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HomeMy WebLinkAbout2021 Ordinance No. 050 1 BY AUTHORITY ORDINANCE NO. 50 COUNCIL BILL NO. 42 SERIES OF2021 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE APPROVING THE FIFIELD ENGLEWOOD STATION PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT 1070 WEST HAMPDEN AVENUE IN THE CITY OF ENGLEWOOD, COLORADO WHEREAS, the Fifield Englewood Station parcel is a 4.22-acre site formerly used for employee parking by the Sports Authority Headquarters, and is zoned I-1 Light Industrial; WHEREAS, the surrounding properties are currently being used by CubeSmart self- storage in the North building and the South building currently houses Earth Treks, Warming Trends, and Standard Interiors; WHEREAS, there is a 4.22-acre parking lot between the North and South buildings which is at the center of this development request; WHEREAS, the property was subdivided in 2018 into three separate parcels under the name of Hand Jam Subdivision; WHEREAS, Fifield Companies submitted an application for the proposed Fifield Englewood Station Planned Unit Development to establish specific zoning and site planning criteria for 303 multi-family units plus amenities and a structured parking garage for a total site density of 72 dwelling units per acre; WHEREAS, the Fifield Englewood Station PUD will change the Permitted Principal Uses to allow residential uses in addition to other by-right industrial, commercial, retail, and office uses; WHEREAS, the Englewood Planning and Zoning Commission held a public hearing on August 3, 2021 approving the PUD and forwarding the matter to the Englewood City Council with a recommendation for conditional approval; and WHEREAS, the Englewood Planning and Zoning Commission found that components of the project further the goals and objectives of the City Council Strategic Plan, further the welfare and protection of the community with substantially consistent goals, objectives, and policies of the Englewood Forward Comprehensive Plan and achieve objectives of the Downtown Development Plan; WHEREAS, the Englewood City Council held a public hearing on September 7, 2021 to consider the proposed PUD. DocuSign Envelope ID: 8633FE18-8468-41D6-A4FE-3EE4F2731632 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Fifield Englewood Station Planned Unit Development (PUD) located at 1070 West Hampden Avenue, in the City of Englewood, Colorado, attached hereto as Exhibit A, is hereby approved. Section 2. The applicant, Fifield Companies requests the Fifield Englewood Station Planned Unit Development (PUD) limit the uses allowed in this PUD to the following: Uses Allowed by the PUD District Plan: Residential Uses Group Living, large/special Group Living, small Live/Work Dwelling Multi-unit Dwelling Public/Institutional Uses Museum/Cultural Athletic Field Community Garden Park and Open Space Commercial Uses Assembly Hall or Auditorium, hall rental for meetings or social occasions Dependent Care Center, less than 24-hour care, any age Indoor Entertainment/Amusement Amusement Establishment, as a Conditional Use Physical Fitness Center/Spa Theater and Performance Center/Concert Venue, not including adult entertainment Financial Institution, with drive-thru service Financial Institution, without drive-thru service Check Cashing Facility Food and Beverage Service, including: Brewpub Caterer Restaurant, Bar, Tavern with or without outdoor operations Sales Room, associated with Brewery, Distillery or Winery Take Out and Delivery only Office, Type 1 (general) Office, Type 2 (limited) Retail Sales and Service (Sales), including: Antique Store Art Gallery DocuSign Envelope ID: 8633FE18-8468-41D6-A4FE-3EE4F2731632 3 Manufacturing/Industrial Uses Manufacturing, including: Processing, Fabrication or Assembly related to: Brewery Distillery Winery Accessory Uses Caretaker’s Quarters Dormitory Home Occupation Parking Area (surface) Parking Garage (structure) Satellite Dish Antenna Service Units or Facility Swimming Pool Temporary Uses Expansion or Replacement of Existing Facilities Farmers Market Food Vendor Carts Real Estate Sales or Leasing Office (also model homes) Outdoor Sales (e.g., tent sales, parking lot sales, sales from vendor carts, etc.) Special Event (e.g., carnival, bazaar, fair) Tents, Canopies 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. Final landscape compliance with Unified Development Code requirements and revising the landscape strip between the sidewalk and building along the Jason Street frontage, South of the main driveway entrance to the building. 2. Construction of the Englewood Rail Trail in compliance with City of Englewood design and construction documents. Final construction and final acceptance of the trail, recordation of the trail easement and maintenance easement must be in place prior to final occupancy issuance for the first residential unit. 3. Financial contribution to the future Hampden Avenue Rail Trail pedestrian bridge in the amount of 12% of the construction cost of the bridge. 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. 4. Payment of $116,655 Park and Open Space fee-in-lieu to the City of Englewood prior to the final occupancy issuance for the first residential unit. 5. Construction compliant with the City of Englewood design and construction manuals and acceptance by the City of Englewood Public Works Department of the following items DocuSign Envelope ID: 8633FE18-8468-41D6-A4FE-3EE4F2731632 4 related to traffic calming, ADA compliance and multi-modal functionality of street networks along Jason Street prior to issuance of final occupancy for the first residential unit: A. Reconstruction of the curb ramps for American Disability Act (ADA) compliance at the SW corner of Inca Street and Hampden Avenue. B. Addition of crosswalk markings, reconstruction of curb ramps to be ADA compliant and directional at the new and NE corners, reconstruction of the median to remove crossing from NW corner to the SE corner and remove curb ramp and reconstruction of the sidewalk at the SE corner of the South Inca Street/South Jason Street intersection. C. Relocation of the South Jason Street crossing to the Cube Smart driveway location. D. Improve the West Mansfield/Jason Street intersection with corner bulb-out design. E. Improve Jason Street with a mid-block choker design between Mansfield and Oxford. F. Improve the Jason/West Oxford Avenue intersection with corner bulb-out designs. 6. Substantial conformance to the elevations as presented in the PUD site development plan, including proposed materials and compliance with the architectural character standards of the high-density residential design standards for multi-family buildings. 7. 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. 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 it 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 DocuSign Envelope ID: 8633FE18-8468-41D6-A4FE-3EE4F2731632 5 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 4th day of October, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th day of October, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 6th day of October, 2021. Read by Title and passed on final reading on the 18th day of October, 2021. Published by Title in the City’s official newspaper as Ordinance No. 50, Series of 2021, on the 21st day of October, 2021. Published by title on the City’s official website beginning on the 20th day of October, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor DocuSign Envelope ID: 8633FE18-8468-41D6-A4FE-3EE4F2731632 6 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. 50, Series of 2021. Stephanie Carlile DocuSign Envelope ID: 8633FE18-8468-41D6-A4FE-3EE4F2731632