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Home My WebLink About2022 Ordinance No. 013 1 BY AUTHORITY ORDINANCE NO. 13 COUNCIL BILL NO. 12 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING THE 3601 S. HURON & 1888 W. ITHICA, HURON STREET TOWNHOMES PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 3601 SOUTH HURON STREET & 888 WEST ITHICA AVENUE IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Metropolitan Residential Advisors is the owner of 3601 South Huron Street and 888 West Ithaca Avenue, Lots 1-5 and Lots 28-32 of Block 13 of the Englewood Subdivision; and WHEREAS, the 3601 South Huron Street and 888 West Ithaca Avenue site consists of over two parcels totaling 0.765 acres, more than the minimum threshold for a Planned Unit Development (PUD) in the underlying zone; 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 3601 S. Huron & 888 W. Ithaca, Huron Street Townhomes PUD which allows multi-family residential uses; and WHEREAS, the land surrounding the subject property is zoned I-1 Light Industrial District with adjacent land uses including commercial office space and a restaurant; and WHEREAS, the proposed PUD would allow a maximum of 24 for-sale townhome style residences in four buildings, each three stories in height, served by private two-car garages accessed off internal drives at the rear of the townhomes; 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 Unified Development Code, and prepared a report of its recommendations for review by the Planning and Zoning 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 January 19, 2022 and approved forwarding the DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 2 matter to the Englewood City Council with a recommendation for conditional approval subject to the conditions by City Staff and the following conditions: (1) the applicant’s financial contribution to the future Hampden Avenue Rail Trail Pedestrian Bridge in the amount of $40,000.00 made prior to the final occupancy issuance for the first residence; and (2) an increase in the landscape requirement from 21% to 25% to meet the residential landscape requirements with the 4% increase to be paid as Landscape fee-in-lieu to the City; and 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 and Zoning 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 and Zoning 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 3601 S. Huron & 888 W. Ithaca, Huron Street Townhomes, Planned Unit Development (PUD), to rezone property located at 3601 South Huron Street and 888 West Ithaca Avenue to a Planned Unit Development in conformance with such application attached hereto as Exhibit A, all within the City of Englewood, Colorado, is approved with the following conditions as recommended by City Staff and the Planning and Zoning Commission: 1. Payment of $16,320 Park and Open Space fee-in-lieu to the City of Englewood prior to the final occupancy issuance for the first residential unit. 2. 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. 3. Installation and maintenance of a historic plaque at the corner of Ithaca Avenue and Huron Street documenting the significance of the historic role that the site played in the carnation industry within the city per the approved landscape plan. 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. DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 3 5. Conditional approval is contingent on submittal and recordation with Arapahoe County of a minor subdivision plat for dedication of any necessary public easements and other property combinations/subdivisions, if necessary. 6. Financial contribution to the future Hampden Avenue Rail Trail Pedestrian Bridge in the amount of $40,000.00 prior to the final occupancy issuance for the first residential unit. 7. An increase in the landscape requirement from 21% to 25% to meet the residential landscape requirements with the 4% increase to be paid as Landscape fee-in- lieu to the City of Englewood prior to the final occupancy issuance for the first residential unit. Section 2. The applicant, Metropolitan Residential Advisors, requests the 3601 S. Huron & 888 W. Ithaca, Huron Street Townhomes 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 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 DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A 4 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 March, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of March, 2022 Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of March, 2022 for thirty (30) days. Read by Title and passed on final reading on the 21st day of March, 2022. Published by Title in the City’s official newspaper as Ordinance No. 13, Series of 2022, on the 24th day of March, 2022. Published by title on the City’s official website beginning on the 23rd day of March, 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. 13, Series of 2022. Stephanie Carlile DocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A ocuSign Envelope ID: 9C9C3C4F-DF18-4364-AA62-7B9DD01AE87A