HomeMy WebLinkAbout2022 Ordinance No. 008
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BY AUTHORITY
ORDINANCE NO. 08 COUNCIL BILL NO. 06
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE APPROVING THE 3690 SOUTH JASON ST
PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 3690 S
JASON STREET IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Benevolent & Protective Order of the Elks Lodge #2122 is the
owner of 3690 South Jason Street, Lots 17-32 of the Englewood Subdivision; and
WHEREAS, the 3690 South Jason Street site consists of one parcel totaling
1.121 acres, more than the minimum threshold for a Planned Unit Development (PUD);
and
WHEREAS, the property currently lies in a I-1 Light Industrial Zone District
which allows for light manufacturing and industrial uses, and for warehousing and
wholesaling uses of a limited nature and size that do not create appreciable nuisances or
hazards; and
WHEREAS, Metropolitan Residential Advisors, submitted an application to the
City to rezone the parcel from I-l Light Industrial District to the 3690 South Jason Street
Planned Unit Development (PUD) which allows multi-family residential uses; and
WHEREAS, with the exception of the land to the northwest, the land surrounding
the subject property is primarily zoned I-1 Light Industrial District; the land directly to the
northwest of the parcel is the Fifield Englewood Station PUD which has been approved
for 303 multi-family residential units; and
WHEREAS, the proposed Planned Unit Development (PUD) would allow a
maximum of 66 for-sale residences in two building types: 55 units in a 4-story building;
and 11 units in carriage residences over garages, including 96 off-street parking spaces;
and
WHEREAS, pursuant to E.M.C. 16-2-8(G)(3), City Staff reviewed the proposed
PUD for compliance with the criteria set forth within the applicable provisions of the
Planning and Zoning Code, and prepared a report of its recommendations for review by
the Commission and Council, and provided a copy of the report to the applicant; and
WHEREAS, pursuant to E.M.C. 16-2-8(G)(4), the Planning and Zoning
Commission held a Public Hearing on December 7, 2021 approving the PUD and
forwarding the matter to the Englewood City Council with a recommendation for
conditional approval subject to the conditions by City Staff; and
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WHEREAS, pursuant to E.M.C. 16-2-8(G)(5) the City Council shall review the
proposed PUD, the recommendation of the City Staff, and the recommendation of the
Planning Commission, and shall hold a public hearing on the proposed PUD; and
WHEREAS, following the public hearing, and review of all information
provided, the Council may approve by Ordinance a proposed PUD rezoning if it finds that
the proposed rezoning meets the criteria provided within E.M.C. 16-2-1 et seq., or may
deny the application, or refer the proposed PUD back to the Planning Commission for
modifications based on the requirements of E.M.C. 16-2-1, et seq., which referral may
include proposed amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The application for 3690 South Jason Street PUD, to rezone property
located at 3690 South Jason Street to a Planned Unit Development in conformance with
such application attached hereto as Exhibit A, all within the City of Englewood,
Colorado, is hereby approved.
Section 2. The applicant, Metropolitan Residential Advisors, requests the 3690
Jason Street PUD limit the uses allowed in this PUD to the following: Residential Uses.
The City Council hereby accepts this PUD District Plan, and the allowed uses are
hereby included on the PUD District Plan.
Section 3. The applicant has agreed to the following conditions:
1. Financial contribution to the future Hampden Avenue rail trail pedestrian
bridge in the amount of $66,000. The final contribution amount to be determined by the
capital projects and engineering manager and payment made prior to the final occupancy
issuance for the first residential unit.
2. Payment of $24,260 Park and Open Space fee-in-lieu to the City of
Englewood prior to the final occupancy issuance for the first residential unit.
3. Reconstruction of the curb ramps for American Disability Act (ADA)
compliance and add crosswalk striping at the corners of the property to be ADA
compliant prior to the final occupancy issuance for the first residential unit.
4. Upon approval of the PUD, all proposed public multi-modal
improvements will be reviewed by the Public Works Department. If a public
improvement is approved, construction of the improvement will be required by the
developer prior to final occupancy issuance for the first residential unit.
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5. Conditional approval is contingent on submittal and recordation with
Arapahoe County of a minor subdivision plat for dedication of all new easements, any
vacation of existing easements, and other boundary line changes, if necessary.
Section 4. The following general provisions shall apply to interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability,
either civil or criminal, which shall have been incurred under such provision, and each
provision shall be treated and held as still remaining in force for the purposes of
sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered, entered, or made in such
actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained. This Safety Clause is not intended to affect a Citizen's right to challenge this
Ordinance through referendum pursuant to City of Englewood Charter 47.
Introduced, read in full, and passed on first reading on the 7th day of February,
2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the 10th day of February, 2022
Published as a Bill for an Ordinance on the City’s official website beginning on
the 9th day of February, 2022 for thirty (30) days.
Read by Title and passed on final reading on the 22nd day of February, 2022.
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Published by Title in the City’s official newspaper as Ordinance No. 08, Series of
2022, on the 24th day of February, 2022.
Published by title on the City’s official website beginning on the 23rd day of
February, 2022 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading and
published by Title as Ordinance No. 08, Series of 2022.
Stephanie Carlile
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CITY OF ENGLEWOOD
PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #ZON2021-002 )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS FOR THE ) FINDINGS OF FACT AND
REZONING OF 3690 SOUTH JASON STREET ) CONCLUSIONS OF THE
I-1 INDUSTRIAL DISTRICT TO A PLANNED ) CITY PLANNING AND
UNIT DEVELOPMENT (PUD) ) ZONING COMMISSION
)
)
)
)
)
INITIATED BY: )
Metropolitan Residential Advisors )
Peter Kudla, CEO )
2091 South Galapago Street, Suite 100 )
Denver, Colorado 80110 )
Commission Members Present: Townley, Haggerty, Austin, Browne, Fuller, Adams, Hubka
Commission Members Absent: Atkins, Donaldson
This matter was virtually heard before the City Planning and Zoning Commission on December
7, 2021 via Zoom.
Testimony was received from staff and the applicant team. Written information in the form of a
staff report and supporting documentation were incorporated into the record.
After considering statements of the witnesses, and reviewing the pertinent documents, the
members of the City Planning and Zoning Commission made the following Findings and
Conclusions.
FINDINGS OF FACT
1. THAT Metropolitan Residential Advisors submitted an application to rezone the property
from I-1 Light Industrial District to a Planned Unit Development (PUD). The proposed
PUD includes 66 for-sale residences in two building types not permitted under the existing
I-1 zoning.
2. THAT the proposed PUD depicts 55 units in a four-story building and 11 units in carriage
residences over garages. The site is 1.121 acres and will have 96 off-street parking
spaces.
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3. THAT notice of the Public Hearing was published in the Englewood Herald on November
25, 2021 and notice of the Public Hearing was on the City of Englewood’s website from
November 17, 2021 through December 7, 2021.
3. THAT the property was posted as required, said posting setting forth the date, time, and
place of the Public Hearing.
4. THAT pursuant to the Planned Unit Development procedure, the proposed PUD was
reviewed by the Development Review Team (DRT) on May 13, 2021, July 21, 2021, and
October 20, 2021. Additionally a DRT meeting was held on March 2, 2021 to conceptually
review the proposal.
5. THAT pursuant to the Planned Unit Development procedure, the applicant conducted
neighborhood meetings on April 26, 2021, September 8, 2021, September 30, 2021,
October 13, 2021, and October 14, 2021.
6. THAT the proposed PUD will exceed the development quality standards; levels of public
amenities; or levels of design innovation otherwise applicable under the UDC for
development in the I-1 zone district as follows:
The PUD will utilize high density residential design standards in construction.
Detached sidewalks will provide safer pedestrian travel throughout the area.
A neighborhood park on the property will provide a much needed amenity to those
who frequent the area.
The PUD will have a landscaped area of 12.5 percent when only 8 percent is required
by the UDC.
The PUD has a maximum height that is consistent with other new development and
redevelopment projects in the surrounding area.
7. THAT the proposed development would not be allowed or practicable under a standard
zone district with conditional uses or with a reasonable number of Zoning Variances or
Administrative Adjustments.
A base district rezoning would not be permitted at this location as it is not contiguous
to a compatible zone district.
Multi-family residential use of 72 dwelling units per acre is not permitted within the
industrial districts.
8. THAT the property cannot be developed, or no reasonable economic use of the property
can be achieved, under the existing zoning, even through the use of conditional uses or a
reasonable number of Zoning Variances or Administrative Adjustments.
The property could be developed and reasonable economic use of the property
could be achieved under the existing zoning but not with the highest and best use
of the property in the interest of the City of Englewood, the owner, or the developer.
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9. THAT the resulting rezoned property will not have a significant negative impact on those
properties surrounding the rezoned area and the general public health, safety, and welfare
of the community will be protected.
The parking report indicates that the proposed PUD has adequate parking and will
not have negative impacts on the surrounding properties.
The city Development Review Team recommends conditional approval based on
upon the Unified Development Code.
During non-business hours, this portion of the city is largely vacant of people. The
residences and activity that the PUD will generate can provide more eyes on the
street during off-peak hours of the day.
The PUD will provide walkable, for-sale housing to business owners and
employees in the surrounding area.
The applicant provided an analysis on how the PUD addresses the City Council
Strategic Plan.
CONCLUSIONS
1. THAT the application was filed by Metropolitan Residential Advisors seeking approval to
rezone 3690 South Jason Street from I-1 Light Industrial a Planned Unit Development.
2. THAT proper notification of the date, time, and place of the public hearing was given by
publication in the official city newspaper, posting on the city’s website and by posting the
property for the required length of time.
3. THAT all testimony received from staff, the applicants, and the public were made part of
the record of the public hearing.
4. THAT the City of Englewood’s Development Review Team (DRT) reviewed the PUD and
the applicant addressed all issues identified by the DRT. The content of the PUD
documents is consistent with the requirements of the UDC.
5. THAT the site is classified as a catalytic activity zone within the neighborhood.
6. THAT development of 3690 South Jason Street will create a higher density of residents
and compliments redevelopment plans for the CityCenter location and will further support
retail/commercial enterprises.
4. THAT the Planned Unit Development is substantially consistent with the goals, objectives,
and policies of the city as detailed below:
Goal Live-1: The applicant’s design is substantially in conformance with Goal Live-
1 by providing for-sale housing in a variety of housing unit sizes from 570 square
feet to 955 square feet. The PUD includes a four-story, multi-family building as
well as carriage house units.
Goal Live-3: The applicant’s site plan is substantially in conformance with Goal
Live-3, Objectives 3-1, 3-2, and 3-3. The project will provide housing with 0.5 miles
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of the Englewood Light Rail Station. The new residents will provide increased
pedestrian foot traffic throughout the area.
Goal Live-4: The inclusion of a neighborhood park will help to give this block an
enhanced neighborhood design. Additionally, the similar height of this project
compared to existing and under development projects on this block will help to give
the property a unique identity.
5. THAT the PUD is substantially in conformance with the Downtown/Englewood Station
Area Neighborhood Map. The site is located within the catalytic activity zone, which is
expected to redevelop as intensive commercial and/or high-density residential uses.
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that the application
filed by Metropolitan Residential Advisors to rezone the property from I-1 Light Industrial District
to Planned Unit Development (PUD) be recommended to city council for approval.
The decision was reached upon a vote on a motion made at the meeting of the City Planning and
Zoning Commission on December 7, 2021, by Mr. Haggerty, seconded by Ms. Hubka, which
motion states:
CASE #ZON2021-002, REZONING OF 3960 SOUTH JASON STREET FROM I-1
LIGHT INDUSTRIAL DISTRICT TO PLANNED UNIT DEVELOPMENT BE
RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH THE FOLLOWING
CONDITIONS:
1. FINANCIAL CONTRIBUTION TO THE FUTURE HAMPDEN AVENUE RAIL TRAIL
PEDESTRIAN BRIDGE IN THE AMOUNT OF $66,000. THE FINAL
CONTRIBUTION AMOUNT SHALL BE MADE PRIOR TO THE FINAL
OCCUPANCY ISSUANCE FOR THE FIRST RESIDENTIAL UNIT.
2. PAYMENT OF $24,260 PARK AND OPEN SPACE FEE-IN-LIEU TO THE CITY OF
ENGLEWOOD PRIOR TO THE FINAL OCCUPANCY ISSUANCE FOR THE FIRST
RESIDENTIAL UNIT.
3. RECONSTRUCT CURB RAMPS AND ADD CROSSWALK STRIPING AT THE
CORNERS OF THE PROPERTY TO BE ADA COMPLIANT PRIOR TO THE FINAL
OCCUPANCY ISSUANCE FOR THE FIRST RESIDENTIAL UNIT PER THE
MULTIMODAL EXHIBIT ATTACHED HERETO.
4. UPON APPROVAL OF THE PUD, ALL PROPOSED PUBLIC MULTI-MODAL
IMPROVEMENTS WILL BE REVIEWED BY THE CITY’S PUBLIC WORKS
DEPARTMENT. IF A PUBLIC IMPROVEMENT IS APPROVED, CONSTRUCTION
OF THE IMPROVEMENT WILL BE REQUIRED BY THE DEVELOPER PRIOR TO
FINAL OCCUPANCY ISSUANCE FOR THE FIRST RESIDENTIAL UNIT.
5. A MINOR SUBDIVISION WILL BE REQUIRED AND FILED WITH ARAPAHOE
COUNTY PRIOR TO THE BUILDING PERMIT APPROVAL FOR ANY NECESSARY
PUBLIC EASEMENTS.
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AYES: Townley, Haggerty, Austin, Browne, Fuller, Adams, Hubka
NAYS: None
ABSTAIN: None
ABSENT: Atkins, Donaldson
The motion carried.
These Findings and Conclusions are effective as of the meeting on December 7, 2021
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
_____________________________
Michele Austin, Chair
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