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Council authorizes mediation settlement language tied to overlay litigation; residents raise flood and tree‑loss concerns
Summary
A council resolution authorized city staff to finalize a mediation agreement resolving long‑running affordable‑housing litigation tied to overlay obligations; the agreement would permit development parameters (up to 150 units, 20% set‑aside) subject to planning review, prompting public concerns about flooding and mature tree loss.
The Englewood City Council on June 23 authorized the city to execute a mediation agreement intended to resolve claims involving Fairshair Housing Center, Englewood One and 431 East Pal LLC related to the city’s affordable‑housing overlay and prior litigation rounds.
Special counsel (identified in the meeting transcript as Mr. Buzzac) and the city attorney explained the resolution authorizes final execution of settlement language that aims to resolve pending claims and permits future development at the East Palisade site under defined parameters. Counsel said the settlement would not mandate a specific assisted‑living use but would allow up to roughly 150 units with a 20% affordable set‑aside "depending on setbacks and height" and subject to site‑specific planning, engineering and zoning review.
The item was included on the consent agenda and approved by roll call. Special counsel explained the agreement resolves years of litigation, negotiation with a special adjudicator, and prior court rounds; the city framed the measure as necessary to place obligations into the appropriate legal documents so development proposals can move through the planning process.
Residents and environmental advocates addressed council during public comment, warning that development on steep sections of East Palisade and the removal of mature trees could worsen stormwater runoff in an area that previously experienced severe flooding during Tropical Storm Ida and other events. Speakers including Diane Jansen and Pete Jansen urged the council to preserve the existing east‑hill two‑acre zoning and to prioritize green infrastructure and stormwater mitigation if development proceeds.
What it would allow: based on staff remarks, the mediation language being authorized would set parameters for redevelopment (an upper cap of roughly 150 units and a 20% affordable allocation), but final density, height, setbacks and environmental mitigation would be determined during subsequent planning board and engineering review.
Next steps: staff and special counsel said the executed mediation language will allow negotiation to be finalized with the plaintiffs and that future site plans will return to planning and the public for review; several residents said they would use the July 13 session and future planning hearings to press for stronger flood‑mitigation measures and to oppose tree removal.
