ ... d the ~ Mlghborhaadand .. bullrlllSw and cl-, ...... wlltlkl the ahapping cenllr. 'The fact that the LNMe intanda lo employ a 24-haur Naident .-,'Cl It the fllcilily highlighls the pallntial for trouble at Illa .... Finally, thera ha been an iicrH1ing p,ablem, partlcularl)' on the Eat Caaat and W•ea.t. d llegal dumping or dlapaul d Die wall or cl-, hazardoua martala in privata atDrllge unlla. GMn the dramdcally iicr1111d COit ,...... lo Die waa1II handling and diapoul, Illegal dumping ha IM'lfalulllllly became a COit~ alernalM 1o legltimata wam diapaul. n.. ha allO bNII an m1111d pr111nce d organized crime elemenla l9l'lling and apending such illiclt diapaul ...._ The Trust la extremely concemed about the palerlllal Impact d such acllvltiN on nelghborhaad rNidenla and the environment Therefore, the Trust, a IN aimple lalldowMr d the prapertr .t;oinklg the propoMd development, ~ CIPIIDIN Illa P.U.D. ---I la nat in the bNt 1-.... d the surrounding communlly and 1Nldenlil. 'The TIUlt "'IN the City Council 1D reject thla proposed P.U.D. Respectfully aubmlllad Illa 30lh clay d Ocmber, 1188. cc: Patricia Bame. aw-JI. ~J.W. ForNlt 1800 Blaaclway, SUlll 500 Dlrw,Calcndo 80202 (309) l30.a500 . , •. .. I. 0 • OWI G ... T ALAN MAMIL TON CLYOC A ,-AATZ . .J" JOHN T WILLSON MICMACL It GURLCY .JAMI[$ H """"LOW .JAN C MONTGOMCRY GftCGOflY W Sfl••IITH 111toeun L ...... THOLIC CH .. ISTO,-HEflt .J W ,-Ollt,tCST MCGHAN ~ WE.LCH 0 I• - HAMILTON AND FAATZ A .. "0"1tSSIONAL co".-o"AT ION ATTO .. NIEYS AT LAW THI[ COLO,.ADO STATC BANI< BUILDING ••oo BROADWAY. SUtTI[ aoo DIIJfVSR, COLOLU>O 80801t-48811 TE.LE~ONI[ l>O>I •>o-o•oo "ACSIMIL.lt C>O>t eec,.7ea• City of Englewood City Council 3400 South Elatl Street Englewood,Colorado 80110 RE: case P.U.0.-88-01 8lookridge Shopping Cerar Planned Unit 0.-lopment South Bralldwlly and Eat Belleview A"9nue First Reading a.tore Englewood City Council Dear City Council Members: 0 ... COUNSCL t<l[NNCTH W CAUGHE Y Ptl[RPONT ,-ULLCR 11•0•-•••3) .JOHN M £VANS 11e11-1ee .. 1 This law firm ntptWnts Patricia Barw, Truatae of the Ellen L. Clarida Madden Trust (hereinafter "lhe Trust"), fN owner of the ~ ......,._ property. Brookridge Shopping Center, Inc., through Mr. J. Michael Spriggs, hM filed • Planned Unit Development ("P.U.0.1 propoaing construction of• "minHIDrage• 1g1,... on the aoutheast comer of the abcMI ,...ad property. Blookridge Shopping Cenlllr, Inc. cpa:1111 lw lhappiig Clflllr pwsuant 1D a long-llrm Lwe wlh the TRIil Our client ha askad us lo addlW .....a ..... of concern it ha. Thia lawlnn lff 111'1d on blhlll oft. Trust and Ma. Barw blb9 the Englauiaod Planning and Zoning Commlsllon on OctDber I, 1888. At. that hearing, counNI for the TNlt 19q1 1111 Ii lllll the Planning and Zoning Commls1lon allow• brW .....ion of time in which 1D file a wria.n poaitior't s1lllllment with the Commisllon, but IUCh Nquelt WU denied l,rlw eomm·11iD+L At. that hearing, the Cornmil8ion appruwad submiNlon of the P.U.O. to City Council by• vata of 3 tD 2. The Trust now dNirN, • the owner of the property underlying this propoMd d9v91opment. 1D voice Ila oppoaltion lo the propoMd P.U.O. Counlel tartw Tut lliNd bafore the Planning and Zoning Commisalon the issue of whether the Planned O.V.lapment Application (dached hel9tD • Exhibit A), is pnadurally Invalid, for failing lo pnMde the wrill9n authorization of the landowner. The Pllltlld Dlu .,...,. Appliclltion cllllld Slpelmber 11, 1188, rapl'lllnll thlt 8laolcridge Shcppiig Cenllr, by and through Mr. Spriggl, is the property owner. This r9PN11ntation "' • 0 • October 30, 1996 Page2 0 I • • la. In fact. inconect, as Brookridge Shopping Centar la a long-arm l.Nw, and the Trust ii 1w fee simple owner dlw underlying property. The Planned Development Application, Exhibit A attached, requires that If the Applicant is om the owner d the property, the Application must be accompanied by the written authorization for such action signed by the owner or OMl8IS d lllid land, together with a l1a1llment signed by the owner or owners that they agree 1D be bound by the 19gulationa and conditions which will be effective with the approval and '9COl'ding d the O...lapment Plan . It ii undisp 1111d that no such written authorization and atatament was ...., requested from lwTrust, orsubrnilladwilhlw P.U.D. Application . The L.Nsee's rep,wnlatNe asserted at the Commialon hearing that, in reality, no such requirement was necasary for a Planned Unit Dellelopment. but the Trust has as d this date not received a utisflldory ecplanalion d why its authorization is not required for the CW<l9lopment. In fact, although 1w Leaee began ils plans tor the storage unit development u Nrly as February d 1996, the first notice d any type that the Trust rec:eNed wu a generic Invitation, dated September 18, 1996, sent 1D all responding property owners regarding a neighborhood meeting on Ocmber 1, 1996. See Exhibit B atlached. The Trust is deeply concerned that the l.Nw has not pnwiously sought Its involv9ment or coope,ation in the -..lopment or plar.,ing, IIFPicllliOii Md d9 1lapment d this project, particularly in light d the fact that, pursuant to the Brookridge Shopping Centar Lease, all im~ upon the property revert to the Trust upon termination d the Leae. The Trust concurs with the concerns raised by adjoining praperty owners and mamed citizens at the neighborhood fflNting and Zoning Commiaion fflNting. The laclllion d a lblge IN opllaliol, in this neighbomood would constilulll an industrial UM, which is not appopriate either for rNidential neighbols or for the ahopping cenw uses ~ the Lease anticipalN. The Trust is also concerned about incrNud traffic, noise, lack d a1ll'elica with the sunounding archillctLn, and insufficient landscaping to blend in wlh the neighbolhood . McRcMr, thef9 has been a continuing problem, lince the mini- storage industry was first arted in the !ala 1970's d problema with the utilization d ...... far illicit purpoees, such .. for ... d stolen goods, and as locations for rnellarnphDTlil• and crack cocaine laboralDliN . The Trust la deeply concerned about 1w tllc:t d thNe potential activitiN at the •. not only as a landowner facing polantial premiw liability luun, but also out d concern for the raidentl d the adjoining neighbolhood Md the~ ow.. and other..,.. within the ahopping cerar. The fact that the LNw int.nets ID employ a 24-hour rNident guard at the facility highlights the potantial for trouble at this •. ' . I· C • ·:---~--v----------~~ , OclDber 30, 1998 Page3 <. • Flnlly, '*9 ._ bNn • ia111lng p,ablem, pallculartr on .. e..t eo..tand W..ca.t, dlllgal dumping or dilpoul dlalllc walll or-..__. m•lillla In prtvat .... unll. 0--. the dlamlllically ia:1111 d Galt ...._. ID lalllc walll handling and dilpaeal, llegal dumping._.........., ...... a aa1IIIIIIIM lllfflllll"91D....,....walll-aul. n..._a110bNn•lu:1111dpr111noed agaada1me-. •• 111Mlillngandope11111ngeuc11111a1 ,,, _. ...._ Ollilalllr, .. TIUlt•lll_..la ... J.ODIIOlfflld about la d111gilllon • a J al1111al ........ party tar cleanup or ....... l9llding ti, Illicit 11111c walll •111, .........., under taderal CERCLA ............ and EPA NgUlllliona. I la allO ...-ODl--..l llbout the pallnllal Impact d IUCh ac:llviliN on neighbolhood INldlllll and .. awllal!IMN. Therefa9, the Truat. • fN aimple landowMr d the pn,peaty 1111C1e1tw1no the proposed dawlapment. etNnuoully oppa1• thla P.U.D. • pnmclulally lmpaper tar fair.a 11, Nein .. approprfa partidpallon and ......... d .. unclelt,lng lalldcllwna, and because It Is not In the beet inlllrella dthe eunaundlng community and '9lidenla. The Trust urges the City Council to l9ject this plapowl P.U.D. Reapectfully aubmillad thia 30lh day d Oclaber, 18N. cc : Patricia eam. HAMILTON AND FM1Z, ~ llarnllon aw-A. FMtz. Jr. ~J.W. ForlNt 1800 Blaadway, ... 500 Olrw, Colcndo ao:m (30S) 8304500 - ' ' ' , -. t·'I .. . • 0 1 a2xl • .---~---~-----------~---- •, • .. ) .AMwal...._l'nlplftJ: 5102-5198 s. Broac!vay • 35-1'5 E. Centennial, Enj1•vood oiio Afr' r, Nial: J, Hisbui spriqq• ~ 1505 Cottonvood ,Lane Littleton. co 80121 Tll1phae· qp3) BU-HU 11op1rty0waer'1Naae: Brggkri4qe Shopping Center. Inc. Addrell:BfAO E Pcenttce lxenue Ste, 1149 lnsllY994 Co 10111 'tll1pb=w· (303} 843-9911 PJopoeeclU.alProplrty: B2 (Shopping c9nttr> and 11lf-atorage •& .,._, lllrwilh is die ........ af m.1R flir dii ..._. Dec riot: sA f,n la......_ I ~ :ad1r..SdliliwiDN ...... ID~-......, ...... •rsrWA•tli6• .. Dlllill mol C1 Hfllliq Devil~PNM, a ID 8 ... 6j -fl• ..... re af .. ..S .... at• Nile~ .._ .. at, ....... AZ....,C.. I d1 ... lllllailllCi&JCGwl,. ...... C... 11 I .. il i110•palllc:illlllelltollollla......_•6il1111ilipMia Spriqoa BrookridQe Sho~ino Center. Inc. a:.R\ ... [ ti, 1996 -Jrt111111,1, ...... _ ..... ., .. ......,,.. I IT ---m ,, I a, ..... miiiliiallilDlil_.M;ioaMfDrlucll_..lfplll~-OWllr•.._.afali.... ......... _ __.., .. ) w•owaasdll&N~toie._..llJ .. 111 In ... ,,.._..._.._..._._. .. .....-... ,.. .. af'dllDI: 1las• • • JIIIL __ _. . ' • . .. I· • 0 f 32 x l • • t~ - '· .. ~ BROOKRIDGE SBOta)JNG CENTD. INC. e ... ICMt....._A,,__ ... ,~b&f .... co •m • Clll>NMhl • WAXCIN)...._ lrpc a 1, 1"' : ._ L a.WaMnt•• Tllllt ~ ..... -ffl3W.O.W.A~ U::lrm, CO •123-494 U:s1001........, Latl .... l Latl,llolkJA ............ Dear Praperty 0...: ~., ... cw ......... ,, ,.·,,, Pl Aran ••v. =' •:~1211 il•llr1111,.a,a&y..._.,. n Hs .,,,, ... ••• en, • .._..,._....._ .... ..... A._.ia• 111 ••'-Cal--'1111 ....... Ullln. Cf ,,.. ...... .. ........ M111a-••t«r: ............. 111 To•...._,aalD11111 ...... JIUD,a WSa?na•a PIQZ171 ... •,,,...,'l\aata.,, or._'· '"'•'•"'••c ,.,.._ • ... ,.. ..... aa,11111.,..,, .... -...,, ,21 .. c 1a • Jt,....,...,, 1d•n11 ·,11111,.111 .................. . 143-tPll . ... ..,. BrnoHrl.ls .... c.w ... ~~~It .. I· • ' ' 0 I • • l . . • 0 • I . -----------------,,........---------.,----------------------------- (l • - <. October 28, 1996 RE: PUD Rezone Request for BrookRidg'C Shopping Center TO ENGLEWOOD CITY COUNCIL: I'm sorry that I will not be able to attend tbc public bearing; I will be out of town on December 2. However, I have been opposed to this development from tbc first notification, and hope that this letter will help you understand my conccms. This application is a request to change the permitted uses on a portion of a shopping center from those uses normally permitted in a B-2 Zone District to a PUD with Mini Storage as a permitted use. My first reaction was that mini storage is not a compatible use with tbc area (especially tbc single family residential immcdialely adjacent to the cast). lll..fE. Bnrlewoo4's 01.Y C-Odc QIIJ'CQdy mix PtDDi&s rnioi IIAAF in the 1-1 IQd J-2 JodnsttW 1-0oc Djstricts. Since the applicant uscns that this is an old code which baa not been updaled to meet tbc changing times, I decided to check other cities and counties in the Denver metro area to ICIC whft mini ltOra(IC UICI ~ pcrmiaed in their coclea. I found that in most of tbcsc jmisdiaioas, mini lknp is permitted only in heavy commel'Cial or light to heavy industrial zone disuicts. To summarize: 1. Aurora -penniUed only• a awlifiioall use (public bearing), but considered to be a '1igbl induslrial use". It is a public bearing so that COlllidention can be given to impacts on sunounding UICI. Nolle lbat a recent cac wbicb was approved adjacent to residential uses was required to change the design so that ttaffic would not go through tbc ~tial area, and the developer .. n,quiled to erect • brick screening wall. -1- •. .. • 0 (I (I • • . . . ... 2. Arvada-permitted only in 1-1 and 1-2 Zone Districts. 3 . Lakewood -Permitted in C-5 (large lot commen:ial) and Industrial Zone Districts. 4. Littleton-Permitted in 8-3 (Geoeral Business District), 1-1 and 1-2. Note that 8-3 is the most intensive commercial zone district, allowing some kinds of light industrial uses (i.e., assemby of prefabricated materials). 5. Northglenn -Permitted in 1-1 and 1-2 Zone Districts. 6. Thornton -Permitted in Regional Commercial and Industrial Zone Districts. Regional Commercial zone districts ~ located on major arterials, and ~ not to be located adjacent to residential zone districts. 7. Wheat Ridge -Pamitted in PD-C and PD-I so that impacts on adjacent uses can be taken into consideration. It is consideml to be a "semi industrial" use. 8. Arapahoe County -Permitted only in 1-1 Zone District. The impacts of mini storage on single family residential uses include aesthetics, increased truck traffic, inaea8ed aime, more activity during those times which commercial uses ~ normally closed, illegal activity, etc. Additionally, storage &mas have also been used for illegal "dumping" of materials which cannot be disposed of easily (including toxic malerials). Mini stonse is not a use that is permitted in the 8-2 zone district in Englewood. It is, however, permitted in 1-1 and 1-2. Compare the 8-2 Zone District intent statement with that for 1-1, which states, "The 1-1 Industrial District should be located near major roadways and truck routes so that traffic geaenred from the Industrial District will not flood the residential sbeets in the area. The regulations for this District ~ designed to stabli7.e and protect the euential c:banicteristic of the District • well • the ~ IUITOUllding the District." -2- ' ' .. • • 0 '32xl (I • • t• • The Planning Commission Communication prepared by F.nglewood Planning Staff states that the "self-storage use CWfflllly is not pennitted in the B-2 Zone District, but is compatible with the Brookridge site". I cannot understand how this is compatible with the site or the neigbbcrbood, nor does F.nglewood staff support this litllelDCllt I would like to point out that I was misquoted in the Planning Commission Minutes where it states on page 7, "Ms. Sangster staled that the only reason that she could see any compatibility of self-storage with the existing development is topographically." What I actually said was that F.nglewood Planning staff iq,ort gave no evidence to show that this use is compatible with the surrounding neighborhood. The only support given to this alleged compatability by staff is that "the unique topographic characteniscs of the site do not lend themselves well to conventional retail or office development". No consideration was given by either the applicant or staff to site design issues such as aesthetics, traffic control, landscape buffering or fence screening. In those communities which have heavy commercial or industrial 1.0DC districts located adjacent to residential zone districts, consideration is given to the impacts on the residential uses, whether through site plan review, screening, or landscape buffering. Consider the following: 1. Aurora -each case is considem1 on its own merit, with special consideration given to impacts on adjacent uses. Sec #1 above under a discussion of uses. 2. Arvada -All mini storage areas must be properly screened. 3. Lakewood -all COIDIIIIClcial ~ requira landscaping of• least 15' on the street f'rontaF. The code also ffllUires, at a minimum, a buffer area with at least a 5' scn,ening feacc or wall Oil the property line which abuls residential UICI. During the site plan review process, heavy landscape buffen are usually n,qund where mini storage abuts residential uses. 4. Littleton -requires a 10' landscaped area adjacent to all abutting street rights of way. Any boundary of a mini storage use which adjoins or faces a residential district must be buffeml by a landscaped area of not less than 10' wide 111d have a -3- . ' • 0 '32 x l • • (, solid screen fence. A PD-C or PD-I which permits mini storage and which abuts a residential property must have a 50' landscape area. 5. Northglenn -mini storage adjacent to residential uses requires a 6' high opaque screening. 6. Thornton -H mini storage is located adjacent to residential, code requires a landscape buffer at least 15' wide, unless a different type of buffer that creates an effective visusal separation between properties is approved. 7 . Wheat Ridge -Commercial zone districts require a 15' landscape strip on all sides of any development. 8. Arapahoe County-Permitted mini storage at S. Holly Street and Ii. Arapahoe Rd. as a PD; however, this project is buffered with landscaped setbacks of thi(\)' feet. Additionally, the PD required sign-offs by the adjacent Homeowner's Association on all aspects of the plan, including access points, pitch of roof, colors and types of materials, etc. In the 1-1 Zone District in F.nglewood, a 10' setback is required when the site abuts upon, adjoins or is adjacent to a residential zone district. Under the category of Screening in the 1-1 Zone District, the City Code states, "In an effort to lessen the incompatibility between a residential district and an industrial district where those districts abut, adjoin. or are adjacent, one to the olher, it is deemed ncccssary that the owner of the use in the industrial zone district take cmain measures to protect those persons in the reudeatial district." The code goes on to state that Ibis tea foot ldback area, "shall be laridlcaped with lawn, tn,es and shrubs of boda a deciduous and evapeen variety, or u an alternative, the portion of the property which abuts the raidential zone district shall be smmed by a decorative, closed-face or solid concrete, block, wood or brick fence not less than 6' high." The proposed plan provides for some evergreen shrubs and 5 deciduous trees along the SIRlet frontage (which is a major entry into the BrookRidgc Subdivision) and no greenay at all where the parcel abuts homes. Additionally, the fencing along the main street entry is proposed to be chain link . .. • ~ . IJi 11~'1'1''~ j1-1:,~,, J!IJlif'1~!i r a t . i l · I I s i e: e I r I I~ a. i ~-I ! § §8 lier~ :a-cl -a:o_a i,a ... _· is flli iiii .I unru s s Ar a. · ·1=-·l1J ! · 1(1 f ~· l 'I lJ ~'(! •-alr· · I· ii'f s:, :-i't~• . ~,1,~il1I t' 1 tt!i! 1ll1 1 1!{IJ·-I; 1,1 ''J· illJI! ·tl, · ht 111 If .. fl f J {hi ·[I s~ ·· Iii lidl~l ti• -SI -l. ~r lt1i1 ii r ·,1 111 ( =: .. ra 8:11:I · lia. · t•a. "11 't" 'ht; s .f If f ' I . •.III If ; .., ii It I [I J1.flil1tll II} 1 i11tlll!i1 I .. ... . 7 ( . (I (I • ·, • .... it very clear that they are concemcd about impacts on their homes -the impacts of ttaffic, crime, property values, aesthetics -and none of these coocems have been taken into account. Adjacent homes are separated by ten feet of gravel mulch, and no fence, from this industrial -type development. The proposed architecture along a main entry into the subdivision is large expanses of stucco walls with green metal roofs. I would like to point out that the applicant, at the neighborhood meeting on October l, 1996, told us that the development would be compatible with the residential neighborhood and that he would design the buildings with siding and masonary pillars, with asphalt roofs. In looking at the proposed site plan, it shows a "6' high fcooc" around ~ of the project. What type offence is this? Will we have a six foot high chain link fence on .f.Centcnnial Avenue? Tbcrc are tbrcc storage buildings accessed from IF.Belleview Avenue, that cannot even be seen by the manager whose office is on ~tcnnial Avenue, and these buildings are not feoc:ed al all. Dan Stocking, with the Littleton Police Department, stated that mini-storage areas lllllil be fenocd to conttol aime; if this proposal was in Littleton he would recommend denial. No consideration bas been given to traffic on -k Centennial Avenue . This stfflel is already very busy, with parking on both sides and a lot of traffic entering and exiting Burt Chevrolet. This is whele their transport truck unloads cars, adding to the CCJIIFStion. Since the entry gate is only forty feet from the swet, what will happen if one forty foot U-Haul rental tnack driver stops to go into the office to pay a bill and another truck wants entry? They will have to stop in the middle of the street! Entry into this type of facility from a minor collector street is not good planning. I am totally opposed to this rezone. However, if Council determines that this use is compatible with the adjacent residential uses and approves the application, then I would request that the following be made requirements on the PD Plan (not just added to the site plan): 1. Minimum setbacks of al least ten feet oo all sides 2. Fence standards to include: All storage units must be oompletely IUrmUDded with a fence al least six feet hip. The fence alona '1· Cemennial Aw must be -6- . . • . I • 0 '32xl ( ' ( ' • 3. 4. 5. 6. 7. 8. • • t~ • · .... -----• ~-.. -,---,. wrought iron; the fence on the east side must be wooden privacy; the remaining fence may be chain link. Landscape buffer on F. Centennial Avenue must be at least 50% evergreen and be at least 5 gallon size. Hows of operation should be specified. I ~mmeod 7:00 a.m. to 9:00 p.m., closed on Sundays. A note be added to prohibit retail or wholesale sales, auto repair, auto or furniture painting and refinishing, electrical equipment or electronic repair or assembly, or any other' like repair, refinishing, or assembly activity. Also the prohibition of truck and trailer rentals. f. Prohibit on-strm parking on the north side of 1V. Centennial A venue . Post signs on all Brookridge residential streets restricting truck traffic to 6,000 pounds empty weight. List specific an:bitec:ture standards on the PD Plan . I mcommeod that the units adjacent to the street and/or residential properties be either brick or siding with asphalt shingle roofs (as promised by the developer). Interior buildings can be stucco with metal roofs. Thank you for your consideration of your neighbor's concerns . I would be happy to discuss these issues with you at any time. Sincerely, t;~S~ Babette Sangster 0 5200 S. Grant St. Littleton, co 80121 789-2151 -7- . ( . . . I • • PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO CXl.NTYOFARAPAHOE }• I, a.wfl J. 1,-,.y do 80lemnly .... ta I anh Al PWfM/1,,....,_d .. ~,,.,. ........ a~ '*"IJlll8 pdatm h,. ~ of Ullalon in lhe Couny of ......... Stale of Qmfada , and has a gerw11 ciaaliDr'I hnlit; la said IWI IPl$M ta been pubHshed continuously and ~hsaldCculyd .... tor a palod d ITIDl8 lwl 52 _.. plorlD .... pM:allDn d ....... nab, ... 111d f'6MPIP8I' ii "*"9d In .. FOIi Olla d Udaln. Cobar». • aixn class mall matter and that the said newspaper ii a newspaper within lhe meaning of the act of the General Assembly of the State of Colorado, appnMd Mardi 30, 1923, and enllled '\.egll NDlal and~ ant other acts relating to the p,trClng and publishing of legal notice and was ~ln .. nQ.Slnt ....... d said ,. ....-. once eKl'I WNk. an ,. --d ea:t'lweek. for a period of ········ ...... /. ·········•······· consecutive insertiOns: thal the Int publication of said notice •• In the ~ .. ,t.{R and the last Pl lblk:aliOn of said nollct ... In the iaue of said newapaper t. • CITY OF ENGLEWOOD -·. 4 __________ ............ ===-=.==n·-;--____ ·----______ _,,_..,_ -··------==-& --·------·-·1 _..,... ...... ..,_ ..... .,. . ·----· =---..--· ...... .. ------&. :::==r.::-.:-~:.-=-... -·-_.,. ---------...... ---.::= ....... - . . .... I .. ·--- ._,;· , Wr, • ·, .. -___ ............... PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLOAAOO CCl.NTYOFARAPAHOE I, a.Ml J. He*y do 90lermly .,.. hill I an 118 Alllllldlnf and W.d 118 Ell(/IIWIIOOd ,--hll 118 ane ii a wealctf ll8WIIPIIP8I' pdstat in .. Cly ol LltlatOn in lhe Couny of Allpalloe. State of CoaadO , and la a general ciaJlllliDn bnlin; ... said~ ha been published continuously and ~insaidCQ.ayd ........ tor a period d mcnt hln 52 wellca ptorlD 118 b pd:abl d .. n..t nallce. ... said -..papa ii ..... in .. A,11 Olice d Ulllan, ~ • eanS class mal matter and that the said newspaper is a newspaper wllhln lhe meaning ot the act ot the General Assembly ol the State of ColoradO, appnwed Maich 30, 1923, and enllllld '\..egal NoticeS and~ arll other acts relaling to the prlrting and publishing ot legal notice and was pdltat inl18 rec,.a _ ... __ d said r.&Wl!IPII*, ora 8Kt'I week. on .. ... day d em:t'I waek. tor a period of .............. / ...............•.. consecutive insertions: thll the first publication of said notice was in the ~ ~ ~ ,.,...,,,._d-.d /~ ... 7 .. ,i.~ and the last plbllcalion of uid nollce wat in the laue of uid newapaper .... . ,. - , ----........ ,, CITY OF ENGLEWOOD ----· --------·--·=--• --=.=... 1 I -.-----·-------~-... -___ ,. ___ ...... -& -----· E --.-IN ·. _.,.... ................ -.--. so& ---.--· ______ ....., ______ & :.:=.---:-.:----::c:... ... --·---------- ·-----·- _ .... ---== ----- I • • • . . ' CEITIFICATIOI C J Board of Ad.1•staent ud Appeals [ J Ctty P11Mtng &ftd ZOfttng Coatsston ()c] City Council CASE m. PUD 96-01 0 F POSTIII AttacMd ts a pholop'apll of a sttn as tt 1s erected°" the foll•tng described p,.,.,-t,. Address: Brookridge Shopping Center Southeast corner of S. Broadway and E. Belleview Avenue Legal DescrtptiOII: Midway on S. Broadway along west orocerty line from the north. -l - .. • ; , • • <, ' I he"by certify that the above described property was posted co11tinuo11sly for • period of ,, days, fNII Noucmw '"·'''" State of Colorado toaty of Arapahoe v. ~r! Cv-t0+-\~t., La..~L A separate certiftcattoa sllould be pre.-ted for Hdl Notice of Htari119 Sip. SUdl certtf1e1tt111-, be s•ttted to tile Dlpartaftt of C-tty Dtvelopant prior to tile Heart119 or '"'eltted at tM Heart119. PCFot"IIDI -z - ' ' , • " • • <. C E I T I F I C A T I O I O F POSTIII C J [ J be] ttty Council .,.._. PUD 96-01 -·------ Attadlecl is a photovapll of a till' u 1t 11 ..-.ctecl Oft tM t.11w1119 described ,,.,.f'ty. . Address: Brookridge Shopping Center southeast corner of s. Broadway and E. Belleview Avenue L .. al Descr1pt10ft: ~..:.M.:.:;i;.;d;..;.w;..;a.,Y...;;o.;.;n ....... E ... _c;;;.;e:;.:n:.:..;t:;.:e~n=n;.:i:.:a:.:l;....:.:A~v-=e~n.:ue:....;a:..:l::..:o:::n!:l9L..!:a:!:o:.!:u~t;:.:h:._ Prooertv line fr2m the east, -I - ....4'. • . .. • . . '' _, ,_,,_ y .__..' I hereby certify that the above desc:rtbtd property was posted COfttillUOUsly for a period of , , days. """ doucndacr / fa I 714 ' to ------....Jl>-1111!!!!!1C11111~liilf12t11.aiaea.&..tr~Jll!!~!..t,.J.l...1.CZ-1C1..11C,._ 5 ~.~~~~~~---~------~~---~ State of Colorado C:O..ty of Ar.,._ -~---- .e.,~,,,.-•ge. Dite 11-1,-,, ... Coatsst• ex,tres: ---------- A Hparate certlftcatt• sllould be Pf'9Mftted for •a Notte. of Httrt111 Stgn. S.C. certlftcat1111 -., be sullattted to tile Dlpaf'bllllt of C...tty Dawel..-..t prtor to Ute 11Nrt119 or PNllllted at tilt Heart ... PCFOf'IIDI -2 • • • • • .. CEITIFICATION [ ) [ J (x) City P11Ming and Zoning Cclat SI 10ft cu, tounci l ..... -• PUD %-01 -·----- 0 F POSTIII Attadled 11 a pholop'apll of a Sill' u tt ts •"cted on tM folt-1119 clescr1Md p...,..-ty. ~s: Brookridge Shopping Center ... . ., southeast corner of S. 9roadway and E. Belleview Avenue Lot•l DnatptiOII: Midway on E. Centennial Avenue along south orooerty line from the west. -1 - • ; • • - (. ... -·---·--··----· ·.·. -· .. ----·---- ._, __ "-'·-·. I hereby certify tllat the *we descrtbed '"""Y was posted c011linuously for a period of -~/7 ___ days, f1"oll e/lY'M!,4y,.y i 'it 1 i 19'- to __ -.Jt)-•.c .. a.os-lM&ll:;ll&.l-.aa.=-4,~I 1 ... , ....... c,, __ :------------ rtM1 · £,-.,~ Si1Uture .. ,Ce:e4J'I~ ... IJite u-,,-,, 'l 1-zo/z.ooo . A separate certtftcattoa should be pre1e11tec1 for Nell IDttce of Neart119 S1tn, $lldl certtfte1tt11 Illy be ••ttted to U.. o.,., It ef C...tty .,..,.lopaent prtor to t1'e lleart119 or pre1entec1 at t11• Heart ... PCForao, . ' . • • ,. • '· ' -··---··----· .. --·' ---·----·--____ .............. -· .. _ ...... ----·---- CEITJFJCATIOI OF POST INC [ J Board of Adjustant ud -.ie11s [ J C1ty PllMing and Zoning eo..tsston (x) City Council CASE.. PUD 96-01 .... ,! .... ,! Attac:Md 11 a pllot.ograpb of a 11111 as tt ts erec:UIIII • tM fe11wt .. -.crillell prepel"ty. Address: Brookridge Shopping Center southeast corner of s. 9roadway and E. Belleview Avenue L .. al DescrtpthN1: Midway on s. Broadway along west oroperty line from the south -I - • -----------::----------.. • • <. ' I hereby certify that the above described property was posted continuously for • period of /7 days, froa /yfO>llnW 11,, 1 (jj(e to t>rc:e m ba.c a. 1 1,ci, State of Colorado C..ty of Ar.,.._ J SI ) ••• Dile +IA _(l_-___ day of c{o.J lw...b<.v. ~a,.:.11.:~ J, ~r Ztvvo £. c1'"(_~,~~L :l:v-wtL Co ~oDIS- 1 lz.o(zooo a ...,..te certtftcatt• .. 1-a .. ,......_, fw ea a.ttce ., ...,. ... st ... la certtftcattel -, a. saatttM le U. -· twwt ef C-tty ..... 1.....-,rter t. Ule IINrt .. w ,,..lated at tilt Nurt ... ,c,- -z • , . ,.._.,, • ; • • \. ··--·--··-----· .. -·. ---.-.. -- [ J C E I T I F I C A T I O I INnl of AdJntaent ud ... ls [ J Ctty Pl ... 1119 and Zont119 eo..tsst• (x) Ctty Council CASE.. PUD 96-01 0 F POSTIIC .. Atuc:Md ts a ~ of a ••• u tt ts .... w • tile fotlwi .. described preperty. Address: Brookridge Shopping Center southeast corner of s. Sroadway and E. Belleview Avenue L .. al DncrtpttOII: -AAi1Pi1P.&;;CQg&X.1JPIIIAP~tea.1y1t-t:t..hii.ea,....JDWO.i.C~tr.1bY.m1•1,1•1,1t~c~o;a,1c;;1:ni..1euc:...J:ot.1:f;__ __ _ property along Belleview Avenue -l - .... .:! • ' , • ... • . . ....~ I hereby certify that the above desert~ property was posted C011tinuously for • period of 11 days. froa ~ I w1 l 1'.i! to 7;) v ,:ttW:fl\. a , l'i 'i 4 SliJ;.1 . c,~ •• Cr.:v,il~ Jt1 MN,~,< Diti //--(6-74 State of Colorado ) ) SI C..ty of Ar.,.._ ) ni ..... ~ ..... te before -thh _ _.t __ l+_.!..-__ day of JoJ{"1(b.,(. ~~~~I. vu.r -Z t E C"n A .....-ate certifteatt• .._ld be preMlltefl fer ucll lllttce ef NNrtag Stp. 5G certlf1cati•--, lie smttt.l te tile 0.,1 biil..t ef C-ttJ DIM1 ..... t prior to tile IIHrt .. or ,reseated at tlW Heart ... PCFOl"IIIDI -z • • ; , , • • • ~. , •• ·-,..;,;..,AJ --~·· CEITIFICATIOI [ J loml of Adjutaaat ud -..,eals [ J Ctty Pl&Mi .. IIICI Zont .. c-tsst• l,c J Ctty Council CASE •• PUD %-01 D F POSTIII Attaclled is a pllotefrapla of a st• as tt ts ..-.cted • tM follwt .. described ,...,...ty . ...,..,: Brookridge Sho~pinq Center southeast corner of S . 9roadway and E. Belleview Avenue l .. al Dncrt~t iOII: _..1.A:wP.aP""'[w9"111Mi1o11JDAa.atr.1e .. 1i.1Y-....::t~h:.:::e:-..::n:.:::o~r..::t;:..:h:;::e.:a=s.:t...;;.c=:o.:.rn::.e::..:.r_o::..:.f _t;:.h:.:.e::__ oroperty along Belleview Avenue. -I - • . • • ·, • .. , 11-07-1996 6 :43Pt·1 ~ ENCLEW0CD CI TY GO VT 303 762 2659 I hereby certify tllat the above clescrtbed property .as posted CCM1linuously for a period of I '7 days. ma dtrHIICh C /, 1 1994 to 't)ac•wAMA. a,,,, 4 51~ •• J~ State of c:.1..-.. &1'1.:~Qf· .. ~< II-LB -74 bite ~oc /S--o.r ·1-.. .... -., c-tssi• e11ttres: ------------- P .3 A..,.._. carttftcatt• .... ,~ M .....-ted fer Mdl llttce of ....... Stp. 5a certtftcatt• --, M saattt.d te tile DI•• n t ef C-tty ._.,.,.._ ,rter to U. ISNrt .. er IINNatld at tile NHrt ... PCFerllll -z - .. • ; , • • • <. October 28, 1996 RE: PUD Rezone Request for BrootRidp: Shopping Center TO ENGLEWOOD CITY COUNCll.: I'm sorry that I will not be able to lllald die public bearing; I will be out of town on December 2. Howew:r, Iba~ been oppoaed to this~ from die first notificatioo, and hope that this leaa will bclp you undcntand my concems. This applicalioo is a mquest to c:baaF die pamittcd IIIC.l on a portion of a shopping center from those uses normally pamiaed in a 8-2 Zone District to a PUD with Mini Storage u a permitted uae. My first reaction was that mini storaae is not a compllible uae with die area (especially the single family residential imrncdivly adjacent to die east). la.lal:I. FP&lcwoo4's CLY Om omn&lY AAlY IFJPP m;a; N1F in lhc 1-1 1D41-2 Mnrrifl 1-0oc Qisqjgs Since die applicaal mcdl that this is m oJd code wbicb bas not been updated to meet the changing times, I decided to cbedt otba' cilies and COUlllies in the Denver IDdrO Ila to ICC whlR mini ... um ae permiaed in their codes. I found dllt in most of lbeae jurisdiclicJm, mini ston,e is pamiaed only in heavy commercial or light to heavy industrial zone distrids. To lllllllllaize: l. Aurora -pmained oaly • a ccwiCi -,I w (public llelriag), ._ comidel'ed to be a "ligbl indullrial ae". It is a pulllic ...._., .. comidenbou ca be pw:a to ilDf*U OD aal'OlllldiDa ..._ Nale dlll a .-c:ae wllida Wll 4fii0Wid adjacent to raiclra6al 11W was n,qund IO m111F the deaip IO dllt llllffic would not ID through die rai+e«i.tl Ila, ad die de¥dapei WII niquiled IO aect a brick ICffleDing wall. -1- • . .. • • • <. ,. 2. Arvada -permitted only in 1-1 and 1-2 Zone Dislricts. 3. Lakewood -Permitted in C-S (large lot commercial) and lndusttial Zone Districts. 4. Littleton-Permitted in B-3 (Gmeral Business District), 1-1 and 1-2. Note that B-3 is the most intensive commercial zone district, allowing some kinds of light industrial mes (i.e., assemby ofpefalxicaled materials). s. Nortbglam-Permitted in 1-1 and 1-2 Zone Districts. 6 . Thornton -Permitted in Regional Commercial and lndusttial Zone Districts. Regional Commercial zone distticts are localed on major arterials, and are not to be located adjacent to residential zone districts. 7. Wheat Ridge -Pennitted in POC and PD-I so dllt impacts on adjacent W1CS can be taken into considenlion. 11 is considen:d to be a .. semi industrial" use. 8. Arapahoe County-Pamitted only in 1-1 Zone Dislrict. The impacts of mini IUnF on liagle family ,aic1entia1 mes include aellbecica, ina:r r r r ~ IIUCk lraftic, inaaled aime. more adiYily during tbale tim wbicb COiFilFiiM:ial wa ~ nonnally cloaed, illepl aclivity, de. Additionally, ... -have mo been .. for illcpl .. dumping" of IDllaials wbicb cannot be clilpDled of easily (includiag toxic materials). Mini stora,e is not a me dllt is permilled in die B-2 mac dillrict iD l3aalewood-ll is, however, permitted in 1-1 and 1-2. Compae die B-2 Zme Dillrict ..._ • s EN• wida dllt for 1-1, wbicb 1112a, '-rbe 1-1 ladumial Dilnlic:t .... be localed -..;or Riiiidwa)I and 1JUCk routes 50 tbll lraftic ...... from die IDdursrial Dillrict will DOt flood die residmlial streds iD die Ila. The ........ for ... Dillrict ~ daiped to l2llllilie .. protect the euential cbaradailtic:a oldie District • well • die aw w,.....a.. die Dillrict." -2- .. • ; I '. • • • . . -~ The Planning Commission Communication pn:pared by Englewood Planning Staff states that the "self-storage use currently is not permitted in the B-2 7.one District. but is compatible with the Broolaidgc site". I cannot understand how this is compatible with the site or the neighborhood. nor docs Englewood staff support this statement I would lite to point out that I was misquoted in the Planning Commission Minutes where it states oo page 7, "Ms. Sangster stated that the only reason that she could sec any compatibility of self-storage with the existing development is topograpbically." What I actually said was that F.nglewood Planning staff report gave no evidence to show that this use is compaliblc with the surrounding neighborhood. The only support given to this alleged compatability by staff is that "the unique topographic cbaractertiscs of the site do not lend themsclw:s well to conventional mail or office dcvclopmcot". No consideration was given by cilbcr the applicant or staff to site design issues such as acsthctics, traffic control, landscape buffering or fence screening. In those communities which have heavy commcrcial or industrial zone districts locataf adjacent to raidential mac dislridS, c:oasidenboo is giwa to the impKts on the ~I uses, whether through site plan review, ICft'JClling, or l•odscapc buffering. Consida the following: I. Aurora -CICh cw is cmmdelal OD ils own merit, wilb lpCCill COlllidenlion giwa to impacts OD adjlcenl IIICS. Sec •• above under I dilcuuioa of UICI. 2. Arvada -All mini llorap areas must be property ICRCIICd. 3. Lakewood • all c:ommelcial cle,,elopma• mpaa lwh .,.. of• lellt IS' oa the sum fronl.ltF. 'Ille code allO n,quiaa, • a miMDQID, a buffer aa with at leat a s· ~ feacc or wall• die pn,perty liae wllidl ... nsidreeiel mes. During the site plan review paoceu. heavy ......... buftien ll'e mually .... ~ mini storage ... residffltial UICI. 4. Littlcloa -n,quila a 10' .... ..., 11a ~ to all abuaiDg w rig1111 of way. Any boundary of a mini IIOl'alC w wllidl adjoim or faces a l'f'Vda•ial disbict IIIUlt be buffmd by a lnhc,pod aea of not lea Ihm 10' wide 111d have a -3- ' ' .. • . • 5. • • C' ----------~ solid screen fence. A PD-C or PD-I which permits mini storage and which abuts a residential property must have a 50' landscape area. Northglenn -mini storage adjacent to residential uses requires a 6' high opaque screening. 6. Thornton -If mini storage is located adjacent to residential, code requires a landscape buffa at least 15' wide, unless a different type of buffer that creates an effective visusal separation between properties is approved. 7 . Wheat Ridge -Commen:ial zone districts require a 15' landscape strip on all sides of any developmeoL 8. Arapahoe County -Permitted mini storaF at S. Holly Sbm and,. Arapahoe Rd. as a PD; boweYa", this project is buffCffd with landscaped setbacks ofthid;y fect- Additiooally, the PD requmd sigo~ffs by the adjacent HomeowDel''s Association on all aspects of the plan, including acc:ess points. pitch of roof, colors and types of materials, etc. In the 1-1 Zone District in F.nglcwood. a 10' setbact is requmd what the site abuts upon, adjoins or is adjacent to a l""lidmaal zone dillrict. Undr.r the calegOly of~ in the 1-1 Zone Disbict, the City Code lt.lfes, "In an effort to leaen the ~ibility between a residential district and an induslrial district whel'e those districts abut, adjoin, or ~ adjacent, one to the other, it is deemed nccasary that the owner of the U1C in the induslrial zone district take certain wm to protect thole pcnoas in the re,iclmtial dillrict." The code goes Oil to Slate thll this teo foot selback an:a, "lhall be IFdKapcd wilb lawn., mies wl shrubs of both a deciduous and evergreen variety, or as an altcmaliw. the portion of the property which abuts the raideoti•I zone district shall be saa.d by a cleconlive, closed-face or solid conaae, block, wood or brick fence not less than 6' high." The proposed plan provides for some evergreen shrubs wl 5 deciduous trees along the 11reet frontage (which is a major entty into the BrookRid,e Subdivision) and DO peeneay • Ill where the parcel abuts homes. Additionally, the fmcing aJoag the main meet miry is proposed to be chain link. -4- • .. • , • • • (. This PUD request appears to be in opposition to the Englewood City Code, which clearly states (as shown llhow) that resideotial and induslrial climicls are~ but, if they do happen to be loalled adjacent to each Olbcr, pll1icular care DIil be taken to scmn the industtial use from the residential use. This poposed plan, which is localed immcdiacdy adjacent to residential poperties and is, in fact, at a major entrance into a resideatial subdivision with a school site, bas taken DO care to lessen the impacts oo the "'5idffltial properties. The site plan includes a Im foot wide gr&ffl mip (DO lwidec:aping) behind a number of homes, chain link fmces around a pol1ion of the site (IIOIDC of which remains unfenced), large expanses of SluCCO bllilctings with p,m mml roofs and a minimal amount of landscaping oo the street froataae . The emnnce into the mini SfOnF area is off of a very narrow residential-type street, not a major arterial. During the Planning Commission IQC'lding, two of the five oommissioncrs pacat questioned the appropriatmcss of this UIC • Ibis location. The other tine conunissioaers did not take Ibis wm oonsidcnlion wt daft was DO further dilcussioa of Ibis issue. They did focus on some measures to mitiplc the ncptive impacts; bowcvcr, the poposcd changes did not result in sufficient buffaing and scmning to even meet the minimum requirements for industtial zone disttic:u in the Englewood City Code. The staff report given to City Council ooly rapaoded to a leaer IUbnliUed by Grddlen Wakins to the Planning Cornmillion The llaff n:pon would lead C.ouncil to ~ dllt this leaer represented the concerns of the raidem of Brootrid,e (called "Ille adjacenl t.miacalpoiallt:d Arapahoe eow.y raidmls" in the llaff n:pon). wl did not addlas any of the st•mmts which I made during the meeting and which are included in tbe Planning Commission minutes. In fact, I am very c:oacemed dllt Council did DOt receive as pat of Ibis ,-:tel a copy of tbe Planning Cornmipinp minuta. The copy of tbe Pim albmiaed to Council bas not even been reYiaed to include tbe followiag wbicb wme .... oved by Planning Commisioo as ammdmeab to tbe PD Pim: -rile ..... mils may be med for .. storage" only"; and ~ shall be DO reatals of trucb, lnlilen, or Cll'S from dais Ule." I am also concemed that, after the Plwmillg Onminim moetiag wbicb appn,xim11e1y twmty concemcd neighbors IRfflded, neida' llaff nor tbe appl-=-made any..._.. to c:onta:t these neighbors to addlaa lbeir cmarm. The raideals al Jlroobidae have made -5- • . .. • • • • ... it very clear that they arc coocemed about impacts OD their homes -the impKts of traffic, crime, property values, aesthetics -and none of these concems hPe been taken into account Adjacent homes arc scpanml by Im feet of gra\'el mulch. and no fmcc, from Ibis industrial -type dewlopment. The proposed an:bita:tuJe along a main entry into the subdivision is large expanses of stucco walls wilh ~ melal roofs. I would like to point out that the applicant, at the ncigbborbood meeting OD October I, 1996, told us that the development would be compab"ble with the residential nagbborbood and that be would design the buildings with siding and ma&OIIIIIY pillars, with asphalt roofs. In looking at the proposed site plan, it shows a "6' high fmce" around ~ of the project. Whal type of fmce is Ibis? Will WC baYC a six foot high chain link fmce OD~ Avenue? There arc tbn:e storage buildings accessed from f. Bdlcview Awoue, that cannot ewo be seen by the IIIIIIUIF' whose office is OD ~O:mamial A woue, and these buildings 1R not fenc:cd ll all. Dan Stocking. wilh the Lialetoo Police Deputmcnt, stated that mini-storage areas DIil be fcaccd to control aime; if Ibis proposal was in Littleton be would recommend denial. No c:oasidention bas been giwo to tnffic OD#. Centmoial Aw:mac.. This Sba:t is alft:ady very busy, with pning OD bods sides and a lot of traffic enraing and wting Bmt Olevrolet. 1bis is~ their tnmpolt Ind unloads cars, adding ID the.,.,........ Since the CIIII)' pre is only forty feet from the lb'cet, wbal will happen if one forty foot U-Had rental Ind driYCI' stops to go into the office to pay a bill and another IIUCt wanas en1ry? They will have to SIOp in the middle of the Sba:t! Entry into Ibis type of facility from a minor collector strm is not good planning. I am totally opposed to Ibis rezone. Howe\u, if Council clelermiDes 1h11 Ibis me is compllible witb the adj.:mt raidealial UICS and 4Jiii0Wii the applicalion, Ihm I would ~ lhal the following be made requilanmls cm the PD Pia (not just added to the lite plan): I. Minimum IClbacts of II leall tm feet cm all sides 2 . Fmce standards to include: All ....... ails w be COOJlelcly ~ with a fence II least six feet high. The fmce afODa 'W. C iii A ¥emaC 111U1t be E. • , - • 3. 4. s. 6. 7. 8. • • wrought iron; the fence on the cast side must be wooden privacy; the remaining fenc:ie may be c:bain ~ . Llndlcape bufra' on r.'Callamial Aw:nue must be• least SO'l, CverJl'CCO and be Ill least s pllon size. Hours of operlltion should be specified I reoommend 7:00 LDl. to 9:00 p.m., closed Oil Sundays. A DOiie be added to prohibit retail or wholesale sales, auto repair, auto or fumiture painliDg and refinishing, electrical equipmeal or elccbonic repair or assembly, or my odlCI' lib repair, refinishing, or wembly a:livity. Also the prohibition ofllUClt and tniler rentals. Probillit CJll-llbeet pating on the north side ot..ft. Ccalmoill Avmue. Post sips on all Broobidge resiclentill sbeets resbicting truck traffic to 6,000 pomMls empty weigM. Ust specific ~ standards on the PD Plan. I n,mmmend that the units adjaccat to the sbeet and/or raidemli1I poptuies be either brict or siding with aspbalt shingle roofs (as pomised by the clevdoper). lntaior buildings can be lblCCO with mml roofs. 1bmk you for your CODSidenlion of your neigllbor's CC8B11S. I would be hippy to dilCUSS tbae ismes with you at my time. Sinctl'ely, 'f;a.bau-S~ BabeaeSatpter a 5200 s. Oram St. Lialeton, CO 80121 789-21SI .7. • < .., • • 0 'a2xl - - • • • • • (. PE11TION CONCERNING THE PRO~ED MINI-STORAGE UNITS AT BROOKRIDGE SHOPPING CENTER WE ARE HOMEOWNERS AND RESIDENTS OF THE BROOKRIOOE SUBDIVISION, LOCATED ADJACENT TO THE BROOKRIOOE SHOPPING CENTER. WE OPPOSE THE PROPOSED AMENDMENT TO THE BROOKRIOOE PLANNED DEVELOPMENT PLAN TO ADD MINI-STORAGE UNITS BECAUSE OF ADVERSE EFFECTS OF TRAFFIC, CRIME, NOISE. INSUFFICENT BUFFERING, AND AESTIIETICS. NAME ( ' I • 0 • • • PETl110N CONCERNING THE PROPOSED MINl-sTORAGE UNITS AT BROOKRIDGESHOPPINGCENTER WE ARE HOMEOWNERS AND RESIDENTS OF THE BROOKRIDGE SUBDIVISION, LOCATED ADJACENT TO THE BROOKRIDGE SHOPPING CENTER . WE OPPOSE THE PROPOSED AMENDMENT TO THE BROOKRIOOE PLANNED DEVELOPMENT PLAN TO ADD MINI-STORAGE UNITS BECAUSE OF ADVERSE EFFECTS OF TRAFFIC, CRIME, NOISE, INSUFACENT BUFFERING, AND AESTHETICS. NAME ADD~ I • • 0 - I· • • • .. • • 0 - ~ ~"<f'wo o,\ t~ ~""'J_ (~i"~e~) VJ-R--'n•u e ~, e :.«~ .,\,;,\-\.i• "" ~ ,,.\',ew-<~Jou.S ?~ 'VY' « ., .L" "" ~•7. Ve,\"'~ les e,J..,,-,,.'j. ~ ..,r;-""' ,k ~Q n~ e_ \:, o-\',\ Ab ((,\ ~ro-So~tt: Cf"'r•i,_ W'1" w,_ (i ,c,.: .... .--<t"-"'{ D.-< (e,e.,n,;~«<~~"-e-- ta,v"i, e 0i'°r''~ 'Y':!K. ~;.'£a·~,"·~ °f""}.'~1 ~ ~*,,r\..,o~, .(.>1-,..l..._ v'--'~"', .2,(..t.~)'••""' oJ. S. ,"', ""J/ \-< ~ S,~ "'aY -l'u S ol.. ; "~ .. \': 'X <>- S.f ~',; cl..= do~ ~ <k>••ft(' ,i.-oo\J~ . Qo.srJ\~7: "'...b~\1 . .... ~\\'lo ~~\'\((,e---~- v i c~ ,J.,.. ~ \-,\:,.,,., tei ,&e"=) . .. I . Aut Dat Pri 'f()l cc, Sub lboffbin•• at S119l...ood ll/14/96 04:14 PM tys Normal I.LIS INPSOII ts oeceaber 2nd Public Hearing ------------------------------ • • . . \ .... Meaaage content•------------------------------------ Gretchen Watkin• would like to apeak at th• oeceet>er 2nd public hearing egardill9 the arookridCJe Shoppilllll center. Thank-•• I .. • I • 0 ,~ • COUNCIL COMMUNICATION DA TE: December 2, 1996 AGENDAITEM SUBJECT: Englewood Meridian --I PUD -- INITIATED BY: Englewood Meridian, LLP STAFF SOURCE: Harold J. Stitt, c/o LeGan, Inc .. Planning Community Coontimtor COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; Previous Council Action: On November 4, 1996, City Council set a Public Hearing on this matter for December 2, 1996. Previous Plapping (:9mmjssion Action: The Planning Commission held a public bearing to consider the proposed Englewood Meridian PUD on October 22, 1996. The Commiuion recommended approval of the PUD . RECOMMENDED ACTION; Staff recommends that the propoaed Enalewood Meridian PUD be approwd u n,c.omlllffl(led by the City Planning and Zoaina CommiDMJD. BACKGROUND, ANALYSS AND ALIIBNAJJYES JPENDDFnP; A public bearing was held by the City Planning and Zoaina OJmmiaion on October 22, 1996 on an application for Planned Unit Development approval filed by LeGan, Inc., owners of the Englewood Meridian . The applicant bad filed a request for raJDl'dDI of the subject lite from R-3 High Density Residence District, to Planned Unit Development I>islrict. 'Ibis request wu initiated as a result of the property being currently claaified u DODCOllfonnina. 'Ibis nonconforming status resulted &om a 1914 amendment to the R-3 Zone Dimict replations which removed the existing density bonus, the U1C of net acres u well u limitina the maxunmn density for multi-family raidential developments to 40 units per acre. The pn,poeed PUD differs from the current R-3 Zone District of the lite only in that the maxunum density is increased to SO units per acre u was permitted under the oriainal zonina. The propo,ed PUD applies only to the Englewood Meridian property . ..... I r f [t~ I I ~~ ~ ~!· ·a e. ~~ a-~ 0 ~ . 1 l I f · f a • f i: ?j s ~ Q I ~ I ~ .-1· ·111 Jh s J . n; I I (~ Jl l l· lt b 5!61 , r s . ' .... 'I a~; I I ~~ l1 f if ~o a -a • It l:s '" h l l " "i . . .. ....e .. .. l f ft 1· t Ji ! ! ; ,~ i I-,: j= I :1' I Ii ii I 1t• Ht . 1, z. 1 1 i r i~5 =! , .. l . , l .. ~u t I i'I ft§ 8~ l f gll: f ! ii .. ~ , .... . \ I ! ' r I l J ) J J l ) ( ' ,' I .. 7 ~ ' ·~#\ • .. • (. No members of the public weR praeat at the public barina-Only tatimony 6om the llafl' wl applicant Win recei·ved. During their delibenilicm, die Owmrriwon requr•d additional information repnting die extent of coacretc repair. or ...,,,.,,.., alama F.at Girad Awnue. Since staff 6om the Depm1mmt of Pubic Works w not in ,..,.,._..:e • die public lllllm&, die Commiwon J*opoeed approval of die Planned Unit ~ apptic:adon with two ftlOOIIHHffl.utfo111 ndber drm pclllpODe die clecilion and conrimae die public bearin&-The fint 1ecc111mllfll"-inm w tblt die ne..,tmeat of Public Works pn,vide die Applica with information about specific coacnte repair or ,q,lecema,t 1blt mipt be nee y 111d die ct1iffllled COit of dUI work, • IOClll • pGllillle The aecaad ... .,.,,,.,,,__ WIii tblt City c.o..il comider ........ CWlele ............... ftl9liti,m ..... oval of die Pl.JD i( in die opillian ofdae Ccwil..., ............ &I ...... two --ii ww-. the ........ F.apwood Mri«· n PUD w41JNWid by die ...... Co.•· ·a by a wee of lix in inwwida tine ...... !PWKlAJ,JIPM;t'; UST Of AUMBNINJI; S1affltepod PUD ~ Findinp of Fact PUD ~ ~SPCDM1aJl?Nlllllf IIC:C.ID: 2 • 1~~ X - I -I 0 I I f 1 u• : a i ·i i~ iii! Bi '1 a r1 Jtr I ·1 .,,.,, ~ ~ i. . If E i:1 ii!' l s !:~ Ii . .. ~ fr f f .. . J; ~ . • "' 51 Q~ -~ 1-~ I, ~ .-. 1 • t r 5!~. If Ill, ·t l 11 lJ ,-~ l 1 · ~ I t 'f ti. .. C Ii .. .. I l Ir f' r ,, 1 I , 1~11 ; ; I .. 1 1 L ! , 1 , n r , 11 ~ 111 F ij 1 r. r, I" H l'r 1r ,I : ~~~ • I f " !i 'I 'I >;1.,. 111 ;t "j' f.' 'I .. I I : ~iS ! r } · & ~ l ii f ! I J 1 ~I Ii I "a t & iL · 1-r l I I l ~ ~t r s~c l!~ f .. l ,. f l It •Is I I ii =ig~ =! l f s _t l I . " 8 8[~ . s ii . . ~ , • I I l i l . L....., I I . ~ < ) r ~ ~ I .. ~ u ~ 3 r C t ' \ #,. ~ ·, ~ 't . . • ... <-> N 'X - • N • • 0 11 fl f i~ !f 11 Jim i!; l ,i i 8 i 1.l. 1,.I ,! ~ f ~ ~ ~ ~ i pl.,., ~g, 1~ l II 1 ~tl tll 'I I! :I iii( 111 1.1 I II .fJ 11 l~ lJ ~= '1 l l J ~ . .. . .. r '~ H ' r .I g . 1. , n f I tu 1-~, -t 1· J.,' 0 Ill 'I ll J ,i a, It .· u r a l , . i . ~ t, ~ 1 i ~ 1 r l ----------------.!IN---------ii:iilili , ... r m I • , ' ... ' ,. • . . • . ... - <. Publiabed u a Bil) i,r an~ OD the 7th day al Odober, 1996. ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. EDia, City Clerk oldie City al.,.__., Colando,....., catify that the above and fontailll ia a true capy o1 a am Ill' • Onliuam. iDtnNluced. read in full, and paaed OD lint ...... Oil the «la day olC>dal.r, 19118. Loucriabia A. BUia -3- . , •. I· 0 • PROOF OF PUBUCATION THE ENGLEWOOD HERALD STAlE OF ca..OAADO CXl.MYCFARAPAHOE I, Ge,a,d J. ,,_,. do 90lllrmy .... hi I am b A Ph• Md ,,..,,.,_d .. a.....,,..., ........ a__..,...... p.tJlltat in,. Cly of Ulllllon in the Colny of ~ St.-of Clolalnd» , and ha a general ciaMan hnlln; ... said MMPIS* ha been published contilU>Ualy and ~insaidC'.cutyd ...... IDr a parbt d mant lwl S'2 ..... plarlD .... ~d .. ..-.dnalm, ht llld MMPIS* ii .... in .. Pall oac. d ~ ~ • aDl1 clau mall master and that the Mid newspape1 is a newspaper wlll*' Ille meaning of the act of the General Assembly of the State of Co'°'**', llllP'IMld Maleh 30, 1923, and enllllCI 1..egal Nalbls and~ and other acts relating to the pr1l1ing and publishing of legal notice and was JU)llltminb ...... and ...... d said ,......, once -=ti WIiek. on h ane«.d-=t'IMlk. tor a period of ................ / ............... . consecutive lnseflions: tha7 the first publication of said notice was in the ~.i ... 1(l(A and the last plbllcalion of said ~ was in the issue of said newspaper ~ ........... 19::-::- ······ .. . ........ . nt • ... ----=----....... ......... -.... -=----.. =-==-=.-----~.-:.-::.. ;; " .... __ ____ ..,.. __ _ "'-!'!''-] I 1,,• -------~ ------...--.... ' I . . -. 1_l;-; m, -------------------------.,-------------------------------.--- • PROOF OF PUBLJCA110N THE ENGLEWOOD HERALD STAlE OF COLORADO CCl.JllTYOFARAPAHOE I, GtMwd J. 1,-,.y do solermly ..... 11111 I an ht A .... , and IVIIIINrd ht a.,,.,,,,,..,.,.,., ta ht sane is a weaktt l'6WeplP8I pml&tm In ht Cly of Ullalon in lhe Counly of ..,..,... State of CololadD , and has a genera: c:iaMor1 hr8i1; ... said ne,,,,epasa la been published continuously and ~lnsaidCOlnyd ..... tor a palild d rnn IWI 52 ..... prlarto .... ~ d ht ..-.ct ..... 11111 llid OIi ~ ii ... In ht Pall Ollce d ~ am-. • ..x,r1d class mail matter and that the said newspaper II a newspaper within the rnunklg of the act of the General AaNmbly of the State of Colorada, ~ Mald'I 30, 1923, and enlll8d ,.. Nalal and Adlierlilll'ner and OCher aclS ,.1a11ng to the printing and publishing of legal notice and wu p.Cillmln ............. d 111d ~. ora ..:11--. on .. --demi.a tor • period of ................ / ............... . consecutive lnNftions : 1h11 the tlrlt publlealion of said notice ... In the ~~ .... ,e.r~ and the lall Pl lblcallMI of said ~ was in the ..,. of said newapape, ""'t ···········~····::::- .. ..... ... . ...... .. ·········· S nature • '---=---==-.. I ==---=·-·.w-. , =~-:---=---:=--9!'..!' . _., ___________ _ ------.-........ . -.... -..... -...-...... =-.. ·-=-:..-=--.:= --.... --.,.,.._·,. -__ ..,. __ ----.. .., ' I • _..--~· --==· --- I 1-----------------------------------~----------------------, • • l • • 10-18-1996 1 ,02AM FRQ.1 ENGI...EWOCX) CITY GOIIT 303 762 .::~ C E R T I F I C A T I O N 0 F P O S T I N Ii [ ] L ) Board cf Adjustaent and Appeals ATIACH PHOTOGRAPH HERE Attached is a photograph of a stgn as tt ts erected on the following described property. Address: Englewood Meridian, 3455 South CgroA1 5tr11t Eog]ewood CO Legal Descrtptton: ----------------------- A PARCEL OF LAND LOCATED WITHIN EVANSTON BROADWAY ADDITION, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THEN~ CORNER OF BLOCK 47; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF BLOCKS 46 AND 47, A DISTANCE OF 335.00 FEET; THENCE ON A OEFLECTION ANGLE TO THE LEFT OF 19• 51' 50", AND PARALLEL WITH THE EAST LINE OF SAID BLOCK 4 7, A DISTANCE OF 508. 00 FEET; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF to• 01' 0" AND PA...UIJ,EL TO SAID NORTHERLY LINE OF SAID BLOCKS 46 AND 47, A DISTANCE OF 335.00 FEET TO A POINT ON SAID EASTERLY 1.INE OF SAID BIDCIC 47; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF 19• 51' 50" · AND ALONG SAID EAST LINE OF SAID BLOCK 47, A DISTANCE OF 501.00 FEET TO THE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF ' . . .... .. • • • • I hereby certify that the ibove described property was ·posted continuously for a period of 15 days, from November 16. 1996 to December 2. l99fi Architect llii&l1on to Property n.u121a, State of Colorado ) ) IS County of Arapaho. ) Subscribed and sworn to before • this a...t day of ~ , 19 ft ---=---- ...... ~ Ny Coafssion expires: -•"rt!-..----J!...;..&.., .;../~;;....;..1' __ _ A separate certfficatfon should be presented for each Notice of Hearing Sign. Such certification~ be submitted to the Dtpartaent of C01111Unity Developaent prior to the Hearing or presented at the Heartng. PCFora09 -2 • . . • .. • • . , . • 10-18-1996 1 ,02AM FRO-I ENGLEWOOD CI iY Gi:)111 303-762 ~ ..... ""- C E R T I F I C A T I O N 0 F POST I Nii ( ) Board of Adjustaent and Appeals ATTACH PHOTOGRAPH HERE Attached is a photograph of a sign as it ts erected on the following described property. Address: Ena]ewond Meridian. 3455 South CoroA1 St,:11\ EogJewood CO Legal Descrtptfon: ---------------------- A PARCEL OF LAND LOCATED WITHIN EVANSTON BROADWAY ADDITION, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THEN~ CORNER OF BLOCK 47; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF BLOCKS 46 AND 47, A DISTANCE OF 335.00 FEET; THENCE ON A OEFLECTION ANGLE TO THE LEFT OF 11• 51' so•, AND PARALLEL WITH THE EAST LINE OF SAID BLOCK 47, A DISTANCE OF 501.00 FEET; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF 10• 01' o• AND PARALLEL TO SAID NORTHERLY LINE OF SAID BIDCKS 46 AND 47, A DISTANCE OF 335.00 FEET TO A POINT ON SAID EASTERLY LINE OF SAID 81.DCI< 4 7; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF 11• 51 • so• AND ALONG SAID EAST LINE OF SAID BLOCK 47, A DISTANCE OF 501. 00 FEET TO THE POINT OF BEGINNING, COUNTY OP' ARAPAHOE, STATE OF fQIPBAPP ' ...... • • •, - ,. 10-18-1996 1 : 02AM FR0-1 ENGL.EWOCD CI TY GOVT 303 762 ~ 10-18-1996 1 :03AM FRC>I ENGLEWOOC> CITY GOvT 3a.3 762 2659 .. I hereby certify that the ibove described property was ·posted continuously for a period of 15 days, from _No;;..;v;.;;em;;;.b;.;e;.;.r_l;.;6~,-1_9_9.::.6-----:------ Architect itiialton to ,ropiny 12/2/96 Date State of Colorado ) ) IS County of Arapahoe ) ~~bscr and sworn to before -this _a:;.i_-___ day of ~ "1 Coa11lsslon expires: .. ~_..1111t,,.·r111~;......1,i/'t.E:..!:f..t...!.~ ...... L------ A separate certification should be presented for each Notice of Hearing Sign. Suell certification~ be subllltted to the Deparlllent of Coanuntty Dtvelopnient prior to the Hearing or presented at the Hearing. Ptfona09 -2 - • I .. .. I. 0 '32xl • • • • .. 10-18-1996 1:02AM FRQ.1 ENGL£\l,QCO CITY GOVT 303 762 ..:?b::.\:i [ ] [ ] ~] C £ R T I F I C A T I O N Board of Adjust.Milt and Appeals City Planning and Zoning Coa1ssion 0 F P O S T I II Ii ATTACH PHOTOGRAPH HERE Attached is a photograph of a sign as it 1s erected on the following described property. Address: Englewood Meridian, 3455 S011tb Corou 5tFeet EogJewood CO Legal Description:~~~~~~~~~~~~~~~~~~~~~~~ A PARCEL OF I.>.ND LOCATED WITHIN EVANSTON BROADWAY ADDITION, MORE PARTICULARLY DESCRIBED AS FOLLOWS: r .4'. BEGINNING AT THE NC CORNER OF BLOCK 47; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF BLOCKS 46 AND 47, A DISTANCE OF 335.00 FEET; THENCE ON A OEFLECTION ANGLE TO THE LEFT OF 89° 51 1 50", AND PARALLEL WITH THE EAST LINE OF SAID BLOCK 47, A DISTANCE OF 508.00 FEET; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF 90° 08 • 0" AND PARALLEL TO SAID NORTHERLY LINE OF SAID BIDCKS 46 AND 47, A DISTANCE OF 335.00 FEET TO A POINT ON SAID EASTERLY LINE OF SAID BLOCK 4 7; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF 89° 51 • 50" · AND ALONG SAID EAST LINE OF SAID BLOCK 47, A DISTANCE OF 508.00 FEET TO THE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF .._._W,.Aws.cwO.. ' ...... .. I . • ,.. ·, • .. ... 10-18-1996 1 :03AM FRCii ·ENCi..ai:m-c1"rY ·~v,-::s2:r /Sr:.£:i.,. .. . I hereby certify that the above described prop'eity WU .p.ostei continuously for a period of ___ is ___ days. from _......11Nu:ov11.1aern11WMbe~r~Ji1-.,.,-.l1,111Q111oQii.----:---- to Decerroer 2. 1996 Architect liialion lo Property State of Colorado ) ) IS County of Arapahoe ) Subs-'rtbed and swom to before• this.....;;.;}_-' ____ day of De,,1.4,,v • 19 TC • .. ... ,~ Ny Coaission expires: <A,e{ ,J~ llfl: A separate certification should be presented for each Notice of Hearing Sign. Such certtftcatton ~ be subllttted to the Departatnt of C01111Unity Developaent prior to the Hearing or presented at _ the Heartng. Ptform09 -2 - . , ... I. . 0 f 32xl • • '· 10-18-1996 1,02AM FR0-1 ENGLEWCXlD CITY GOvT 303 762 :.!b~ C E R T I F I C A T I O N 0 F P O S T I N Ii ( J Board of Adjustaent and Appeals ATTACH PHOTOGRAPH HERE l ] [X) Attached is a photograph of a sign as it ts erected on the following described property. Address: EogJewnnd Meridian 3455 Sorrtb Corou 5tFaei EogJewood CO Legal Description: ----------------------- A PARCEL OF LAND LOCATED WITHIN EVANSTON BROADWAY ADDITION, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NJ; CORNER OF BLOCK 4 7; THENCE WESTERLY AU>NG THE NORTHERLY BOUNDARY LINE OF BLOCKS 46 AND 47, A DISTANCE OF 335.00 FEET; THENCE ON A OEFLECTION ANGLE TO THE LEFT OF ag• 51' 50", AND PARALLEL WITH THE EAST LINE OF SAID BU>CK 4 7, A DISTANCE OF 508. 00 FEET; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF 90• 08' O" AND PARALLEL TO SAID NORTHERLY LINE OF SAID BLOCKS 46 AND 47, A DISTANCE OF 335.00 FEET TO A POINT ON SAID EASTERLY LINE OF SAID BLOCK 4 7; THENCE ON A DEFLECTION ANGLE TO THE LEFT OF 99• 51' 50" · AND AU>HG SAID EAST LINE OF SAID BU>CK 47, A DISTANCE OF 501.00 FEET TO THE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF ' ..... I . • • • 10-18-1996 t :03AM . I hereby certify that the ibove de5cribed property was ·posted .cont;nuously for a pertod of ___ 1_s ___ days, fro111 .,_;,N;.;:;o.:.;vemb=~er:.....1~6 ...... 1 ... 99..,5..._ ______ _ to Decernbec 2 1996 Architect Relation lo Property 12/2/96 Dita State of Colorado ) ) ss County of Arapahoe ) Subscribed and swom to before ae this __ 7',.,;.._ ___ day of ~ , 19 ft Address 1),,,1.., co IOJD) A separate certification should be presented for each Notice of Htartr19 Sign. Such certification.-, be subllttted to the Dtpartllent of C01111Untty Dtvelopaent prior to the Hearing or presented at the Hearing. Ptform09 .. • Data December 2, 1996 • <, COUNCL COMMU Agendabm 10 a 1 Valley Supplament #20 INITIATED BY Utilities Departnw,t STAFF SOURCE Sl8wlrt H. Fonda, Dnctor of Utilities COUNCIL GOAL AND PREVIOUS COUNCI. ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their November 12, 1996 mNtlng, 1"9C011'11W1de Cou,cil approval of a Bill for an Ordinance approving Valley Supplement ffl. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A l'9qU!llt was made by the Valley Sanitation Diltrlct rapraw,ting the owner/developer for inclusi into the Valley Sanitation District. Supplement ffl ii for an ._ approximately 1. 1 acres. The zoning per Arapahoe CCM1ly is 1-1. There .,. no plans for additional development and no plans for a zoning change. The owner ii Wasta Management of Colorado, Inc. The NWer line at 2-100 W. Union Ave. flows into a vault with a lift l1lltion which ii loc:llted approximately 150' to the IGUlh d Union Ave. The 1ft Italian pwnpa ltw NWage flow out to Union Ave. where the line tin into an 8" gravity NWlf' which flows to the west bll lNlh Union Ave. FINANCIAL IMPACT None . UST OF ATTACHMENTS BIii for Ordinance Valley Sanitation Diltrid Supplement ffl . .. • • ORDINANCE NO. _ SERIES OF 1996 • BY AUTHORITY Am.LPOR ODUlfCIL IIIU. MO. 7' INTRODUCED BY COUNCIL IIEIIBER_~~~~- AN ORDINANCE APPROVING SUPPLEMENT NO. 20 TO THE VALLEY SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD TO INCLUDE ADDfflONAL LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Valley Saitatian Diatrict demN to 111111G into ita Diatrict u additional area located at WNt Unioo A-ue West of the Platte River, En,1ewood. Colorado, ud 1111ch property ia owned by Wute ..._.__t oC Colorado, Inc.; and WHEREAS, SUJIPl-t No. 20 ia for apprmimat.ely 1.1 acna which ia prNeDtly zoned 1-1 (Licht Induatrial) ud aaid IGlliq will raDaiD the aame; and WHEREAS, uicl aanuatian of tbia additional pan,e1 of lud will not iDcreaN the tap allocation to the Valley Sanitation Diatrict; and WHEREAS it ia necaaary rar aaid Diatrict to ammd ita emtnct with the City of Englewood to include tbia additional lud within the Diatrict; NOW, THEREFORE, BE IT ORDAINBD BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sed,iqp 1 The Apeement between the City ofEapwoocl and Valley SanitatioD Diatric:t entitled "Supplam•t No. 20 to Connector'• .Acr-t" ia baraby app1oved. A copy of aaid Air-t ia a&tacbad banto u lbbibit A. Bec:tiAn 2. The Mayor and City Clark are banby aat.bariud to lip and att.t, reapec:tively, the aaid .Alr-t b-and CID babalf oftbe City Couaci1 and tbe City of En1lewood . Introduced, rwl in fall, and ,-cl OD Int rwliDc CID tbe 2IDd day ofD1 cbw, 1996. Publiabed aa a Bill for u Orclinance CID the 5th clay of December, 1198. ATTEST: 'lbomu J. Burna, Mayor Louc:riahia A. Ellia, City Ci.rk -1- 'I .. I· 0 1 J2xl • " I, Loucriabia A. Ellia, City Clark ~tbe City~.,.._.., Colando, benbJ catify that the above and fonpin, 1a a true copy ~ a am 11r a Ordirm, iDtroduced. read in full, and puNd oa ftnt rwliDc oa tbe 2nd day~~. 1996. Loacriabia A. Bllia -2- . , .. •· 0 1 J2xl . . • ---------~-----------------·- ·, • .. Sl.'PPLEMENT :,,IQ .~ TO COh"NECTOll"S AGI.EEMENT S...CmmcsNo. THIS AGREEMENT,_. ad ..... ial lly ad'*-• CITY OF ENGLEWOOD. GIii ~-ad dlraap ill dilly t iad ~ ad Cir, On. ...... llfllnd ID • City. ad VALLEY SANITATION DISTRICT, MflD Ccwy, Calando. ............ ID• Dimici: WHEIEAS . ca • 15* day ol Noc • • , 19M, • Ciar ..... i111t a c'"'-- A..-wida 1111 DilD'ic:l Wiiiil ... 1 Ji 1111 of .. Diaia ..... callll:lica f'al:ililill ID die City's ..... ~ad WHEIEAS. ad A.-pnwidld • ....._. .._. -111111d • _... wlllia dll liadl .... Dila'ic:lwidl ... ----·-Ciay; NOW THDEFOllE, ia : ·1 lllila ol •,.__ad ol • w1 ~ ol • plffia--. ii ii .... f'aDowl : I . 111a City clllll llalby -ID .. ---ol .. lddililllll .. clllCrilllli CID Epihit 0-..._ ial V. Slllilllim Diln:l ad ...... said lddililllll .. may • ..,, ... wllll ........ fsalitill .... Dilnl. ....... Ca, will .......... clilc:bqld itm ... Dillrict "• aaaitl". ..... .,... .. illlt ... C.,'1 nak lia ha said ldditiaul -.111 ia acmrtace wa • C ·, 1$ .-No • a,. 19M ..._daCilyaddaDiaic&. Acxmf at, ...... lolllillC ·,~ ii lm9lly ~ ID iadudlda alldiliaMINII ........... • f:tibir Qw .... 1111 _. of said prapany ii W-M J olC......, 1& 2. E,apc f'or • ¥ .... ia ..... I Ila . t cc. wit ad...,.. Olar pl'O'iaml ol said Ccmarw's A.-11a111111 t J I • a.-... ia ltll Ina ad dact. ad da lddiliall ...... _..., lllall • alljc ID Ill ol ... --, • •c:aaaadallMIC a.,,_ ATI"EST . CicyCJn ATI"EST: - CITY OF ENGLEWOOD 1y. ___________ _ ...,. V Al.LIV SAlffl'A TION DISTIIC't' I ). H t • .. I· 0 f 32xl • ~ --- 111 n ! .I Ii J; !'!I! [ [ !i' ! [i' r r l!f }iji if I !l ~ r~ ~ 1 ~~f ~ =~f I~ if: •J•t 1~ II' I>~~~ ,1! t 'i! l ~ [,!Js!l .~ . I l t f If it I ~t t t lf' ~~; fl I l l ''' ~, ~ ~ft fl ~,111~1 I I ~ ! ! ~ Ii C I . ~ . i , : i i H j t! ~ ~:f iih -I 1 J ! = II II~! ,··tr ,J; ~ ' ~ ( 1· J! I' ( ( , tif ~ ! rl I . ~ .. . ~ '1 f f ·1 ~ • ' ;g ~~'' $ C f t ~ I ~! 1!; ~ 1:1 1,1 . I ; , i ~r ~r,, I'. 1:~ ! ~ -~ .I .I l II f • , . \. .. r • • • ~ .. --; .. . . • .! I i r = SI I J 77 • •. . :. - '-..; : ... _j\Partr ---~ ·---m11---~- :· • ..... /ta.. I • I 0 : =--c:-....... ..... ,...... • • • ,. COUNCIL COMMUNICATION Om Agendaltem Subject December 2, 1996 10 a ff Southgate Supplement #129 STAFF SOURCE INITIATED BY Utilities Department Stewart H. Fonda, Dir9ctar d Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their November 12, 1996 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #129. BACKGROUND, ANAL VSIS, AND AL TERNATNES IDENTIFIED A request was made by the Southgate Sanitation District representing the owner/developer for inclusion into the Southgate Sanitation District. Supplement #129 is for an ... approximately 32.186 acres. The zoning per Arapahoe County is R 2.0 (PUD). Residential zoning is the intended use of the property which will allow one lot per one acn. The owner is The PrNeMt at Greenwood Village. The legal is attached u Exhibit A. The property is located on S. Colorado Blvd. betWNn E. Orchard Rd . and E. Belleview Ave .. FINANCIAL IMPACT None. UST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #129. ..... . , • . .. I. 0 ----------------------..;---------------------------,,-- • .. ORDINANCE NO. _ SERIES OF 1996 . ,. - BY AUTHORITY OOIJllCII. 811.1. NO. Tl INTRODUCED BY COUNCll. MEMBER~~~~~- AN ORDINANCE APPROVING SUPPLEMENT NO. 129 TO THE SOUTHGATE SANITATION DISTlllCf CONNECTOR'S AGREEVBNT W1TII THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THE D18T1l1Cf BOUNDARIES. WHEREAS, Soutbpt.e Suitatiaa Diatrict recommmda tbe iDduion al apprcmmately 32.186 acre8 into tbe Diatrict; and WHEREAS, Niel iDduaiDD ia located apprmdmately at South Colorado BoulffU'd between Eut Orcbard Road and Eut Belleview Avenue and tbe IDlliq altbia property ia R 2.0 CPUD); and WHEREAS, the intended UN al thia propaty ia reaidmtial IDlliq; and WHEREAS, uid umeutiOD of tbia additiODal parcel of land will D.Ot mer.. tbe tap allocatiOD to the 8outJipt. Suitatiaa Diat:rict; and WHEREAS, the Eqlawoocl Wafllr and S-... Baud recommmded approql al Supplement No . 128 to tbe Soutbpb, Seaitmrm Dia:rict at die N__. 12, 1118 meetinc; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OP THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sgtigp 1. The Apwnmt W--tbe CitJ alBnaiMrood and Sauthpte Saitatiaa Diatrict entitled "Supplement No. 129 to CcmDec:tar'1 ~. wbicb iDduda appnmimately 32.186 _.. locat.ed at South Calando Boalnard W--But Orcbard Road and Eut Belleview Avenue into tbe Soadlpt.e Sanitatiaa Diatrict ia hereby approved. A copy al uid AF-t ia atmbed blnto M "Bmibit A• and incorporat.ed beniD by reference. Sec;tim 2. The Mayor and CitJ a.k an banby aathariwl to alp and att.t, rNpectively, the uid Apwnent Car and OD bebalf of tbe CitJ Council and tbe City of Ensl-ood, Colorado. Introduced, read in full, and paued Oil Int nedinl OD tbe 2nd day of December, 1996. -1- ..... .. •. I. 0 • • - <. ATTEST: Low:riabia A. Ellia, City c.t I. Loacriabia A. Bllia, City a.It attbe City at.......,_, Colando. halby certify that tbe _,.. and fbrepias ia a tne capJ at• BID Ir a Ordillm, imrodwecl, read in fall, and puwl CID flnt rwlin, CID tbe 2nd dq atJ>mber, 1998. -2- .. . ' -l' ·~ . . . .. I· • • • (. ftDI ••~. -de and entered into by and bet-en the Clff CW -...000, acting by and through ita duly authorized Mayor and City Clerk, hereinafter called the •city,• and IOVTIICl&TII IUIUT&Tlml DIITIIICT, Arapahoe and Dougl•• Countiea, Coloredo, hereinafter called the •Dietriat,• w11waam, -.. on the 20th dey of June, 1'61, the City end the Diatrict entered into en Agr-nt in which the City agreed to treat eewege originating frOM the Dietrict • • ••nitery -r •y•t- within the ere• .. rvec1 by the Diatrict, which Agr...-nt ... aoat recently re.-d by connector'• Agreement dated No.,..,.r 16, 1911; and -.i. uid Connector•• Agr-nt provide• that the diatrict -Y not enlarge it• nrvice area without tha' written conaent of the City, -· arm. in conaideration of the a,tual covenant• and undertaking• herein aet forth, the parti•• egr .. •• follow•: l . The City hereby conaenta to the incluaion of certain additional ere• located in Arapahoe County, COloredo, owned by Tim n-.. &T • Cllll YILLla, and aore fully deecribed on~ & ettached hereto and incorporated herein by reference, into Southgate Sanitation Dhtrict. The City egr-• that ••id addi- tional area -y be eerved with the -r facilitie• of the Diatrict, and that the City will treat the aewage diacharged into the city'• trunk line froon said additional area, all in accordance with the Connector'• Agreement dated Noveaober 16, UH . According - ly, Exhibit A referred to in Paragraph 1 of the connector'• Agr-nt deted Novt!lllber 16, 1918, h hereby •-nded to include auch additional area . 2 . Bach and every other proviaion of the uid Connec- tor'• Agr-nt deted Novetllber 16, UH, ahall r-in unchanged. 1• WJfllUI -.W, the partiea have aet their hand• alld •••l• thi• ~~-day of , 1996. ATTBST: cifi dJlii (HAL) ATTSST: / ~,,.4,_,.;1° (SIIAL) .. ,, .... ff I\Hl~4 I Clff cw -...ooD .,.,,_.TII aun'&Tlml DIITIIICT, .... ._ am DOll8Laa eaalrlD, CDIAlalDO By,~,.tt: • . !I .. I • . -i',.._ • • l . • • • <. PARCEL I A parcel of land in tha Nortbveat Quarter of Section 11, Townahip 5 South, Ranga ,1 Waat of tha Sixth Principal Meridian, County of Arapahoe, State of Colorado. bei.Ag aora particularly daacribad •• follow•: For th• purpoaa of thie daecription the bearing• are baaed on the waetarly line of the Southwaet Quarter of .. id Section 11 between th• Southwaet corner .. rkad by al" cap P.L.S. 7104 in range box and the Waet Quarter corner .. rkad by a J• cap P.L.S. 7735 in range box. bearing North 00°20'13" laet. Coaaancing at the waet Quarter corner of aaid Section 111 Thane• North 19"42'50" laet along the laat-Weat centerline of aaid Section 11 a diatanca of ,02.so feat to• point on the weaterly line of the laat .. lf of the Weat Ralf of th• Northwaat Quarter; Thence llorth 00•11•12• &aat along aaid weaterly line a diatanca of 1199.43 feat to a point oa tba northerly right-of-way of the Highlioa Canal•• deacribed ill 8ook 179 at Page Sil of the Arapahoe County Clerk and Recorder• Office and the POINT or BEGINNING; Thence North 00°11'32" Eaat along aaid weaterly line a diatanc• Thence Thence Thence Thence of 497.28 feat to a point; North 65°08'58" Eaat a diataoca of South 38°53'19" Eaat a diatanca of South 89°48'28" Eaat a distance of South 00°11'32" Waat a distance of of curvature; 114.10 feet to a point; 119.50 feat to a point; 74.51 feat to a point; 309.21 feat to a point Thence along the arc of a curve to the right havin~ a central angle of l4"2l'29", radiue of 295.ll feat, arc length of 177.10 feet (chord bear• South 17°22'17" Weet, 174.46 faatl to a point on the northerly right•Of•way line of •aid Highlin• Canal; Thence North S5°26'59" Waet along ..\iid northerly right-of-way line non-tangent to the pravioue cur,,e a diatance of 61.ll feat to a point of curvature; Thence along eaid northerly right•of-... y liae along the arc of a curve to the left having a central angle of 14°24')0•, radiue of 1219.66 feat, arc length of 10,.11 feet (chord bear• North 62"19'14" waet, 105.90 r .. tl to the POINT or BEGINNING. Containing 4.450 acrae, aora or l•••· Exhibit A Sheet 1 of 2 • I· ---------------------------i.,------------------ • • , . • PARCEL 2 A parcel of land in th• Northwaat Quarter of Section 18. Townahip s south, Range 67 Waat of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, being 100ra particularly daacribad aa followa: For the purpoaa of thia daacription the bearing• are baaed on the waatarly line of th• Sout.hweat Quarter of aaid Section 18 between the Southwaat corner aarked by a J• cap P.L .S . 7104 in range box and t.ha Waat Quarter corner aarkad by a J• cap P.L.S. 7735 in range box . bearing North 00•20•13• laat . Coaaencing at the waat Quarter corner of aaid Section 18; Thence North 19°42'50" laat along the laat-Waat centerline of aaid Section 11 a diatanca of 602.50 feat to a point on tha weatarly line oft.ha laat half of the Waat half of aaid Northwaat Quarter &Del the POINT OP S&GIIOIING ; Thanca North 00°11 '32° Eaat a diatanca of 1092.42 along aaid waatarly line to a point of non-tangent curvature on th• aoutharly right-of-way line of tba Highlina Canal aa daacribed in Sook 179 at Paga 583 of the Arapahoe County Clark and Recorder• Office: Thence along aa i d aoutbarly rigbt•of-way line the following eleven (111 couraaa: 1 . Thence the arc of a curve to th• right having a central angle of 12"32'22", radiua of 1119 .66 feat , arc length of 245 .04 feat (cbord baara South 61°43'10• Saat, 244 .55 feat) to• point: 2. Thane• South 55°26'59" laat • distance of 300.74 feat to a point of curvature: 3. Thence along the arc of a curve to the left having a central angle of 01•1,•32•, radius of 971.48 feat. arc length of 12&.45 feat (chord bear• South 59°14"15" Eaat. 121.35 faatl to a point ; ,. Thence South 63°01"31" laat a diatanca of 666.29 feat to a 5 . Th ence 5. ':'hence 7. Thence a . Thence 9 . Thence 10 . Thence ll . Thence Thane• South Thence South point of curvature ; along the arc of a cun·• to the left having a central angle of 20•52 •01•. radius of 312 .11 feat. arc length of lll .70 feat (chord baara South 7)0 27 "31" Saat. 1!3 .07 faetl to a point; South 13•53•32• laat a diatanca of 237 .'4 feet. to a point ; 1 along the arc of a curve to the right having a central angle of 05°33·,t•, radiua of 1403.38 feet, arc length of 136 .27 feat (chord baara South 81°06 "37" laat. 136 .22 feet) to a point; South 78°19 "43 " Saat a diatanca of 244 .12 feet to a point of curvature; along the arc of a curve to the right having a central angle of 29°01"45", radius of 333.71 feat , arc length of 169.11 feat (chord bears South 63°41'50" laat, 167 .31 feat) to a point; South 49°17'51° Eaat a diatanca of 206 .47 feat to a point of curvature: along the arc of a curve to the left having a central angle of 02°44'57•, radiua of 597 .62 feat, arc length of 21.61 feat (chord bear• South 50°40'26• Saat , 21.67 feat! to a point : 40°42 '02" Waat a diatanca of 30 .69 feat to a point; 49°17'51" Saat a diatanca of 59.67 feat to a point, Thane• South 65°19'19" Saat a diatanca of 22 .51 feat to a point on the Saat-Waat centerline of aaid Sactioo 111 Thence South 19°42'05• Waat along aaid laat·We•t centerline• diatanca of 2264.45 feat to the POINT OP ,ll&GDIIIDIG. Containing 27.736 acraa , 100ra or laaa. Exhibit A sheet 2 of 2 .... • . .. I • • • • i, ,ucEL 1 & ,anal el lull ill 1:M1 llllrCllooeaC Qllar&R ef lectJ.-11, ~. s s-u. ..... n -.c •f &lie I.I.au h'iaeJ.i,al lleriALaA, c:-aq, ef Arapallee. ltaca af Colorado. NJ.as -~ly ..._UMd .. f•11-• hr tile JNrpe•• of &Jaia deacri.pci-tile lllaawJ.119• are lllaaad -tile -•Udy Una ef &Ila S-tJMonc Quarter ef NU ... cJ.-11 •- t!la S-tllweac aoraer aarkad l,y • J• ... p,1,.1. 7104 ill ir...-Ilea ud tile Neat ~-cosaer aarlsell i,y a J• ap • .1..1. nn in r...-11oa. ltNrJ.aa llartll 00•21•u• aaac. C-iag ac tile Ilea& Qaar&ar --af NU 1ecc1-111 TII-• 11aru a,•u•so• Ian •leae &lie 1an-... c -c•rliae of aaJ.4 lecc:Loa 11 a du-ef 112.H hot u • .. iac - ua -early line of tllo laoc llalf ef tile ... c llall of tile llar~ac Quarter: 'ftloaca 11aru 00•11•n• Ian ai.e NU -c•ly U.11• • IIJ.a&aaco of 11u.u f .. c co a poiac -t11e aar&laarly ripc-•f·-Y of &!a• tipliao ca.al u deacrillad J.a look 111 ac h9• 513 of ua Arapaboa C-cy Clark ud .... nan OUJ.co UICI tile PO:nn' or asGDIMDIIJ: Tllaaca Noru 00•11·n• S&n alODg Hid .... early Uno a tia&aDCo of 497.21 faac &o a poiJlc : Tbaaca North ,s•o1•s1• S&ac a di•caaca of 114.10 faac co a poillc: Thence s-ch u•n•u• S&ac a di•taaca of JU.SO feoc co a poillc: Tllenca Souch 1,•,1·21• la•c a di1caace of 74.SI f .. c co• poillc: Thence loYCh 00•11·J2• Weat a lli•taaca of 309.21 foec co a point of c:urvac11ra, Tb-c• al-• l:ho arc of a -co Cho rJ.•llc lll•iav • c-cral a119l• of J4°2l'29", rad!ia of 2t5.JJ faec. arc 1 ... &11 of 177.10 feoc lc!lord INlara Soueh 17°22'17" ... c. 174.41 faacl co a poinc oe Cha :iortllerly rigllc·•f·-Y lill• of •aid Hi911lLaa Caaal; Tlluca llorch SS 0 2''H" Nan alODg akid Nr&llorly dgll&•of·-Y U.ao --caaganc co tJao prOYioua.....,. a tia&uulo of 11.11 feac co a poi.:lc of C1&rY&t11re: Tbaaca alon• aaid aoruaerly rigac-of--y lJ.ao •loaw Clle arc of a curve co &Ila lafc baviag a cucral ... 1. of 14°24'30•, radiY• of 121,.,, e .. c. arc lugtll of 301.71 e .. c lcllord llaar• Morell u•n•u• Weac, ,os.,o fHtl co e11e PODIT or HGDIIIDIG. . IXllilli C A IIINC 1 of 2 • . .. I • • • ·, • '· PARCEL Z A pa.reel of laad 111 th• Norc!twe•t Q\&&rter of lecti-11, T-.Jaip s South, &ang• 1.7 Wen of Che lizth •riacip•l NedcU.aa, c:-ey of Arap&lloe, scat• of C:Olonclo, IN,i.DtJ -re parci«Nlarly cleacriltad aa follow•: ror c.11e p.arpo•• of ul• ...aripei.oa cu IIMriag• ar• baaed oa C11e -cerly liae of Clle S-&llweac Quar&u of Aid •-cioa 11 -- 1:h• S-CIMoaac conaer aarlsed Illy a J• cap ,.L.S. 7104 111 ruage boa ud tu ... c Quarcer --lied Illy a J• cap ,.L .S. 1'J5 i.a ....... llloa, lleari.119 .. rth 00•20• u• laat. c cf,. ac ue Neec Qaareer -r •I Aid •-e1-111 flaeDCI• Morua 11•u•so• ... c al-. tu s.ac ..... t -urliae of Nici •-u-11 a cliataace of 112. 50 fHC co a poi.at - ue -early li.a• of tu laat llaU •f ue ... c ulf of MU .. rci...c Quarcu ...S ue l'ODT OP ~, fflaac• -.ru 00•11•J2• ... ca diacaac• et 1012.42 a1 ... aaid -•c•rly liae co a poiac ol --c...-c -r,,aClare -&lie -Cll•rly ripC•Of·-1' 11ae of CM J1i91111a• Caaal .. .._criltocl i.a ·9oo11 1'71 ac , ... HJ •f ue &r...-. c:-ey C1erls aacl aecortlera Offioe1 'Dae• al ... Mid ._C!lerly ripc-of-•y liae tile followillg •1--(111 -···· 1. Th-• tlla arc of a cnar,,e co cu ripe llaYiag a c•cral angle of 12•32•22•, radiua of 1111.•• foec. arc leageh of 245.04 fHC (Clborcl beare louth 11•43•10• laat, 244.SS f .. tl co a point: 2. Thence souch ss•21•59• laat a distance of 300.74 feat to a point of c:,u,rature; 3 . Thence along the arc of a cnar,,a co ell• left lla•iAv a central angle of 01•3,•32•, radiiaa of 171.41 feet, arc length of 121.4S f .. t (chord bear• South 59°14'15" last. 121.JS feetl to a point: 4 . Thence South 13°01"31" last a di•canc• of 111.29 feet to a point of curvature: 5. Thence along the arc of a curve co Cha left llaving a central angl• of 20•52•01•. radius of 312 .11 feet. arc length of 113 .70 feet · (chord ltear• South 73°27'31" last. 1!3.07 faatl to a point; ,. Thence loueh 13°53'32" laat a distance of 237.14 feet. co a point; , 7 . Thence alon9 th• arc of a cnar,,a to Cha r:l.9bt llaYing a central angle of 05•33•41•, radiiaa of 1403.31 foet. arc length of lll.27 feat (chord bears South 11•01·31• laat, 131.22 faetl to a point; I . Thence louth 71°19'43° laat a diatuice of 244,12 feet co a point of curvature; 9. Thence alon9 the arc of a c:,ar,re to Cha ri9ht baYing • cencral angle of 21•01•45•, radiua of lll.71 fa•t, arc lan9th of 111.ll f••t (chord ltear• louth 13°41'50• laat, 117.ll feetl to a point; 10. Thence South 49°17'51• laat a distance of 201 .47 feac co a point of cn&rVature1 11 . Thence alonv th• arc of • curve co tlla left llaYiAg a central anvl• of 02•44•57r, radiiaa of 117.12 foet, arc len9th of 21.11 f .. t 1.ii.ro1 lloar• loutb 10•40•21• laat. 21.11 foetl co• poi.at, Thence South 40°42'02" Meat a dl•taac• of JO.It foec co a poiaci Th•c• South u•11•u• S.at • di.ataac:e of 11.n fHc co a poiat1 fllence South n•u•u• s.ec a di.acaace of 22.11 foet co a poi.at on th• laat•Waat centarliae of Ai.cl l•U-11: ~• loueh 19°42'05" Meat al ... said laac• .... C ... cerliae • dhtaaca of 2214. 45 f .. t co c.lle ,OIJrT or ,81111:DDIDIG. Collcaiaiag 27.731 acr••· aor• or l•••· lldliltiC A IIINC 2 of 2 ...... ... I • ~ _, a:i 0 Q / ___ -"'11!<11!!-+-' ' a u ' en '\ •, . ~ • EXHIBIT 8 VIEW A'JE • . " ( VICINITY MAP 111'1 .. . -. I. . ' 0 0 I • • 10 b 1 7 u4-¥Ct I BY AUTHORITY ORDINANCE COUNCIL BllJ.. NO. 5' SERIES OF 1996 INTRODUCED BY COUNCIL ~ l MEMBER VORMITTAG AN ORDINANCE AMENDING TITLE 18, CHAPTERS 4 AND 8, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO THE REGULATION OF HOME DAY CARE FACILITIES IN THE R·l·A ZONE DISTRICT. WHEREAS, day care bomN located ill the R-l·A 7-I>iltrict approllCbed City Council requeeting that the Zoning Ordinance be amended ill -mmer to allow home day care ill the R-l·A Zone Diatric:t; and j WHEREAS, the Enll-ood City Council ReaolutiaD No. 52, Seriel f:61996, established a policy to cease zoning enforcement for day care buaiD11111 iD the R·l·A district that were licemed by the State • Colorado and operating prior to June 3, 1996; and • ~REAS, this limit to IIOIUDI enforc:emmt ii effective from June 3, 1996 through • r 21, 1996 and only appliea to the prohibition• a day care buaiDel8 ill the R-1-A and not to other proviaiona • the En,lewood Municipal Code; and r WHEREAS, City Council ctireded the Neipborbood and S--Development \ -Staff to review the lituation and prepare a recommended coune • action; and ~ WHEREAS, thia OrdiDaDce would permit bmne day care u a Conditional Uae ill the R·l·A Zone Diltric:t; and WHEREAS, theae amendmmta are bued on the eummt Colorado Department of Human Servicea, Diviaion of Child Care rulea replatiq child care bomea; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tign 1. The City Council al the City al Bqlewood, Colorado hereby approvea amending Title 18, Chapter 4, Section 2, Preamble al the Enll-ood Municipal Code . ~\ •. I· 0 • •, • .. Section 2. The City Council or the City or Eqlewoocl, Colorado hereby approv• amenclini Title 16, Cbapt.er ,, Section 2, Puqraph 0, of the En,lewoocl Municipal Code to read u follcnn : lM-1: R-1-A, SINGL&FAIIILY BBSIDENCE DISTBICI': 0. Conditional Uae: Provided the public inter.t ia fully prot.ec:t.ed and the following wie ia approved by the Commiuioo: 1. FAMILY CHILD CARE HOIIE OR INFANT!l'ODDLER HOME . 2. Dependent care -ter.: StructurN uwl u educatiooal inatitutiona, nlipoua imtitutiom er public facilitiel, aiatinc at the time or the mac:tment or thia Ontinm, may be -vertect for Wle u dependent can center.. Sgtigp a. The City Council or the City or En,lewood. Colando bseby approv• ammclini Title 16, Cbapt.er ,, 8edioo 3, Paraarapb 11, Number 6, ortbe En,lewood Municipal Code to read u follcnn: 18-W: R-1-B, BINGL£.l'AIIILY IIB8IDBNCB DllfflllCI': M. Acceuory Buildinp And Permitted Acceuory u-: 5. Home oc:cupatioo : Oc:cupatiana cuatcmarily incidental to the principal UN U a l'Nidence when cooduct.ed in the AJDe dwellinc, provided that the followm, coodi1iau are met: i. FAMILY CHILD CABE HOIIE OR INFANTfl'ODDLER HOME . A-, -h1a1 ,_ .. -If-•,._ (tl llhil*• .., lie ,-ailh ••ah••• 1111,alha Sgtigp ,. The CitJ Council ortbe City or.,..._, Colando 1MnbJ apprc,vw amendinc Title 16, Cbapt.er ,, 8edioo 3, Pantlnpb N, Nmnber 1, or the En,-,ood Municipal Code to nad u follcnn: 11+3: R-1-B, BINGLB-PAIIILY BB81DBNCB IH8'l1IICT: N . Conditiooal u-: Provided the public intenat ia ftally prot.ect.ed ud the following UN ia approved by the C.C..mlwoo: 1. LAROE CHILD CARE HOME : ...... -• ,_..u, S.11•1 IIIIH -· ..... -.... ,. (ll • .... ,.(Ill tllf -· AccaaaorJ play equipment aball be locat.ed in nar yard. -2- .. I . , • 0 • 5 . Home occupation: Occupationa cuatomarily incidental to the principal use u a l'Nidence when c:onduc:tecl in the aame dwelling, provided that the followinc conditiona are met: i. FAMILY CHILD CARE HOME OR INFANT/l'ODDLER HOME. ·.•.-, -heme fer tlN -llf•e tie_. UI ehil6:w-, 118 ,.._.....•heme a-,..4iw. Sect;igp 6. The City Council at the City of Enclewood, Colorado hereby approvea amending Title 16, Chapter 4, Section 4, Chapter N, Nwnber 1, of the Enclewood Municipal Code to read u followa: 18-t,.t: B-1-C, IIINGLB-FAIIILY IIBIIIDENCE Dl8TBICT: N . Conditional u-: Provided the public interest is fully protected and the followinc use is approved by the Ccamiui,:m: 1. LARGE CHILD CARE HOME : Ciliil• -...... S JP ehil• eere _..,. .,._, Ice (II ti Neice (MIi 1hil•rea. AcceNory play equipment eball be located in the NU' yard. Set;ti(ll 7. The City Council of the City afEnpwood, Colorado hereby appnlVN amending Title 16, Chapter 4, Section 5, Chapter N, Number 15, oftbe En,lewood Municipal Code to read u followa : IM-1: M IIBDIUII-DENBITY IIB8IDBNCE DIB'DIICT: N . Acceuory Buildinp And Pwmittecl "--'J u .. : 5 . Home occupationa: Occupationa caalomarily incidental 1D the principal me u a nsideace wbm caaducted in tbe aame dwelling, provided that the followia, CGDditicma .... met: i . FAMILY CIDLD CARE HOME OR INFANTtrODDLER HOME . h-, -1um1 fer tlN -•-• filw U1 atiiHrw .., .............. e .. , ........ Sect;i(ll 8. The City Council of the City af Eqlewood, Colando bereby approYN amending Title 16, Chapter 4, Section 15, Chapter 0, Number 1, oftbe BDpwood Municipal Code to read u followa : 0 . Conditional Uee : Provided tbe public intenlt is fully pntadild and the followin1 -are approved by tbe Commiuion, --.,t for dime group bom• which are required by State ltatute, the foUowiDa prcmaiau apply: 1. LARGE CHILD CARE HOME . Small blM -naln Nl"riDc &.. Ill• lwlh1 (1111 1hH•r1•. "--'J play equla mt ebaD la locet.d in the l"NI' yard. -3- .. I . • • t• - '· Section 9. The City Council of the City of Englewood, Colorado hereby approvee amending Title 16, Chapter,, Sec:tian 6, Chapter M, Number 5, oft.be Englewood Municipal Code to read u follows: 18+6: R-1-C IIEDIIJII.DEN8l'IT IIB8IDBNCB DIBTBICT: M. Accessory Buildinp And Permitted AcceNory u-: 5. Home occupatiom: Occ:upationa customarily incidental 1D the principal uae u a reaidence when conducted iD the nme dwellin,, provided that the followiq conditiona are met: i. FAMILY CIULD CARE HOME OR INFANTfl'ODDLER HOME. h -,-h1me fw the -efw •,._<el llhil ... may .......... -• h••• ......... Sectigp 10. The City Council oftbe City ofEqlewood, Colondo hseby appn,ves amending Title 16, Chapter,, Sectim 6, Chapter N, Number 1, of the Bnclewood Municipal Code to read u followa: 18+6: B-1-C IIEDIUII-DENIIITY IIBSIDBNCB DIBTBICT: N . Conditional Uae: Provided the public iDtereat ia fully protec:t.ed, the followiq 1UN are approved by the Commiuion, uc:ept for thole puup homes which are required by State Statut.e, the followin, pnmaiona aball apply : 1. LARGE CIULD CARE HOME. &mall llllil• _.. .... ""ills fiue (I) • .. el,e OIi ehiHr•. Aw,ry play equiplamt lhall be located iD the rear yard. Sertim 11 . The City Council of the City of Enpwood, Colorado hsebJ appn,ves amending Title 16, Chapter,, Sectim 8, Chapter 0, Number 7, of the Bap,wood Municipal Code to read u followa: 11+1: 114, mGB-DBNBITY IIB8IDDfCB DJ8TIIICT: 0 . Accesaory Buildinp And Permitted AcceNory u-: 7. Home occupation: Occ:upatiou c:uatomarily incidental to the principal -u a naidence when CCIDClactad iD the ume dwellin1, provided that the followiq -.litiou .... mat: i . FAMILY CIULD CARE HOME OR INFANTfl'ODDLER HOME. t.-, ... h1m1 ... thu•1efw•"-(6) tilt• -, be,......•••••• ;alh• Sert;im 12. The City Council of the City ofEnpwood, Colorado benby apprvvee amendins Title 11, Chapt.er ,, 8--t, Cbapter II, Number 5, of the Bap,wood Municipal Code to read u llllon: l._... 1M Rl'IPDDnWJPIIP .. •m•aiCJNAL Dl8'DIICT: M. -4- •, I . • 0 • • t• •, • 5 . Home occ:apatiom: Oc:cupatiom c:ustcaaril:, incidental 1D the priDc:ipal -u a l'Nidence when canduded in tbe -e dwellinf, provided that tbe followinf CODditiom are met: i. FAMILY CRILD CABE HOIIE OR INFANTtrODDLER HOME. &-,-h1a1 fir the -sf .. ts te.. (U ehil.rea .., ............. h••· -·· ti FAMILY CIDLD CABE ROIIE: INFANTfl'ODDLER HOME: -5- A CRILD CABE FACIUTY THAT PROVIDES U:SS TRAN 24-ROUR CARE FOR 2 OR IIOBE CHILDREN ON A REGULAR BASIS IN A PLACE OF RESIDENCE. CHILDREN IN CABE ARE FllOII DIFFBUNT FAMILY ROUSBROLDS AND AllE NOT BELATED TO THE CABEGIVBR. CARE IIAY BE PROVIDED FOR 6 CHILDUN rBOII BIRTH TO J8 YEARS OF AGE WITH NO IIOU TRAN 2 CHILDREN UNDER 2 YEARS OF AGE. CABE ALSO IIAY BE PROVIDBD PORNO IIOU THAT 2 ADDfflONAL CHILDltBN OF SCHOOL AGE ATTENDING FULL- DAY SCHOOL. RESIDENTS or THE ROME UNDER J2 YEARS or AGE WHO ABE ON THE PIEM18ES AND ALL CHILDUN ON THB PRDIIRB8 FOR 8UPBllVl8ION AD COUNTED AGAIN8T THB APPROVED CAPACITY. A CBIU> CABE rACIUTY THAT PROVIDBS U:SS TRAN 24-BOUR CAD miLX POB CHILDUN WHO ABB Bn'WBBN BDffll AND a YMll8 OLD IN A PL.ACS or DBIDBNCB. TRE CAllSOIVER IIAY HAVE NO IIOU TRAN 1 CIDLD OR P08TD CIDLD BIIWDN a AND • YMll8 or AO&. IP TBU • 1 CAUOIVD, ........ IIAY Bi A IWmlUII OF 4 CIIJLDUN, WlTR NO IIOU TRAN I CIULDDN UNDIUl l2 .. I· • 0 1 32xl • LARGE CIULD CARE HOME: 0 • MONTHS, INCLUDING THE CAREGIVER'S OWN CHILDREN. IF THERE ARE 2 CAREGIVERS CARING FOR THE CIULDREN AT ALL TIMES WHEN CHILDREN ARE PRESENT, THERE MAY BEA MAXIMUM OF 6 CHILDREN BETWEEN BIRTH AND 3 YEARS OLD, AND NO MORE THAN 3 OF THOSE CIULDREN CAN BE BETWEEN BIRTH AND 1 YEAR OLD, INCLUDING THE CAREGIVER'S OWN CIULDREN. A CIULD CARE FACILITY THAT PROVIDES CARE FOR 7 TO 12 CIULDREN WHO ARE NOT RELATED TO THE CAREGIVER IN A PLACE OF RESIDENCE. CIULD CARE MAY BE PROVIDED TO CIULDREN FROM U MONTHS TO 16 YEARS OF AGE. CARE MAY BE PROVIDED TO NO MORE THAN 2 CIULDREN UNDER 2 IF OLDER smLINGS ARE IN CARE. RESIDENTS OF THE HOME UNDER 12 YEARS OF AGE WHO ARE ON THE PREMISES AND ALL CIULDREN ON THE PREMISES FOR SUPERVISION ARE COUNTED AGAINST THE APPROVED CAPACITY. Section 1'. Safety CJ1v111 The City Council, hereby ftncla, determinea, and declare• that thia Ordinance ia promulpted under tbe general police power al tbe City or Englewood, that it ia promulpted for tbe health, ufety, and welfare al tbe public, and that thia Ordinance ia nec:euary for tbe plWel"YatiOD al health and 1afety and for tbe protection al public convenience and welfare. The City Council further determinea that tbe Ordinance bean a ratiODal relatiOD to tbe proper legi1lative object aought to be obtained. S@Gtigp 15 . Scvcrabiljty If any dauae, aentence, parqraph. OI' part or tbia Ordinance or the applicatiOD thereof to any peraoo ar circumataDcea ahall for any reuon be adjudJed by a court al compet.ent juriadiction invalid, aucb jud,ment aball not affect impair or invalidate tbe remainder al thia Ordinance OI' ita application to other peraona or circwnatancea. Stc;tigp 16 lnrmeilW't Ordinencta All otha-Onlinencee or partiana thereof inconaiatent or conftictin1 with thia Ordinance ar any portion hereof are hereby repealed to the estent or aucb incomiatency or c:onflict. -6- •. I· 0 ~-------------------------,· • • t• • Sec;tiop 17. EffeGt pf' mpgl m; mpdjfjqtjgp 'Die ...,..i or modification of any proviaion of the Code of the City of Enslewood by tbia OrdiDaDc:e lball llllllt releue, emn,uiah, alter, modify, or c:banp iD whole or iD part aay penalty, fwfwiture, or liability, either civil or c:riminal, which lball Uft bem iDcurrecl 1IDder Reh proviaion, and each proviaian lball be trNtied aad beld • sti1l remainiq iD force for the purpo1e11 of 1uatainiq any and all prop.-adioal, nita, proceediDp, and proaecutiODI for the 811f'on:ement of the pmalty, lafaitwe, CW liability, M ...0 M far the purp111e of nltaiDiDf any judpimt, dec:ree, • __. wbicb can • may i. rendered, entered, or made iD nch adioal, nita, pn-1iDp, • praeecutiau. Sertim 18 . Emwtx. The Penalty Prcmaon ofE.11.C. Section 1+1 lball apply to each and every violation of tbil OrcliDallce. Sertim 19 . A Family Child Can Home • lnfaatll'oddler Rcae that•• 6-wl by the Stat.e prior to June 3, 19116, lball be allowed to....-., a lliDale lacatiGD with the City and 1ba11 be allowed t.o operate at tbat locatiOD iD the R-1-A. AD Puaily Quid Care Homa or Iafant/l'oddler HOIMI mut obtain a caaditiODal w within two (2) years . Introduced, read iD full, and pMNd OD tint reediDi an the 7tb day of October, 1996. Publilhed u a Bill far an OrdiDance an the 10th day of Oct.ober, 1996. A Public Heann, •• belcl an the «Ii day ofNavmlblr, 1996. Amended, reintroduced, reed iD ran, and pMNd an the 18th day ofN-1,er, 1996. Publilhed u ammded an the 211t day ofN__., 1998. Rwl by title and paued an tmal rwliac OD the 2nd day of December, 1998. Publilhed by title u OrdiDaDcl No. __, S.-of 1998, an the Ith day of 0-.ber, 1996. ATTEST : Loucrilhia A. Ellil, City Clerk I, Loucrilhia A. Ellil, City Clerk of the City of......._., Colando, blnby eati1y that the above and forecom, ii a a-copy of the OntiDaaee ,-.I cm tmal rwliac and publilhed by title u OrdiDaDcl No. __, S.-of 1998. -7- • .. I. --------------,1r-------~--i. • oaDDIANCB NO . _ SERIES OF 1996 • t• • BY AUTHORITY OOUNcn. BILL NO. 70 INTRODUCED BY OOUNcn. MEMBER HATHAWAY - 10 b 11 I . AN ORDINANCE APPROVING THE RENEWAL OF AN INTERGOVERNIIBNTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, OOLORADO AND TSE CITY OF SHERIDAN, COLORADO WBEBEBY ENGLEWOOD WILL PROVIDE TSE CITY OF SHERIDAN WITH VEHICLE IIAINTENANCE. WHEREAS, tbe City of BDpiwood bM .._ ..-viciar tbe City of Sbaida'• ffbic:IN lillce I>ecmnber, 1992; ud WHEREAS, tbe City ofBDpwood llDd tbs City oflbaidaD dellire to rmew tbe qreemet wbenby Eapewood prmdN Sbarida with 'V9bide maiDtmace; NOW, THEREFORE, BE 1T ORDAINED BY THE CITY OOUNcn. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sec;tigp 1. The illterpanmental .,._t batn1D tbe City af&baridu ancl tbe City al En,lewood, Colorado for vebicle maiDtawaee, attacmd u -Bmibit A·, ill hareby accept.eel ud approved by tbe En,lewood City Comicil . Tbe ...,.. ia autbariNd to .... llDd tbe City Clerk to attNt and -1 tbe .\p'Nmmt D llDd CID behalf of tbe City of Eapewood. Colando. lntrocluc:ecl, read ill full, ad puNd CID tint nadiDr CID tbe 18th day of NONlllim, 1998. Publiabed u • Bill far an OntiDaDce CID tbs 21st day ofN-a.r, 1998. Read by title ud pwecl CID fbw nadiDr CID tbs 2Dd day ofl>aNmblr, 11116. Publiabed by title u OrdiaaDce No._, S.. of 1118, CID tbs Mb day of DaNmber, 1998. ATTEST : Louc:riabia A. Ellis, City Clark I, Loacriabia A. Ellis, City a.it of tbs City of .......... Colando, b1nbJ C111tify tbat tbe above ad ......., ia • tl'lae aapy of tbe 0. II I ,-.I -&w ..., _ puhJillbed by title u OnliDaw No . _,.._of 1111 . -1- •. ... I. • • • t• • ,, CONTBACI' TBIS AGREEMENT, entered into tbia __ day of 1996 by and between the City of Englewood, whole addral ii 8'00 South Elati Street, BD,lewoocl, Colando 80110 and The City Of Sheridan, wboee addral ii 4101 South Federal BoalffU'Cl, Eqlewood, Colorado 80110. 'l'BBM8 OP CON'DlACT NOW TIIBBBFOBE, IT IS AGREED by and betwwl the City of Englewood and the City of Sheridan that: 1. The City of Englewood, Colorado lhall perform the followillg lC'Vice1: The City of Eqlewood lhall perform all lMIC8INl'Y repairs and maintenance an the vehicl• owned by the City of Sheridan to the City of Sheridan'• aatiafac:tim, ud the City of Sheridan lhall pay to the City of Eqlewood for aucb aemca the nm oftbirty-m Do11an (S3&.00) per hour, in additim to the coat to the City of Enpewood al uy partl or oataide ftlldm' c:harpa plua Twenty percent (2K) b1ndJing fee . 2 . The City of Englewood will proceed witb the performance of the lm'ViCN called for in Parqraph No. 1 on Juuary 1, 1997 and the Ccmtnct lhall terminat.e an December 31, 1997. Tbne additianal cme (1) :,ear periodl may be usuaated by the City llanapr or bil delipee. 3 . Some maiDt.lDance of the City of Sbaridu'1 Yebidel lhall be performed by the City of En,Jewood acmrdiDg to I acbedule t.o be made by the City of SberidaD ud lpprc,w9CI by the City of Enpewood u put of tbia .,.._.nt, and lhall include work ~ by Sbaidm or wen idmtffied by Eqlewood cluriDg iDapectiOD of the vehicle. ,. The City of Eqlewood lball npair uy vebiclel of the City of SberidaD delivered to the City al Englewood for that purpoee in I pod, workm1nJiJre manner . 5 . The City of Englewood and the City of Sheridan agree not to: refule to bire, diacbarge, promot.e, demot.e or diacriminat.e in any matter of compeoaatioa; performance, NfflC8I or otbenrile, lpinat any penoa otbswile qualified 10lely becauae of race, c:nld, aa, color, national oripl or ancenry. 6 . Tbil Coatnct may not be modified, amlllded or otbanrilP att.ad anleM mutually agreed upon in writin, by the partiel. 7 . The City of Englewood by and throap itl aDPI019N and .... ti lball be comidered far all purpow al the Contract, to be indepa,clmt CGDtractGn and not employ.-. al the City of Sbaridan. 8 . The City of SberidaD by aDd throqb ita _..,,.. aDd .... ti lhaD be comiclered for all purpow al the Contract, to be iDdapmdant CGDtractGn and not employea of the City of Englawood. -1- ...... .. I • I ~ (,.) I\) • N • ... ... ~ ~ ... ~ ~ ~ ~ ~ ~ !"' ? . gr:r 1~ J! tf r~ls.fllljflf ifff~ 11-t~ 11·'~ s. ~, al lf 11· 1.-1 !i=l! .. a.g l1rti s.,s ia~i ~Jtt I. la. !I lls.s. Jl}is.111 -gfi(' ·, flJ rf. 1rf111. r rrJ-1ti1JI JJft ~t!f t!~ 11.1} f f r ~ ~ l 11 I ~ . f. is.! II lJ r j f E i f a fii· I!( ~J ~ 1 1'! l'~;1f·lf1·:1 tttl ,1r ~I! . t1J l J, ·o 8 ifi! .1, tr ~ .. ff ill i ' r I I Jr1; ~ -h ~11 I ti ti ~;rll!itt•: .,~ti itl l~1 IJJ l ! t fl .tr1~11r1 I-~ ~,~ ~I; t, • i t r • flu ! 1 fr l d · H -ii' f•t , [ l it'r t ~l t ,(5 t I t, f ~1 II It [ i 1 f II I I ~ • r • ,• r I .. ~ • . ~ • • ·, • .. IN wrnmB8 WIIBBBOF, tbe partial ba'lto baft ~ tbia Ccmtnct tbe day ad ,-r tint writt.en above. ATl'BST: CDT OPBNGUnrOOD Loucriabia A. Ellia, City Clerk ATl'BST: -3- • I • . .. ... •· 0 1 32xl • .r-"-----------,1:------------------ OIDINANCB NO. _ S!RIE.S OF 1996 • t~ • BY AUTHORITY COUNCll. BILL NO . 71 INTRODUCED BY COUNCIL MEMBER HATHAWAY 10 b i11 AN ORDINANCE APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEBEBY THE CITY OF ENGLEWOOD WILL PROVIDE THE ENGLEWOOD PUBLIC SCHOOL'S WITH VBHICLE MAINTENANCE . WHEREAS, the City or ED,lnood bu be8D NfflCUII the ED,lewood Public Scboola vehicles since December, 1992; md WHEREAS, the City oCED,lewoocl and ED,lewoocl Public Sc:boola delire to reHW the agreement whereby En,lnood providee En,lewood Public Sc:boola with vehicle maintenance ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Stc;tigp 1. The interpvenmaental qreement between En,lewoocl Public Schoola Uld the City of Engl-oocl, Colorado for vehicle maintmance, attachad u "Emibit A·, ia hereby ac:ceptecl and approved by the Eqlewood City Comu:il. '11le llaym' ia autbariaed to aec:ute md the City Clerk to att.Nt and IUl the Acr'Nmmt for and CID behalf altbe City al Enrlewood, Colorado. Introduced, read in full, and puNd CID tint raadinr CID the 18th day alNcmimber, 1996. Publiahecl u a Bill for an OntiDaDce CID the 21at day of NCl99Dlber, 1996. Read by title Uld pueed Cll bal raadinr CID the 2nd day al Deomaber, 1996. Publiabed by title u Ordmame No .__. Slriel al 1996, CID the Mb dayalI>ecanber, 1996 . ATTEST : Loucriahia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City an al the City al......,.,_, Colarado, banby IIIIUfy that the above and (OftlUUII ia a tr. oapy al the Ordiuace ,-.I CID tiDal ..... and pub1iabed by title u Ordirm No. _. Slriel al 1996 . -1- I . • 0 '32xl • • • I~ • CONTRACT TBIS AGBBENENT, mtared into tbia __ day of 1996 by and between the City of Enpewood, wbme ..wr-ia 8'00 South Elati Street, Englewood, CoJando 80110 and The Enpewood Public Scboo1'1, wbme addrNa ii 4101 South Bannock Street, Englewood, Colorado 80110. TBBIIB OF CONTRACT NOW 'IBBBEFOBE, IT 18 AGBBBD by and betwe8D the City of ED,lewood and the Enpewood Public Scbool'1 tbat: 1. The City of Enpewood, Colorado ahall perform the follOWUll aerviCN: The City of Enpewood ahall perform all n-.ry repairs and maintenance CID the ffbic:lel UWDed by tbe Englewood Public School'• to the Englewood Public School'• 1atiafactioo, and the Enpewood Public School's ahall pay to the City ofEnpewood for 8Ucb aervicea the aum oftbirty-m Dollars ($36.00) per hour, in additiCID to tbe cost to the City ofEnpewood of any parta or outaide "9Ddor c:lwpa plua Twenty percent (20'Jf,) handling fee . 2 . The City of Englewood will proceed with the performance of the NfflCN called for ill Parqraph No . 1 CJD January 1, 1997, and the CODtnct aball t.ermmate CID December 31, 1997 . Three additiaul aae (1) year periods may be neptiated by the City Manager or bil deaipee. 3 . Some maintenance of the Enpewood Public School'• vebidea aball be perfos med by the City of Enpnood armrdiDc to a lcbedule to be made by tbe Enpewood Public School'• and apprcmid by tbe City of Enpewood • part of tbil ....-mt, and aball iDchlde wwk ~ by tbe Eqlewood Public School's or work idmtified by En,lewood dlll"iDc iupeetiCID of the ..taide. 4 . The City of Enpewood aball npair any vebiclaa of tbe En,lewood Public School', delmnd to the City of Enpewood for that purpoae in • rood, workmanlike mumer. 5 . The City of Enpewood and the Englewood Public School's qree not to: refuae to hire, dilcbarp, pnmote, d-ote or dilcrimillate in any matter of compematioo; performance, aerviCN or otberwile, apiDat any pancm otherwile qualified aolely becauae of race, Cl'Nd, ea, color, natiaul oripl or ancestry . 6 . Thia Contract may not be modified, amended or otbenriae altered ui.. mutually qreed UJICID in writin, by the parti•. 7 . The City of Enpewood by and throup ita ~ and ..-ta lball be c:ouidend for all JIUl'JIONI of the CODtnct, to be tndepenclmt CClldnctlan and not amployeN of the .,._ood Pllblic Scboo1'1 . 8 . The Enpewood Public School'• by and throqb m _..,._ and ..-ta ahall be c:ouidencl for all purpoN9 oft.be Ccmract, to be in-,.admt COD1:ncton and not amployeN of the City of En,t9WOOCI . -1- !1 I • • • '· 9 . The City of Enrl-oocl lball not ump or tnmfer it1 iDter.t ill the Cantrac:t without the written c:ament of the Enrl--Public School',. Any unautboriaed Ulipment or tnmfer aball nmder the Cantrac:t null, void and ofno efrec:t u to the Encl-oocl Public School',. 10. 'l'be En,1--Public ·School'• aball not uaip or tramfer itl iDt.ereat ill the Contract without the written CODNDt of the City ul'Enpewoocl. Any unautboriaed uaipment or tnmfer aball nmder the Contract null, void and of DO efrec:t U to the City of En,Jewoocl. 11. The City of Enrl--aball be reapamible for the prafwianal quality, technical ac:curacy, timely completion md tbe -,!inatiOD of the repairs under the Contrac:t. Tbe City aball, without additianal compmaatian, correc:t or revile any errora, omilai11111, or other de6ciaciea ill itl 1181'\'icea nlat.ed to the Ccmtrac:t. 12. Either party of tbe Contract may termmat.e tbe Contract by 1iVD11 to tbe other party 30 claya llCltice in writiDr with or witboat pod -abawn. Upcm deliwry of IUCb DGtice by tbe Bapwood Public Scbool'1 to the City of Enrlewoocl md apCID apiratiCID altbe 30 clay period, tbe City olEapewood aball ~tinue all W'Yica in cmnectian with the partbrmance al tbe Contract. Al IOOll u pncticable aft.er ncaipt al DGtice al tarmiDatiGn, tbe City of BDclewoocl llball aubmit a --*-t. lbowiDI iD dlitai1 tbe ~ l*fix.wl UDdar tbe Contract to tbe clat.e of--ine!ian. Tbe BD...-1 Public Scbool'1 lball th8ll pay tbe City alEapwood praaaptly tut prapmtiaD altbe pnlCribed cbarpa which tbe ~ aaually .-&wawl ..... tbe Contract bear to tbe total _.._. cao.d fbr llllMI' tbe Contnct, ... aacb paymmtl CID accoant of tbe cbarpa .. baft --prmouly ..... 13 . AD DoticN aad _....... __. tbe Contract to be aailed or de1iffnll to tbe Cityal~ lball betotbe ............. : Dindlor al Palllic Wadm Cityal ........ MOO Saalb lllllli ._ ......... Calarado 80110 AD llClticea md ccmmuaicmcml panaiDia, to tbe Contract lball be mailed or cleliwrad to tbe ........ Pllblic Scbool'1 at tbe follawiDr ........ ; Ea,t ..... Public Scbool'1 ,101 Salllb ..._. ._ ......... Calarado 80110 1,. Tbe ........ _.__ al tbe Contnct lball be lliDdiltf .. adity, ita au-. and &Nip&. 15. Notbmc ._. lball be ....... • ...... any ,--1 lillllilitJ • tbe pert al any omc.-or ..-t al any pablic ._., wldda aay be part,J .-, DIii' lball it be CCIDltnled • liYinl any rill* or_... ba m• to any-. albs dla tbe .,..._. hblic Scbool'1 aad tbe City al ........ -2- ..... ... ,; I • , • •~::-----------------~-----~- . ,. ·, • .. IN Wl'ffiB88 WB.&BBOF, tbe pania barao baft ___. tlm Cmtnet tbe day ad :,NI' fint written above . ATTBST: Cff'l'OFBNOUNOOD Louc:riahia A. Ellia, City Clark Tbomu J. Bmm, 11.,.ar ATTBST: ~.u. ) Jl:e. .. , , ..12,,,,JAo~ -3- , . .. 0 '32 x l -----~-----------.r-----------.• ,-------~--------------------- aDIIWRS IIO. _ SERIES OF 1996 ·, <, • • BY AUTHORITY OOUNCU. BILL NO. '12 INTllODUCED BY OOUNCU. IIEIIBD HATHAWAY AN ORDINANCE AUTHORIZING AN INTBBOOVBBNIIBNTAL AORDNBNT BETWEEN THE COLORADO WATBR RBSOURCBS AND POWD DEVELOPMENT AUTHORITY AND THE CITY OF ENGLEWOOD, COLORADO ENTITLED "OBLIGATED PUSON'S UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE." WHEREAS, the Cit)' al.,.._,.., Colando---ildo a Laa Aar-t with tbe Colorado Water a..oarc.. and Ponr-Dnelapmmt Autbudty, and WHEREAS, ill CU!necticm with tbt nftnenc:m, by the Colmado Watar BlloarcN · and Power Devel.,..._t Autbarity oC a pmtiaa altbt ~ NCUnd by uid Loan A,reement, it ii .-ry t.o mter iDt.o en a,r11m wt entitled "the Undertakill( Aar-mt" with the Autbarity wbidl nqaina the Cit)' al Ea,--1 t.o provide t.o the Autbarity cenaiD typa al fbumcial iDfmmatiaD; NOW, THEBEPOBE, BE IT OIDAINED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, AS POI.LOWS: Sw;tjqp 1. Tbe iatapua ..tel aar-t ~ .__ .• UDdart.akiDa To Provide CoatiDllillc Di•d me",....._ baeto • "Bddllit A." is blnby accepted and ......... by ............ City Council. IDtroduced. rwl iD 6dl, wl ...... &at rwlillc • tbt lltla 4ay alNou IIC', 1118 . llwl by title wl,..... _ laal ........ tbtW4ayalD111•k1r, 1111. Pllbliabad by title• 01 El ene No._, S... al 11N, • die 11b 4ay al Dera!IIC', 1111 . ATTEST: ·1- ' , 10 b 1v .. I. 0 t 32xl • .. . " ·, • '· I, Loacrilbia A. Dia, City Ciak altbe CitJ al Bapwoocl, Calcndo, hanbJ' cartify that tbe UCffll .......... ill • true CllpJ altbe Ordblallm puNCl Clll bal rwliDs a pabliabed bJ tide • OrcliDaDDI No. _. lllria al 1918. -2- . , .. I· 0 . . "" f 32xl • we------~-------------------- • t• - Obligated Pmao's Undcrtakin, to Prpytdc Conrtnplng DisclpQIR This Obligated Person's Undertaking to Provide Continuing Disclosure (the "Undertaking") is executed and delivered between the Oty of Englewood, Colorado, a home- rule municipality and political subdivision of the State of Colorado (the •obligated Personj, and the Colorado Water Resources and Power Development Authority, a body corporate and a political subdivision of the State of Colorado (the "Issuer"), in connection with the issuance of Wastewater Revolving Fund Refunding Revenue Bonds, 1996 Series A of the Issuer (the "Securities"). The Obligated Person and the Issuer covenant and agree as follows: Section 1. Definitions. "Annual Information• shall mean the information specified in Section 3 hereof. "GAAP" shall mean generally accepted accounting principles as in effect from time to time in the United States. "Holder" shall mean any registered owner of Securities and any beneficial owner of Securities within the munina of Rule 13-d under the Securities &change Act of 1934. "MSRB· shall mean the Municipal Securities Rulem1kin1 Board established in accordance with the provisiom of Section 15B(b)(l) of the Securities Evb•qe Act of 1934. \ "I) -pository" shall mean the follOWUll, and any other nationally reco,mzed municipal se~es information repositmy within the meaning of Rule 15c2-12: BloomberJ Municipal Repositories P.O. Box840 Princeton, NI 08542-0840 Internet address: MUNIS@bloomber1-doc Phone: (609) 279-3200 Fax: (609) 279-3235 (609) 279-5963 11 Kenny Information Semces The Repository 6S Broadway • 16th Floor New York, NY 10006 Phone: (212) 770-4595 Fu: (2U) 797-7994 A .. I • .,----------------~---------- The Bond Buyer Secondary Market Disclosure 39S Hudson Street, 3rd Floor New York, NY 10014 Internet address: Disclosure@muller.com - Phone: (212) 807-3814 Fax: (212) 989-9282 Disclosure, Inc. Document Augmentation/ Municipal Securities S161 River Road Bethesda, MD 20816 Phone: (800) 638-8241 Fax : (301) 718-2329 Moody's .NRMSIR Public Finance Information Center 99 Church Street New York, NY 10007 Phone: (800)339-6306 Fax: (212) SS3-1460 R. R. Donnelly Financial SS9 Main Street Hudson, MA 017949 Phone: (800) S80-3670 "Resolution" shall mean the Wastewater Revolving Fund Refunding Revenue Bond Resolution adopted by the Issuer on , 1996. "Rule 1Sc2-12" shall mean Rule 154-12 under the Securities Exchange Act of 1934, as amended through the date of this Undertaking, together with all intapmive pudances or other official interpretations and explanations~ of that are promulgated by the SEC. "State Information Depository" sbal1 mean any public or private repository designated by the State of Colorado, and recognized as such by the SEC for the purposes of Rule 1Sc2-12 . "SEC." shall mean the United States Securities and Exchanae Commission . Section l. Obqatioa to Provide Coatiallillc Disclosure. (i) The Oblipted Person hereby undenakes, in connection with the retinancin& by the Issuer of a portion of the indebtedness of the Issuers secured by a Loan Ap'eement between the Issuer and the Obligated Person throuah the issuance of the Securities, for the benefit of Holders of the Securities, to provide or cause to be provided throuah the Issuer: (a) to each Repository and to the State Information Depository, no later than 180 days after the end of each fisc:al year, commencma with the fiscal year endin& December 30, 1996, the Annual Information relatina ·to such fiscal year; 2 ., I . 0 • • (b) if not submitted as pan of or with the Annual lnfonnation, to each Repository and to the State Information Depository, if any, audited financial statements of the Obligated Person for such fiscal year when and if they become available; provided that if the Obligated Person's audited financial statements that are not available by the date set forth in (a) above, the Annual Information shall contain unaudited financial statements in a format similar to the Obligated Person's audited financial statements for its most recent fiscal year, and the audited financial statements shall be filed in the same manner as the Annual Information when and if they become available; and (c) to each Repository or to the MSRB and to the Slate Information Depository, in a timely manner, notice of a failure to provide any Annual Information required by Section 3 hereof. (ii) The obliptions of the Oblipted Person pursuant to subsection (i) above may be terminated as to such Obligated Person pursuam to Section 8 baeof. Upon any such termination, the Obligated Person shall provide notice of such termination to each Repository, the State Information Depository and the MSRB. (iii) Nothing herein sball be deemed to pevent the Oblipled Person from disseminating or require the Obligated Person to disseminate any other information in addition to the requiled hereby in the manner set forth herein or in any other manner. If the Oblipted person disscminatn any such additional information, the Oblipted Person shall have no obliption to update such information or include it in any future mataials disscrninwd bercundcr. Sedioa3. Aaaaal laforaadoa. (i) The required annual Information shall consist of the Oblipted Person's audited financial statements for the most recent fiscal year as provided in 2(i)(b) above, and the information CODlained in Appendix D to the Official Stalemml of Issuer ieJa1iDa to the Securities dared ___ , 1996 under the beadin& "THE SYSTEM" and "GENER.AL FINANCIAL INFORMATION CONCERNING THE JOINT USE PLANT". (ii) All or any portion of the Amwal Infonmboa may be incorporated in the Annual Infonnation by cross ,efaence to any ocher doc:immu which bave been &led with (a) the Repositories, the State Information Depository and, if the docurncnr ii 111 official sa11tment, the MSRB or (b) by SEC. (iii) Annual Information for any fiscal year C'fflllmDI any modified opaa&ioD data or financial information (as contemplated by Section 7(v). thereof) for IUCh filcal year shall explain. in narrative form, the reasons for such modificmon and the drec:t of IUCh modific:Mion on the Amwal Information beina provided for such filcal yw. If a cblnp iD ICCOIIIIUDI principles is included in any such modification, such Annual Information shall pacnt a comparison belwten the financial statements or information prepared on the buis of the modified accountina principles and those prepared on the basis of the former accoumma principles. 3 .. • • (, Section 4. Financial Statements. The Obligated Person's annual financial statements for each fiscal year shall be prepared in accordance with GAAP u in ~ect from time to time. Such fiDanc:ial statements shall be audited by an independent accounting firm. Section 5. Remedies, If the Obligated Person shall fail to comply with any provision of this Undertalcing, then the Issuer or any Holder of Securities may enforce. for the equal benefit and protection of all Holden similarly situated, by m1od1D1J1S or other suit or proceectio1 at law or in equity, this Uodertaking apinst the Obli&ated Person and any of the officcn, ageots and employees of the Oblipted Person, and may compel the Oblipted Person or any such officers, qents or employees to perform and carry out tbeir duties under this Undertaking; provided that the sole and exclusive remedy for breach of this Undertaking shall be an action to compel specific performance of the obligations of the Oblipted Person hereunder and oo person or entity shall be entided to recover mooetuy damages hereunder under any circumstances, and, provided further, that any cb11Jeoae to the adequacy of any information provided pursuant to Section 2 shall be broupt ooly by the Issuer or the Holders of 25% in aareaate principal amount of the Securities at the time outstanding which are affected thereby. Section 6. Puties In Interest. This Undertakin& is executed and delivered solely for the benefit of the Holders. No other person (other than the· Issuer) shall have any right to enforce the provisions hereof or any other rights hereunder. Section 7. Amendments. Without the consent of any Holden of Securities, the Issuer and the Oblipted Person at any time and from time to time may enter into any amendments or chan&es to this Undertaking for any of the followin& purposes: (i) to comply with or conform to any cblllps in Rule LSc2-U (whether required or optional); (ii) to add a dissemination qent for the information required to be provided hereby and to make any neceswy or desirable provisions with respect thereto; (iii) to evideoce the succession of another person to the Oblipttd Person and the assumption by any such successor of the COYeDaDtS of the Oblipted Penon hereunder; (iv) to add to the covenants of the Oblipted Penon for the benefit of-Holders, or to surrender any ri&lit or power herein conferred upon the Oblipted Penon; I. • .------~--------~----~--, . " • (. (v) to modify the contents, presentation and_ fonnat of the Amwal Information from time to time u a result of a change in circumstances tbat arises from a c:hange in legal requirements, c:ha.n&e in law, or change in the identity, nature or status of the Oblip;ted Person, or type of business conducted; provided tbat, (a) there is filed with the Trustee an opinion of counsel bavm, apertise with respect to securi#es laws of the United States of America or apertise with respect to the issuance of indebtedma by states and political subdivisions thereof, tbat (i) the Undertatin&, u amended, would have complied with the requirements of Rule 15c:2-U at the time of the ofrerina of the Securities, after tatina into account any amendments or authoritatM interpretations of the Rule. u well as any cbup in cin:umstances; and (ii) the llftendment or cbanp does not materially impair the interests of Holders, or (b) such change or amendment is approved by the wte or consent of Holden of a majority in outstandiJII principal amount of the Securities affec:ted thereby at or prior to the time of such amendment or chanp. Section I. Termination. This UndertatiJJa shall remain in full force and effect until the earlier of (i) the Issuer provides notice to each Depository, the State ~on Depository and the MSRB that the Oblipted Person is no loa,er an -Oblipted penon• within the meanina of Rule 15c2-12 or (ii) all principal, redemption premiums, if any, and interest on the Securities shall have been paid in full or the Securities shall have otherwise been paid or leplly defeased pursuant to Section 1201 of the Resolution. In the event of such payment or lepl defeasance, the Issuer shall promptly pe written notice thereof to the Oblipted Penon. Section 9. Counterparts. This UndertakiJJi may be executed in counterparts, each of which shall be an original and each of which shall constitute but one and the same imttument. Section IO. Goftl'llla, Law. 11DS UNDER.TAKING SHALL BE GOVERNED BY THE L\WS OF 11IE STATE OF COLOIW>O DE'IDlMINED wnHOtrl' ltEGAllD TO PRINCIPLES OF CONFUCI' OF LAW. s . ' . ' •. .. • • • 0 1 a2xl • ,. ·. • ,, \. IN WITNESS WHEREOF, the undersiped have duly authorized, executed and delivered this Undertalcing as of 1996. COLORADO WATER RESOURCES A.ND POWEil DEVELOPMENT Atrl'BOIU'lY Name: Daniel L Law Title: Executive Director 6 Cl'lY OF ENGLEWOOD, COLORADO Name: Title: •, \ .. ,. 0 f 32xl I 1 • ·,---------------~---------- • . . COUNCIL COMMUNICATION Date Agenda 11am Subject December 2, 1118 Sale of I Sherman 11 a 1 Propertlea to EHA Initiated By Staff Source City Attorney Daniel Brotzman, City Attorney COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Englewood City Council authorized the pun:hue of five propertlN on Soulh Shennan Street with the puaage of Relolu1ions No. 85 and No. 88, SeriN of 1993, by the City. The City Council also authorized the appropriation of funds for theN purdaN wllh the passage Resolution No. 84, Series of 1993. The Clly Council aulhorlzed.,. Option Agrwnent for the Nie of theN 5 Soulh Sherman S1rNI prapertiN to the Engelwood Housing Aulhortly with passage Resolution No. 88, Series of 1995. On Novernber 11, 11181w Cly Council pused a Motion authorizing the Englewood HouUlg Aulhortly to .... Ill option for the pun:hue of these five South Sherman S1rNI pn,pertiea. RECOMMENDED ACTION The pa11age of C.B. 76, approving the Nie of flve Cly of Englewood prapel1lee localed at 3400. 3410, 3420, 3424 and 3428 Soulh Sherman SlrNI to the Englewood Housing Authority . FINANCIAL IMPACT The Englewood Housing Authority shal pay the Cly of EnglHood $112,500.00. UST OF AffACHIIENTS Bill for an OrdlrwlCe Two Wananly DNca .. • ... I. • 0 '32xl ---.,--------~-------------~.----------------------..----~--- • .. -... • ,, BY AUTHORITY ORDINANCE NO . _ SERIES OF 1998 A BILL FOil COUNCIL BILL NO. 78 ::'Wlf'tt AN ORDINANCE APPROVING THE SALE OF FIVE cm OF BNGLBWOOD PllOPEllTIBS LOCATm> AT 3'00, 3'10, 3'20, 34M AND M28 S0trl'B SBDIIAN S'l'BEET TO THE ENGLEWOOD ROUSING AUTHORITY. WBBREAS. die City Coaacil aatbari-s tbe purc:bw ortma ........ wt11a die,..... or RNolutiGm No. 86 ad No. 88, 1918; ad WHEREAS, tbe BDllewood City Comu:il aatborisecl die appnpriatioll aCdle fbllda for tbe purcbaN oftbNe 5 propertill with die....,. aC:a..utimNo. 8', Slrill aC1998; ad WHEREAS, an Opma .Apwmaat for tbe uJe ortt-5 propatia a.t... tbe City ad tbe Eqlewood Houainf Authority WU audlariaed bJ die lacl-ood City Comu:il witb tbe pauap at Reaolution No. 66, s.n.. al 1995; NOW, THBllEFOU:, BE ff ORDAINBD BY THE cm COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: k1iiAD 1 'l1Mt City Comu:11 oldie City al ........ Colando--, ~ tbe _.. of tbe f'oUowiq tm saopertiaa to die .....,_. 11--, Aatbarity • d8tailed on Ezbibit A ad luillit B • Warruaty J>Nda: 1. 3'00Saath-Sll..t 2. 3'10Saath-Sll..t 3. 8'20Saath-Sll..t ,. 3'MSoutb-Sll..t 5. 3G8Saatb-Sll9llt Semm 2. 'l1Mt City llaapr ad die City Ciak-aatbaiwl to mte tbe prapar bm at deed for tbe con...,m altma propeniN. Introdumd, rw1 ill full, ad pelNd on tint Nlldias ma die 2Dd day alDa ambw, 1111. Publiabed u a BW for an OrdiDaDce ma die 5th day alO.--, llN. ASTTEST: -1- .. I· 0 'a2xl • . " • ' : (, ... 1, Laucriabia A. BD1a. ca, a-ft6t11e av ft6BDpwaod, Ca1an11D..., ..w., .. 111a above ad ........, 1a a 1ne-,, ft6 a m 11r a OnlmaDaa, Ilda ll>hrM, nllll • 1111. _.. puaed on flnt rwlias • 111a W-, ft6Dm•ber, 1916. lmrl He A. BDia -2- '' • •· 0 • 0 , . • TIUS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. 8PBCIAL WAJIBANTY DEED 'l'Bl8 DEED, made tbil __ day of 0.-ber, 1998 between THE CITY OF ENGLEWOOD, COLORADO, a Home Rule City aiatinc under and by virtue oftbe lawa of the State of Colorado, ,rantor, wboN Jesa1 addna ia 3'00 Soath Elati Stnet, Eql8wood. Colorado 80110 and THE ENGLEWOOD HOUSING AUTHORITY, ,rantee; wboae lepl addreu ill 3460 South Sherman Street, Suite 101, Eapewood, Colando 80110. WITNE88BTII. That tbe ,rutor, for ad iD caaaideraticm altbe sum of NINETY THOUSAND DOLLARS <S 90,000.00), tbe receipt ad indllcimc:y of which ill hereby aclmowledpd, bu P'Ulted, barpined, IOld and cm'fty811, ud by tbNe piwmta doea ,rut, bupin, Nil, convey and c:odrm, unto tbe ,rutee, ita ~ and uaipa forever, all the real property topther with improY-ta, if uy, aituate, lying ud beiDr in the County of Arapahoe, State of Colorado, deacrihed u followa: Lots 1 tbru 8, Inclusive, Block 7, PREMIER ADDfflON TO ENGLEWOOD, County of Arapahoe, State of Colorado also know u: 3'00, 3'10, 3'20, I: 3424 South Sberman Street Engl-ood, Colorado 80110 TOGETIIER, with all and linplar tbe benditamenta and appurtenances thereunto belongin.1, or in uywile appertaininr, ud the revenicm ud 1'9Veraiom, remainder ud remainders, renta, iuuee and profits ta-eat; and all the Ntat.e, ript, title interest, claim ud demand wbataortv oftbe anntor, lither in law or equity, of, in and to the above bupined and premiaN, with tbe benditammta and appurtaances. TO HAVE AND TO BOLD tbe Aid..--. above barpiaed and deacribed, with the appurtmwicea, unto the srutee. ita -ad uai,m ........ ADd the snntor for itaelf, ita ·-and uaipl, doea covenut, snnt. barpin aDd acne to ud with tbe ,rantee, ita .__.. aDd uaipl, that at tbe time altbe -1m, aDd ~ al th-piwmta, it ia-ll Nized altbe premilN above cm,,.,_, bu pod, 111n, perfect, ablolute ud indefeuible atate of inherituce, in law, iD fN liapla, aDd bu pod ript, full power ud lawful authority to annt, bupin, ..U ud cmft1 the aame iD IIWIMI' aDd form afornaid, ud that the ame are free ud clear frca all .._. aDd other snnta, bar(ainl, Ale1, liem, taul, -•ta, eDcumbrucea aDd Nlb'ictiolla al wbateftr kind or nature so ever, except: Thole item. al~ uad tbNe apaciflcall:, witbbeld below. SPECW. DEED Rll:lfflUCl'IONB. 'lbil praparty lball be UNd IOlaly for 1'9aidential purpoMI. Ally other UN oftbe propllty lball c:auae tbe prclpllt:, to l'9Y9l't to the City of EDglewood upon notificaticm and payment al '80,000.00. REVDSION FOR LACK OP DBVBLOPIDNT, If~ al a buildiq bu not be(un within three yean of tbe lipiDs al tbil DNd, tbe praparty lb.all N¥at to tbe City of En,lewood upon notificaticm ud payment of '80,000.00 . .. \ I • i .,. I . • • ,. • , . • 'n1e anntor lball ad will WABBANT AND PORBYD DD'BND die above bupmed prmaiw ill die qaW ad ,..,_hie JIDIIIIHGD afdle ......... ill IIIIJlllaan ad Mlipl, apimt all ad ffWJ ,.._ or pil"IGDI lawfa117 claimiar ar 11D claim die whale CII' any part tblnaf. IN wrna:88 W&B8&0P, 'nle llid ,nntm' baa__. ill._ to be bawwwdu ........ .,, Doaalu A. Clark, -CltJ ....... afdle CltJ af..,wutl, Colando wl ill ..i tao bebaccmtu dmd, ....._. byill Citya.t, die day_..,... .. _.. wrtua. CITY OP BNGUWOOD By ___________ _ Duqlu A. Clark, City llaupr ATTEST Louc:riabia A. Ellil, City Ci.rt STATE OF COLORADO ) >•. COUNTY OF ARAPAHOE ) ,,.. fbrcaailll iutraamt .......................... __ _, af -------1• 1,y Daaclaa A. a.k, • Clt,N1nspraftlle Qt,af Enclewood. Colorado. My COIIDIDiuiOD apinl: WitDNI my band ad otlldal Mal. . • I. .. • I. 0 • • ----------------------.,-------------------------------. 0 I • • THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. SPBCW. WABBAN'ITDBBD 11118 DBBD, made tma __ day alO.-w, 1911 ..._ THE CITY OF ENGLEWOOD, COLORADO, a 8-e Rule City aial:mc UDdar ad by Yirtue al the lawa al tbe State alColando, P"&Dtar, wbme illal ~ ia MOO Sada Blm Slnat, .,.__., Colorado 80110 and THE ENGLEWOOD HOUSING AUTHORITY, ,rmtae; wbme i.,a1 ~ ia 3460 South Sherman Street, Suit.a 101, .,.__., Calando 80110. WITNB88BTB, That tbe P"&Dtar, for ud iD ClllllidaatioD al tbe nm al TWENTY-TWO THOUSAND FIVE HUNDRED DOLLABS ('22,500.00), the receipt ad llllfflcieney of which ia hereby aclmowledpd, bu ,rmt.ed, barpined, IOld and ccmfty9d, lllld by th-praenta does grant, barpin, ..U. CIIDffJ and caa&m, unto the ,rmtee, ita 91ICCelllOl'I and uli,m forever, all the ru1 property t.aptber-with improvementl, if ay, aituat.e, lying and being iD the County of Arapahoe, State of Colorado, clelc:ribed u follow1: Lota 9 and 10, IDc:luaive, Block 7, PREMIER ADDfflON TO ENGLEWOOD, County of Arapahoe, Stat.e of Colorado alao know u: 3428 SouthSberman Stnet Encl-oc,d. Colorado 80110 TOGETIIBll, with all ad liqu1ar the benditamenta and apparteDaDcea thereunto belCJDIUll, or in an:,wiae appertaiaiDc, lllld tbe revenicm and l'ftWlicma, remainder lllld nmainden, renta, iNuea and prafita tbareoe and all the ..tate, ript, title interest, claim and demand wiw-ver of the ,rmt«, either in law or equity, al, iD lllld to the above barpilled ad pnmiNa, with the bareditamata and ~- TO &AVE AND TO BOLD the Rid.,....._ above bupiDed ud delcribed, with the appurtenancN, unto the ,rant.ea, ita ._ lllld Ulipa fanffr. And the ,rmtor for itaelf, ita aucceuon and Ulipa, doea COftllllllt, ,rmt, barpin and ...-to lllld with the srantee, ita au-. and wipa, that at the time al tbe -JiD1 ud deli'fWJ al theae praenta. it ia wall Mized of the pnmiaea above _..,., baa pod, IUl'e, parfKt, absolute and indefeasible eatate of inherit&Dce, in law, iD fee limple, and bu pod ript, full power and lawful authority to ,rmt, barpin, Nil ud ccm"J the IUle in IID&IIDer and form aforeaaid, and that the ume are frN ud dear frcm all rc.-ud adlar-pwnta, barpim, Al•, liena, tu•, -•ta, ~ ud l'IMrictima al wb&tnw kind or nature ao ever, ucept: TboN it.ema al i.-d ud tbclle .,.-iScally witbbeJd below. SPBCW. DDD BB8'DUCTIONII. Tllil pnparty llball be ... ea1e1J for reaidmtiaJ purpc,eee . Any otha--al the property aball C&UN the property to l'ffert to the City of Eqlewoocl UJIOD notiftcaaOD and .,.,._t al 122,500.00. DVBBSION POR LACK OI' DBVa.OPIIDff. If caaat:ruct:ian al a baiJdms bu Dot besun within three yean of the aipiJII al thia Deed., the property lball l'Wftrt to the City of Eql-ood UJ10D Dotiftcation and pa:,mmt al '22,500.00. •. ·,' ! E .. I . 0 • . " • (. .. Tbe P"Ut.or lball ad will WAJUWn' AND POUVBJl DD'BND tbe .a-. bupined ,._... iD the quiet ad pcsorNe pmm•• aftbe..,......, tta RICCIHLft ad aaipl, apimt all ad ffa"7 pcrsaD ar .--. lawfally claiaias ar to claim tba wbDle OI' UlY put tJm.af. IN Wft'NW Wil&iiilOJ', 'l'lle said pat.ar bM cmaed •-to be bsawuto subec:ribed by Doa,las A. Clark -Cit, ....... aftbe Cit, af ......... Colando and its -1 to ... bsamato ............ bytta Cit, Clsn, tbe..., .. ,-,Int ... 'W'ritam. CITY or BNGLSWOOD a, ___________ _ Daqlu A. Clark, City lluapr ATTEST STATE OF COLORADO ) ) •. COUNTY OF ARAPAHOE ) Tbe .......... iDst:namt ...................... -day af _______ 1111 by Daaalna A. Clan.• at, Nm pr aftba Cili, af Eqlewood, Colorado. My commissiOD apirw: • I • • • • 0 'J2xl • • .. • . • ' (. ~ ·:,··~· ... ··-............. -.. , .:~ 'v':·· .. '-/~ ' :-v .· . 'y\ I C'.., :. . . 'm" '1 .. _ ,,. I -i . : """J · .. ,.. . !..;:J . . ;-~~ ' .... ·" ' ,.. . .,., .... '...-.. ... ~· -·:: r-,._. COUNCIL COMMUNICATION Data Subject ~- o.c:.mber 2, 1996 Nl.mber' d .,.,..~"'...,,. 11 a ff RNtridad NTIATEDBY UtilitlN Depal1ment STAFF SOURCE Stawart H. Fonda, Dhc:IDr' d UtilitlN COUNCIL GOAL AND PREVIOUS COUNCIL ACT10N None. RECOMMENDED ACTION The Water and Sewer Board, at their Nowmbel 12, 1996 mNting, l'9COIMlel lded C°"'1Cil approval of the ordinance c::ha,ge 12-1 B-7: Nurnbar d Uwl on Service Rntricted. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFIED Problems have arisen in the put that wwe caused by a property being aubdivided and sold aeparately without water and...,. wvicN being ...-,..d. The prapoNd ordinm change would insure that if a property wwe subdivided, water Nl'Vic:e would also have to be a aeparate service, with the lines not a'Olling a,y adjoining property. The ordinance would allow exceptions to be granted by the Director of Utilities with the c:onclM'l"8flC d the W... and Sewer Board. Existing properties will be allowed to maintain their cwrent MrVice c:anfigwationl t.ne11, in the opinion d the Oil'9dor of Utilities and the Water and Sewer Boln:I, therw ia rNIOl'I for the NMC8S to be separated. FINANCIAL IMPACT None. UST OF ATTACHMENTS Bill for Ordinance Proposed Ordinance 12-1B-7 ' ' • . .. I· 0 '32xl • --~----------------------- • ·, • 12-18-7: NUIIIIER 0/F Ullll8 ON IIIMCE RD I NC I Br. A. Men 1'1wl One PrwiiN ID a SIMce CGl1119Ctia1L Each pl.,...., or paapa.ty OR BUILDINGS SITUATED ON A PREMISE OR PROPERTY IN A MAMER WHICH WOULD AU<NITHE PREMi8E OR PROPS<, V TO IE 8UIDMDED AND THE BUILDINGS SOLD SEPARAlB.Y 11111 be lllWd bf a ...... Nnrice cm1iectlal1 OIAECTLY ID .. ffllin WITHOUT CROINGNtf onER ADJOINING PABIBE OR PROPS<, V ANDwll'I .... an llapl irMIMng only ana accalft whln ...-11 unad an arlhutoff. e.111an d...,. ID a.alha pl .... OR IIUILmllG tan• I J1l ,g NMCe COii_.., II p1dillllid and .... u,jaclNMCetD lhutdlwllllU .. Clr belnglllllatrq ... ..,ua. EXCEPTIONS TO THIS REQUIPB ENT' MAY IE GRMTED IY1HE DIRECTOR OF UTLl11E8 WITH 1HE CONCURIEIICE OF THE WAlERNIIJ SEWER BOARD UPON A REVIEW OF THE WAi I IEN REQUEST OF THE PROPERTY OWNER IN WHICH THE PROPB<rv OWNER UUSTRATES WITH BOTH WRI 11 EN AND GRAPHIC DESCRIP'T10N8 WHY THE EXCEPTION SHOULD BE GRANTE>. EXl811NG PRB 18ES, •PROPER--~TES OR BUILDINGS wtlCH DO NOT CONFOMI TO THIS REQUIREMENT MAY MAINTAIN THEIR SERVICE CONNECTION CONFIGURA110N8 UNLESS AND UNTIL SUCH T1ME THAT, IN THE OPlflON OF TIE DIRECTOR OF UTIJTIES WITH THE CONCURRENCE OF THE WATER AND SEWER BOARD, THE SERVICE MUST BE SEPARATED. 111'1 , .. n • . ' .. ,. 0 1 32xl I • ORDINANCE NO. _ SERIES OF 1996 • BY AUTHORITY AIIU.l'OR AN ORDINANCE AMENDING TITLE 12, CHAPTER lB, SECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE 1986 PERTAINING TO RESTRICTING THE NUMBER OF USERS ON ANY ONE WATER AND SEWER SERVICE. WHEREAS, iD the put problema have arilllD which .,... cauecl by a property bein, nbdivided with Iota lold aeparately without water and __. ~ bein, aeparated; and WHEREAS, tbe propoaed ordinance -1d inaun that if a propaty were 1111bdivided, water ud -• ..-vice would aJao be nquind to be aepanted with aeparate lfll'Yice lil1N to each property and to inaun that no llffice line would c:rou acljoining property; ud WHEREAS, the propoaed ordiDUlce -1d allow_._. to be sranted by tbe Direc:tor of Utilitiea with the concurrence of tbe Enpewood Wat. and Sewer Board; and WHEREAS, ailtins propertiea will be allowed to maintain tbeir current .-.ice conft,urationa unleu, iD the opiDiCJn of tbe Dindor of UtilitiN and tbe Bapewood Water ud Sewer Board, there ia a reum for the tiervicel to be ..,..-ated; and WHEREAS, tbe Enpewood Wat. and Sewer Board reviewed and rec:ammended the propoaed ordiDance at tbeir NOYelllber 12, 1998 meetia,; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLOllADO, AS POU.OWS: 8ectim 1. The City Council oft.be City of ......... Cokndo--, ..... Title 12, a...-,, lB, Sedian 7, of tbe .,..._. llairipal Cade 1116, wllicb lball rw1 • follow,: 12-lB-7: NlJIIBlllO,t-.ON lmlVICSmW'du: A . Men than One "-illl To A 8amcl Ccmaeetiaa Prellibitied: Baeb pnmiw or property OR BUILDING SfflJATBD ON A PRJDIJ8B OR PROPERTY IN A MANNO WRICH WOULD AU.OW THE PRBIIISE OR PROPERTY TO Bl SUBDIVIDED AND 1111: BUILDIN08 SOLD SEPARATELY lball be ._. by a ......... llfflOI eamaediGD DIRECTLY to tbe main wrnlOtn' CROSSING TRB O'THSR ADJOINING PRBIIISE OR PROPDTY AND with..,.... cart, ltGpl iDvolYinc ODly GDa accouat .... watar ii tanad GD or lbat •. BldmlNlD .. OF llffice to ua&blr pnmiw OR BUILDING 6-a ai1i1iDt llfflOI amMCt;iaa ii prabibit.ecl and lball Bl lllbject to ...... wit.Mat tbe Qty baq liable for uay daaap. DCEPTIONS TO TBl8 DQUIUIDNT MAY Bl GRANTED BY THE DIDCTOR OF UTIUTD8 Wl'l1I TRB -1- .. I· 0 1 32xl --------------------------------------~------------,, ' I • • • CONCURRENCE OF THE WATER AND SEWER BOARD UPON A REVIEW OF A WRIT'1'EN REQUEST OF THE PROPERTY OWNER, IN WIUCH THE PROPERTY OWNER ILLUSTRATES W1TB BOTH WRl'l'T'BN AND GRAPHIC DB8C1JIPTIONS, WHY THE EXCEPJ'ION SHOULD BE GRANTED. EXISTING PUNISES, PROPBRTIES OR BUILDINGS WIUCH DO NOT CONPORII TO TIUS REQUIRBIIENT MAY MAINTAIN TIIBIR SDVICE CONNECl'ION CONFIGURATIONS UNLESS AND UNTIL SUCH TDIE, IN THE OPINION OP THE DIRECTOR OP UTILlTIBS W1TB TIIE CONCURRENCE OP THE WATER AND SEWEil BOARD, THE SBRVICE IIUST BE SEPARATED. B . Two Or More u ... On Same Semce Line: In CMe two (2) •mare.-. .... npplied frca the ... _.._ liDe, if any of the patile fail to .,., the water cbarpa wbm dae, • to cmaply with any rule olthe Water Dniaiao, the Water DmaiaD --the ript to tuna alfthe wmr frca the whole Nrvice until IUCb cbara-are paid, • the nala atrictly awnptied with, and it ia aprwly ltipalated tbat DO claim far ...... m' atmnriN 111&7 be made apimt the Cit)' bJ-, -wboN wmr c:11ar,-baft bean paid .. wbo bu complied with the ralel olthe Water DmaiaD, bec:aue ollUCb turn- off', it beiDr aprwly ltipalated that the w,wity far IUCb tmn4 lball be ---to be the joint act ol all ---tbroup IUCb ..... Introduced, read in full, and pwed GD tint readinc GD the 2nd day olO-ber, 1996. Publiabed u a Bill for an OrdimDce GD the 6th day oln.c..ber, 1988. ATTEST : Loucriabia A. Ellia, City Clerk I, Louaiabia A. Ellia, City a..t of the City ol ........ Calindo.--, eatify that the ._ .... ,........ ia. er-eapJ of a am llr -Onliaam, iDt:nduNd. read in full, aad puNd OD Int rwliDs GD the lad.., olD1 IEW, 1988. -2- .. I· 0 • 0 ,~ • CITY MANAGER'S CINDEREUA CITY AC11VrlY REPORT NOVEMBER 26, 1996 IS (a) • MIiia-Kitchell • Actiyity: Development Agreement Negotiations completed except for tenant mix and phasy,g exhibits. Goal is to have this item completed concurrent with PUD Master Plan submittal on January 15. Staff Source -Dan Brotzman Activity: Land Planning The PUD submittal schedule is as follows: December 11 -Neighborhood Meeting. December 16-PUD District Plan submittal. January 15 -PUD Master Site Plan submittal. April-May 1997 -Final Site Plan submittal. Staff Source -Bob Simpson Actiyity: Traffic Study Clarion's subcontractor submitted completed traffic study to NBD on November 22. Study is being reviewed by NBD and will be routed to other city departments. Various traffic issues may arise during PUD review which may require additional analysis. Staff Source -Bob Simpson Activity: Tenant Recruitment Status has not changed since October 30 report. Staff Source -Doug Clark Equitable Actiyjty: Pwcbase/f>nk Am:nmcot Completion City and Equitable have been negotiating a possible restructuring of the Purchase/Sale Agreement. If restructured, Equitable would environmentally clean the property and make ready for demolition in lieu of their $1.5 million contribution . Equitable is currently evaluating this option. Staff Source -Dan Brotzman and Doug Oark ..... , I· ··------------------------...--- • I• • (. • Mercantile Actiyity: Mercantile Property Gift to City Status has not changed since October 17 report . Staff Source -Dan Brotzman • Montaoma, Ward9 Activjty: Wards 1,,&ase Surrender Status has not changed since October 17 report. Staff Source -Doug Clark .. • R'l'D Ught Rall Station Activity: Intergovernmental Agreement City and RTD are preparing IGA for light rail station at Cinderella City. Anticipated date of completion is December 16 city council meeting. Staff Source -Chuck Esterly Activtty: BID Pads N Ride Location RTD and Miller-Kitchell negotiating a joint use park and ride station on site. Status has not changed since October 17 report. Staff Source -Chuck Esterly Activity: Hampden Uqht Rail Statton Status has not changed since October 17 report. Staff Source -Chuck Esterly or Bob Simpson • SelbelKRAVCO FIN Aaa Adiyity: Fee Title City conducting exploratory talks with Selbe farnit.J to purchase the former overflow parking lot north of Cinderella City. Status has not changed since October 17 report . Staff Source -Doug Clark • Activity: KRAVCO 99-Year I en• City conducting exploratory talks to sublet 6.5 years remaining on KRAVCO lease . Status has not changed since October 17 report. Staff Source -Doug Clark , I • • ..... • 0 I• • - crrv MANAGER'S CINDEREUA crrv AC11VrrY REPORT NOVEMBER 26, 1996 13 (a) • Miller-Kitdaell • Activity: Development Agreement Negotiations completed except for tenant mix and phasing exhibits. Goal is to have this item completed concurrent with PUD Master Plan submittal on January 15. Staff Source -Dan Brotzman Activity: Land Planning The PUO submittal schedule is as follows: December 11 -Neighborhood Meeting. December 16 -PUD District Plan submittal. January 15 -PUD Master Site Plan submittal . April-May 1997 -Final Site Plan submittal. Staff Source -Bob Simpson Activity: Traffic Study Clarion's subcontractor submitted completed traffic study to NBD on November 22. Study is being reviewed by NBD and will be routed to other city departments . Various traf6c issues may arise during PUD review which may require additional analysis . Staff Source -Bob Simpson Activity: Tenant Reauitment Status has not changed since October 30 report. Staff Source -Doug Clark Eqaitable Activity; Purrbase&fe Aqqernent Completion City and Equitable have been negotiating a possible ratructuring of the Purchase/Sale Agreement If restructwed, Equitable would environmentally clean the property and make ready for demolition In lieu of their $1.5 nulion contribution. Equitable is cwrendy evaluating this option. Staff Source -Dan Brotzman and Doug Carl< I· • .c-----------~------------- • I• • (. • Mercantile Activity: Mercantile Property Gift to City Status has not changed since October 17 report. Staff Source -Dan Brotzman • M.,....._,Warda Actiyity: Wards r M§f Swrender Status has not changed since October 17 report. Staff Source -Doug Clark • Rl'D lJglat Rail Station Actiyity: Intergoyemmenta Agreement City and RTD are preparing IGA for light rail station at Cinderella City. Anticipated date of completion is December 16 city council meeting. Staff Source -Chuck Esterly Actiyity: BID Pads N Bide Location RTD and Miller-Kitchell negotiating a joint use park and ride station on site . Status has not changed since October 17 report. Staff Source -Chuck Esterly Actiyity : Hampden Llqht Rail Statton Status has not changed since October 17 report. Staff Source. -Chuck Esterly or Bob Simpson • Selb.lKRAVCO Five AG.. Actiyity: Fee Tdle City conducting exploratory talks with Selbe family to purchase the former overflow parking lot north of Cinderella City. Status has not changed since October 17 report. Staff Source -Doug Clark • Actiyity: KRAVCO 99-Y,ar I cw City conducting exploratory talks to sublet 6.5 years remaining on KRAVCO lease. Status has not changed since OdDber 17 raport. Staff Source -Doug Clark ' • • 0 '32 x l • • • ............................................................. ,,,,,,,,,, ............... rwEl'1CRV ST~~ ............. ••••••••••CIEC B3 '96 01:~)•••••••••••••••••• CITY CF ENGLEWOOD •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• .. •••••••••••••••-•••••· .. ·-·-· .... ._... CFl.JTO> •••••••••••••••••••••• • FILE FILE TYPE 054 rwEl'1CRV TX OPTION TEL I'(), 5925460 PAGE 02 !~KUNING OU. CAPACITY 299 1S (a) Cl1Y JIANAGfll'8 CINNnfi,. Cll'Y ACl'IVll'Y lllfOti ~ .. , .. ·• ............... Adlylty; Ped ,,-at~ Ntpldorll complmd maptfar.tlnlllt mix and ... ahlbill. Goal II ID have thll Ham mmplmd cancurrant wllh PUD M.-Plan......,. an January 15. Std Source -Dan Broaman .. I • • l~ • crrv MANAGER'S CINDEREUA crrv ACTIVrlY REPORT NOVEMBER 26, 1996 13 (a) • Mlller-Kitclaell • Activity: Oevelopment Agreement Negotiations completed except for tenant mix and phasing exhibits. Goal is to have this item completed concurrent with PUD Master Plan submittal on January 15. Staff Source -Dan Brotzman Activity: Land Planning The PUD submittal schedule is as follows: December 11 -Neighborhood Meeting. December 16-PUD District Plan submittal. January 15 -PUD Master Site Plan submittal. April-May 1997 -Final Site Plan submittal. Staff Source -Bob Simpson Activity: Traffic Study Clarion's subcontractor submitted completed traffic study to NBD on November 22. Study is being reviewed by NBD and will be routed to other city departments. Various traffic issues may arise during PUD review which may require additional analysis. Staff Source -Bob Simpson Activity: Tenant Requitment Status has not changed since October 30 report. Staff Source -Doug Clark Equitable Activity: Purchase/Sale Agreement Completion City and Equitable have been negotiating a possible restructuring of the Purchase/Sale Agreement. If restructured, Equitable would environmentally dean the property and make ready for demolition In lieu of their $1.5 miDion contribution. Equitable is currently evaluating this option. Staff Source -Dan Brotzman and Doug Clark •. .. I . • • • I• - <. • Mercantile Activity : Mercantile Property Gift to City Status has not changed since October 17 report. Staff Source -Dan Brotzman • MontaomerY Wanla Actiyity: Wards lease Surrender Status has not changed since October 17 report. Staff Source -Doug Clark • R'ID Ught Rall Station Activity: Intergovernmental Agreement City and RTD are preparing IGA for light rail station at Cinderella City. Anticipated date of completion is December 16 city council meeting. Staff Source -Chuck Esterly Activity: RIP Pads N Ride Location RTD and Miller-Kitchell negotiating a joint use park and ride station on site. Status has not changed since October 17 report. Staff Source -Chuck Esterly Actiyity: Hampden Llqht Rail Station Status has not changed since October 17 report. Staff Source -Chuck Esterly or Bob Simpson • Selbe/KRAVCO Five Aa. Actiyity: Eee Dtle City conducting exploratory talks with Selbe family to purchase the former overflow parking lot north of Cinderella City. Status has not changed since October 17 report. Staff Source -Doug Clark • Actiyity: KRAVCO 99-Vear I me City conducting exploratory talks to sublet 65 years remaining on KRAVCO lease. Status has not changed since October 17 report. Staff Source -Doug Clark ...... ., I· ec----------,,-------------------,--- 0 • ~;. ~/ll/J AGENDA FOR THE -"7ftitf";JJ ----~REGULAR MEETING OF · ~1 -ttr 3 cr~..i-THE ENGLEWOOD CITY COUNCIL DECEMBER 2, 1996 7:30 P.M. 1. Call to order. ') ,' M ptv 2. Invocation. 14/ Jlfr° .. 3. Pledge of Allegiance. ~ 4. RollCall. ~ 5. Minutes. . . Minutes from the Regular City Council Meeting of November 18, 1996. ~ 6 . Scheduled Visitors . !Please limit your presentation to ten minutes.) ff 7. c;o;;;,:.ul~r/!t~eadi;-1?;; =ion to five minutes.) 8. Communications, Proclamations, and Appointments. I· C • -------------·---. .--------------------------------- • , . • '· City Council AgendA December 2, 19% Pqe2 /6,:,,,.#\d7-o 10. Consent ':/(J:::!t. ... a. Approve on First Reading. ci11; '74 i. d:,.rr; ii. Recommendation from the Utilities Department to adopt a bll. for an ordinance approving Valley Supplamant 120. STAFF SOURCE:·Stew H. Fonda, Director of UtlltiH. Recommendation from the Utilities Department to adopt a ~..1!!.~ ordinance approving Southgate Supplement 1129. STAFF~: StewM't H. Fonda, Dhc:tar of Utlltles. • ... Y.rf'pprove on Second Reeding. ~/0 {J-/ ttJ.~i. Council Bill No. 54, amending R-1-A zoning regulations relati care . rJ .~_ ii. ·,JuJ.~ iii. Council Bill No. 70, approving an Intergovernmental Agreement City of Sheridan for fleet maintenance. Council Bill No. 71, approving an Intergovernmental Agreement wi Englewood Schools for fleet maintenance. ~~-iv. Council Bill No. 72, authorizing the execution of the undertaking agreement in connection with a refinancing of Littleton/Englewood Wastewater Treatment Plant's loan. 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reeding. ~ rJ;A i, ::=::~~nd;:o;a:«:' ~=~=a;:~~~.:~:;.~:~:. /_ cJ" (Ip Englewood Housing Authority. STAFF SOURCE: Daniel lrotzman, l'l 1,A~: Hnl:Ol'M'I· -fitihifrJ . ii . Recommendation from the Utilities Department to adopt a bll for an i Ai.,; l')l.. ordinance approving a restriction on the number of users per water and ~ .. C>' f.....J sewer HrylEfl line. ITAFF SOUIICE: a.w.t H. Fonda, Dnc:tor of ~ ~?-o Utlttia. w~ . . . . v-~ b . Approve on Second Reeding. . ' p. • L .. ... I • 0 1 J2xl • . /, City Council Apnda December 2, 1996 Pap3 12. General DiscuHion. a. Mayor's Choice. <, b. Council Members' Choice. 13. City Manager's Report. ,.. . " • a. Cinderella City Redevelopment Status Report. b. Recommendation to go into Executive Senion iml;~l!a,l'l.;t,11.,.ing~~ ..,a,wlar n:wttng to diacuas • ml estate matt•. • JO: '?~ ~,. ~ City Attorney's ·~ The following mi • Englewood • Englewood • Englewood Pl . ' •. .. •· 0 • • • {)ftlk o>t (nJhT' ~~-~ ti 3fJO ;? ' ~ . -~ :~r,,trJ::: /,1.i/Jwk~ftl---~ ·~ -·.· .... ' .... ' , - . , .. . . I· 0 '32xl • .,---- 0 • · I M rr~ I) :31 ,,1,. ~ ffio/!r' I • J. /at.if~~~- tf &Wf: . . -rz ~ 6. e,e, 10d,~ ~ ~1!!ollffn ' . . ' . ' . - ' I· • wi--------.---- ' ' . ,~ ·, . .. ' . , . ' . . . I· 0 • . . I• • 0 , . • ' . . • • ' • -~-----.,------~ . . . . • ' . .. . \. . - I . . C • -----------·--~-----:------~ • • •, • ' . @~ ~~5~r,~ ~·~/)~a/:kl~ t • .. . . ., •· ' . • t• • ' . . .. J I· 0 ' 'J2 x l 1------v-------·~---------. . •. 0 • ( . . ' . .,; I· 0 ' • t . • • • Decembet 16, 1996 CITY COUNCIL Regular MNting • I • .. 0 I·