HomeMy WebLinkAbout2023 Ordinance No. 022
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ORDINANCE COUNCIL BILL NO. 17
NO. 22 INTRODUCED BY COUNCIL
SERIES OF 2023 MEMBER ANDERSON
AN ORDINANCE APPROVING THE OXFORD AND NAVAJO ESTATES
SUBDIVISION IN CONJUNCTION WITH 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 City is authorized by ordinance to regulate the subdivision or
consolidation of property, including the establishment of new subdivisions, and has the
right to accept or reject the dedication or vacation of any streets, alleys, or public ways; and
WHEREAS, under the Englewood Municipal Code, a “major subdivision plat” is
required whenever there is a proposed dedication of land for public rights-of-way or public
areas; and
WHEREAS, Embrey Partners and Norris Design submitted a request for a major
subdivision in conjunction with a rezoning request to a Planned United Development
(“PUD”), the proposed Embrey-Oxford & Navajo PUD, to combine three lots along West
Oxford, South Navajo, and West Quincy to create a single parcel and to dedicate a new
public right-of-way to the City; and
WHEREAS, the proposed Preliminary Plat and the Final Plat of the Oxford and
Navajo Estates Subdivision have been reviewed by the City’s Development Review Team
(“DRT”) and the Planning and Zoning Commission; and
WHEREAS, issues identified by the DRT were addressed by the applicant to the
satisfaction of the DRT; and
WHEREAS, the Oxford and Navajo Estates Subdivision includes the vacation of
platted lot lines and the dedication of a Public Right of Way for the following amounts of
land for each street frontage:
• W Oxford Ave: 511 sq. ft.;
• S Navajo St: 6,779 sq. ft.;
• W Quincy Ave: 1,127 sq. ft.; and
WHEREAS, the Embrey - Oxford & Navajo Major Subdivision meets the
requirements and standards for subdivisions under Section 16, Chapter 8, of the Unified
Development Code; and
WHEREAS, the Planning and Zoning Commission held Public Hearing on
November 15, 2022; and
WHEREAS, the Planning and Zoning Commission made the following
conclusions regarding the subdivision:
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1. The proposed lots are compatible with dimensions established by the Embrey-
Oxford & Navajo PUD;
2. Public water and sewer along with electric, gas, and communications utilities
are available to the subject property; and
3. The subject property is not located within an identified flood plain zone; and
WHEREAS, the Planning and Zoning Commission recommends approval of the
Embrey - Oxford & Navajo Major Subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood approves the Embrey -
Oxford & Navajo Major Subdivision for the property at 1314 West Oxford Avenue, 1315
West Quincy Avenue, and 1325 West Quincy Avenue, in the City of Englewood, Colorado,
attached hereto as Attachment 1.
Section 2. The following general provisions shall apply to the 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
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obtained. This Safety Clause is not intended to affect a Citizen's right to challenge this
Ordinance through referendum under 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:
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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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