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HomeMy WebLinkAbout2018 Ordinance No. 016ORDINANCE NO. 16 SERIES OF 2018 BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE APPROVING THE REZONING OF 506 EAST HAMPDEN A VENUE, 510 EAST HAMPDEN AVENUE, 550 EAST HAMPDEN AVENUE, 558 EAST HAMPDEN AVENUE, 3528 SOUTH PENNSYLVANIA STREET, 3S32 SOUTH PENNSYLVANIA STREET FROM M-2 MIXED USE MEDICAL, OFFICE, HIGH DENSITY RESIDENTIAL AND LIMITED RETAIL ZONE DISTRICT TO SYNERGY MEDICAL PLANNED UNIT DEVELOPMENT (PUD), ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, The Mulhern Group and CC 2.5 Associates, LLC submitted an application to rezone the properties from M-2 Mixed Use Medical, Office, High Density Residential and Limited Retail zone district to the Synergy Medical Planned Unit Development (PUD) which would allow for medical office space, first floor retail/restaurant space, and a covered parking structure; WHEREAS, The project is comprised of 6 parcels (Parcels A, B, C, D, E, and F) totaling 56,125 square feet, approximately 1.29 acres; WHEREAS, Parcel A is the East 48.4 feet of Lots 1-5, Block 3, Higgins Englewood Gardens, commonly known as 510 East Hampden A venue; WHEREAS, Parcel B is the West 60 Feet of Lots 43-50, Block 3, Higgins Englewood Gardens, commonly known as 550 East Hampden Avenue; WHEREAS, Parcel C is the East 65 Feet of Lots 43-50, Block 3, Higgins Englewood Gardens, commonly known as 558 East Hampden Avenue; WHEREAS, Parcel D is made up of Lots 6-7, Block 3, Higgins Englewood Gardens, commonly known as 3528 South Pennsylvania Street; WHEREAS, Parcel E is made up of Lots 8-9, Block 3, Higgins Englewood Gardens, commonly known as 3532 South Pennsylvania Street; WHEREAS, Parcel F is the West 76.6 feet of Lots 1-5, Block 3, Higgins Englewood Gardens, commonly known as 506 East Hampden A venue; WHEREAS, the subject properties lie within the M-2 Zone District, and the properties to the West, South and East are also within the M-2 Zone District. Adjacent land uses include a thrift store, parking lots, a single family residence, hair salon, apartments and a parking structure. The property directly north of the subject property is zoned M-1, Mixed-Use Medical, Office and High Density Residential Zone District and contains Swedish Medical Center; WHEREAS, The proposed Synergy Medical PUD would be bounded by South Pennsylvania Street to the West, South Pearl Street to the East, Hampden Avenue to the North, and developed lots to the South; WHEREAS, The proposed Synergy Medical PUD will provide four levels of medical offices over the first/ground level of retail/restaurant space, and will provide a parking structure on the South side of such development, with one level below grade, one level at grade or street level, and one level above grade accessible from South Pennsylvania and South Pearl Streets, containing two hundred ninety three (293) parking spaces; WHEREAS, Pursuant to the Planned Unit Development procedure, the applicant conducted a neighborhood meeting on August 24, 2017, and a second neighborhood meeting on February 8, 2018; WHEREAS, Pursuant to E.M.C. l 6-2-8(G)(3), City Staff met with Applicant on multiple occasions, 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; WHEREAS, Pursuant to E.M.C. 16-2-8(G)(4}, the Planning and Zoning Commission held a Public Hearing on June 5, 2018; WHEREAS, Pursuant to E.M.C. 16-2-S(F), the Planning and Zoning Commission recommended approval of the Synergy Medical PUD, subject to the condition of paving the associated alley; WHEREAS, Pursuant to E.M.C. 16-2-S(G)(S) 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 prior to taking action upon the Applicant's request; WHEREAS, The Englewood City Council conducted a Public Hearing on the proposed Synergy Medical PUD on July 16,2018; 2 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 may refer the proposed PUD back to the Planning Commission for any major modifications to the proposed plan 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 l. The application for Synergy Medical Planned Unit Development (PUD), to rezone property to a Planned Unit Development meets the following criteria: A. The application is consistent with the Comprehensive Plan and Title 16 . B. The application is in conformance with adopted and generally accepted development standards. The proposed development shall comply with all applicable use, development, and design standards set forth in Title 16 that are not otherwise modified or waived according to the rezoning approval. C. The application is in conformance with any other ordinance, law or requirement of the City. D. The application is substantially consistent with the goals, objectives, and policies of the City. E. 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. F. 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 and the proposed development will exceed one of the following: the development quality standards, or the levels of public amenities, or the levels of design innovation otherwise applicable under Title 16. Section 2. The application for the Synergy Medical Planned Unit Development (PUD), to rezone property located at 506,510,550, and 558 East Hampden Avenue, and 3528 and 3532 South Pennsylvania Street, all within the City of Englewood, Colorado, to such Planned Unit Development, in conformance with such application attached hereto as Exhibit A, including the modification of paving the associated alley as recommended by the Planning and Zoning Commission, is hereby approved. Introduced, read in full, and passed on first reading on the 6th day of August, 2018. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of August, 2018. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of August, 2018. 3 Read by Title and passed on final reading on the 20th day of August, 2018. Published by Title in the City's official newspaper as Ordinance No. 16, Series of 2018, on the 23rd day of August, 2018. Published by title on the City's official website beginning on the 22nd day of August, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. ~ undi~,~yor ATTEST: 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. 16, Series of 2018. 4