HomeMy WebLinkAbout2023 Ordinance No. 021
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ORDINANCE COUNCIL BILL NO. 18
NO. 21 INTRODUCED BY COUNCIL
SERIES OF 2023 MEMBER WOODWARD
AN ORDINANCE APPROVING THE EMBREY - OXFORD &
NAVAJO PLANNED UNIT DEVELOPMENT (PUD), LOCATED
AT 1314 WEST OXFORD AVENUE (SAM'S AUTOMOTIVE
PROPERTY) IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Great Divide LLC, Sam’s Automotive, and Kube-Carrasco
Leasing Company are the owners of 1314 West Oxford Avenue, 1315 West Quincy
Avenue, and 1325 West Quincy Avenue, respectively; and
WHEREAS, the site includes the existing Sam’s Service Company (also known
as Sam’s Automotive) and two other previous industrial uses (parcels 2077-04-4-15- 001,
2077-04-4-15-002 and 2077-04-4-066) within multiple existing buildings, totaling
approximately 8.61 acres before any Right-of-Way dedications, 8.417 acres including
Right-of-Way dedications, more than the minimum threshold for a Planned Unit
Development (“PUD”); and
WHEREAS, the property currently lies in an 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, Embrey Partners and Norris Design applied to the City to rezone the
parcel from I-l Light Industrial District to the Embrey-Oxford & Navajo PUD, which
allows multi-family residential uses and food and beverage service and retail sales; and
WHEREAS, the property is surrounded by a variety of land uses, including two
PUD multi-family projects, the Oxford Station PUD and the Navajo Apartment PUD, to
the west; I-1 Light Industrial zone uses to the north and south, and R-1-C single-family
residential zone uses to the east; and
WHEREAS, the proposed PUD would allow 361 apartment units in a four-story
building surrounding a parking structure, as well as 34 rental townhomes in seven three-
story buildings with private garages for a total site density of 46.9 dwelling units per acre,
inclusive of Right-of-Way dedications; and
WHEREAS, under 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
Englewood Municipal Code and prepared a report of its recommendations for review by
the Planning and Zoning Commission and City Council, and provided a copy of the
report to the applicant; and
WHEREAS, under E.M.C. 16-2-8(G)(4), the Planning and Zoning Commission
held a Public Hearing on November 15, 2022, and forwarded the matter to the
Englewood City Council with a recommendation for conditional approval subject to the
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applicant meeting the following conditions, with the construction of the improvements to
be completed by the developer prior to issuance of final occupancy of the first residential
unit:
1. Widening of Oxford Avenue, east of Navajo Street, to provide an additional
eastbound outside lane along the north side of the development. The proposed
eastbound outside lane on Oxford shall be a minimum of 12 feet wide and extend
from Navajo Street to just east of the existing residential driveway (1300 West
Oxford Avenue) and then taper down at approximately 10:1 (taper terminating
before Lipan Street to the east);
2. Coordinate bus stop relocation on Oxford Avenue (which accommodates
widening) with RTD to confirm there are no issues with the change and that the
change is acceptable. Make any modifications necessary to conform to RTD
requirements for the change;
3. Ensure the proposed curb ramp on the east side of the proposed right in/right out
(RIRO) driveway along Oxford Avenue can appropriately tie into the adjacent
existing sidewalk/driveway to the east;
4. Remove and replace all noncompliant Americans with Disabilities Act (“ADA”)
curb ramps at Navajo/Windermere/Oxford with directional ADA-compliant curb
ramps;
5. Remove and replace crosswalk markings at Navajo/Windermere/Oxford to
accommodate updated curb ramps;
6. Restripe east approach of Navajo/Oxford:
a. Modify double yellow and white markings to eliminate the westbound left
turn lane (WBLT) into north access to the site.
b. WBLT length should be based on traffic analysis (queue + deceleration +
taper) but no longer than what would impact existing EBLT to the driveway at
Oxford/Lipan intersection.
c. New markings to accommodate widening along eastbound lanes.
7. Remove and replace pavement markings on Navajo Street, south of Oxford, to
extend the northbound left turn lanes (NBLT) lane per traffic study
recommendations;
8. Modify the traffic signal at Navajo/Oxford to provide a dedicated NBLT
movement with a left-arrow traffic signal head. Improvements to include all
necessary traffic signal controller equipment upgrades;
9. Remove and replace existing traffic signal pole, mast arm, and signal heads
located in the southeast corner of the Navajo/Oxford intersection at an alternate
location within the right of way to accommodate the public improvements
constructed with this PUD;
10. Furnish and install light rail wayfinding signage on NB Navajo along the property
frontage. Reference city’s wayfinding plan for location and design of signs;
11. Coordinate with the Colorado Department of Transportation (“CDOT”) to
implement updated timing plans for the Navajo/Oxford traffic signal that are
coordinated with the Santa Fe/Oxford intersection traffic signal and that
accommodate the improvements to the Navajo/Oxford intersection;
12. Coordinate with CDOT to install “Signal Ahead” warning signs (W3-3) with
flashing beacons coordinated with the traffic signal timing on the northbound and
southbound approaches to the Santa Fe/Oxford Avenue intersection;
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13. Make a $485,430.00 contribution participation fee prior to the City issuing the
first Certificate of Occupancy for the construction of the pedestrian bridge over
Oxford Avenue between Santa Fe Drive and South Navajo Street as part of the
city's rail trail master plan; and
14. City staff will monitor construction at Oxford Avenue and Navajo Street to
determine if additional improvements are needed.
WHEREAS, under 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 City 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 Embrey-Oxford & Navajo Planned Unit
Development PUD to rezone property located at 1314 West Oxford Avenue, 1315 West
Quincy Avenue, and 1325 West Quincy Avenue to a Planned Unit Development in
conformance with such application attached hereto as Exhibit A, and the conditions set
by the Planning and Zoning Commission, all within the City of Englewood, Colorado, is
hereby approved.
Section 2. The applicant, Embrey Partners and Norris Design, requests the
Embrey-Oxford & Navajo Planned Unit Development PUD limit the uses allowed in this
PUD to the following: Residential Uses and food and beverage service and retail sales.
The City Council hereby accepts this PUD District Plan, and the allowed uses are
hereby included in the PUD District Plan.
Section 3. The applicant has agreed to the following conditions, with the
construction of the improvements to be completed by the developer prior to the issuance
of final occupancy of the first residential unit:
1. Widening of Oxford Avenue, east of Navajo Street, to provide an additional
eastbound outside lane along the north side of the development. The proposed
eastbound outside lane on Oxford shall be a minimum of 12 feet wide and extend
from Navajo Street to just east of the existing residential driveway (1300 West
Oxford Avenue) and then taper down at approximately 10:1 (taper terminating
prior to Lipan Street to the east);
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2. Coordinate bus stop relocation on Oxford Avenue (which accommodates
widening) with RTD to confirm there are no issues with the change and that the
change is acceptable. Make any modifications necessary to conform to RTD
requirements for the change;
3. Ensure the proposed curb ramp on the east side of the proposed right in/right out
(RIRO) driveway along Oxford Avenue can appropriately tie into the adjacent
existing sidewalk/driveway to the east;
4. Remove and replace all noncompliant Americans with Disabilities Act (ADA)
curb ramps at Navajo/Windermere/Oxford with directional ADA-compliant curb
ramps;
5. Remove and replace crosswalk markings at Navajo/Windermere/Oxford to
accommodate updated curb ramps;
6. Restripe east approach of Navajo/Oxford:
a. Modify double yellow and white markings to eliminate the westbound left
turn lane (WBLT) into north access to the site.
b. WBLT length should be based on traffic analysis (queue + deceleration +
taper) but no longer than what would impact existing EBLT to the driveway at
Oxford/Lipan intersection.
c. New markings to accommodate widening along eastbound lanes.
7. Remove and replace pavement markings on Navajo Street, south of Oxford, to
extend the northbound left turn lanes (NBLT) lane per traffic study
recommendations;
8. Modify the traffic signal at Navajo/Oxford to provide a dedicated NBLT
movement with a left-arrow traffic signal head. Improvements to include all
necessary traffic signal controller equipment upgrades;
9. Remove and replace existing traffic signal pole, mast arm, and signal heads
located in the southeast corner of the Navajo/Oxford intersection at an alternate
location within the right of way to accommodate the public improvements
constructed with this PUD;
10. Furnish and install light rail wayfinding signage on NB Navajo along the property
frontage. Reference city’s wayfinding plan for location and design of signs;
11. Coordinate with CDOT to implement updated timing plans for the Navajo/Oxford
traffic signal that are coordinated with the Santa Fe/Oxford intersection traffic
signal and that accommodate the improvements to the Navajo/Oxford
intersection;
12. Coordinate with CDOT to install “Signal Ahead” warning signs (W3-3) with
flashing beacons coordinated with the traffic signal timing on the northbound and
southbound approaches to the Santa Fe/Oxford Avenue intersection;
13. Make a $485,430.00 contribution participation fee prior to the City issuance of the
first Certificate of Occupancy for the construction of the pedestrian bridge over
Oxford Avenue between Santa Fe Drive and South Navajo Street as part of the
city's rail trail master plan; and
14. City staff will monitor construction at Oxford Avenue and Navajo Street to
determine if additional improvements are needed.
Section 4. The following general provisions shall apply to the interpretation and
application of this Ordinance:
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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 and passed on second reading, in identical form to the first reading, on the 3rd
day of April, 2023.
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 an Ordinance, introduced and passed on
second reading on the date indicated above; published beginning two days after passage
on the City’s official website for at least thirty (30) days thereafter; and published once
by Title in the City’s Official City Newspaper. The Ordinance shall become effective
thirty (30) days after first publication on the City’s official website.
Stephanie Carlile
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