HomeMy WebLinkAbout2025 Ordinance No. 012
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ORDINANCE COUNCIL BILL NO. 9
NO. 12 INTRODUCED BY COUNCIL
SERIES OF 2025 MEMBER ANDERSON
AN ORDINANCE APPROVING THE ENGLEWOOD PLAZA
PLANNED UNIT DEVELOPMENT PLANNED UNIT
DEVELOPMENT (PUD), LOCATED AT 401 ENGLEWOOD
PARKWAY IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, Kimco Englewood 683 owns the property located at 401
Englewood Parkway, Englewood, Colorado 80110; and
WHEREAS, the property is approximately 6.2 acres in size and has historically
been a commercial shopping center, with Hobby Lobby serving as the anchor tenant until
its closure in 2023; and
WHEREAS, the property is currently zoned MU-B-1, which allows for
commercial and residential uses typically found in downtown Englewood and
CityCenter; and
WHEREAS, the property is also located within the TSA Overlay District, which
requires residential developments to achieve a minimum density of 75 dwelling units per
acre and a maximum density of 125 dwelling units per acre, translating to approximately
465 to 775 residential units for this property; and
WHEREAS, Kimco Englewood 683 has applied to rezone the property from
MU-B-1 to the Englewood Plaza PUD, thereby removing the TSA Overlay requirements
and allowing for a lower-density multifamily development consisting of 260 residential
units in a four- to five-story structure, a separate parking structure, and a potential hotel
or an additional 140 residential units in a separate building; and
WHEREAS, the surrounding area includes various land uses, with MU-B-1 and
TSA Overlay zoning to the south, east, and west, and a well-established R-1-C single-
family residential neighborhood to the north; and
WHEREAS, pursuant to E.M.C. 16-2-1(E)(5), City staff reviewed the proposed
PUD for compliance with Title 16 and prepared a report with recommendations for the
Planning and Zoning Commission and City Council; and
WHEREAS, pursuant to E.M.C. 16-2-1(G)-(H), the Planning and Zoning
Commission held a public hearing on January 7, 2025, approved the PUD with
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conditions, and forwarded the matter to City Council with a recommendation for
conditional approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
SECTION 1. The application for Englewood Plaza Planned Unit Development
(PUD) to rezone property located at 401 Englewood Plaza 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, Kimco Englewood 683, agrees to and shall comply
with the following conditions as recommended by the Planning and Zoning Commission:
1. Affordable Housing Compliance:
The project shall meet all affordable housing requirements in effect at the time of
building permit submittal, including any applicable requirements adopted by the
Englewood City Council.
2. Offsite Traffic Improvements:
For the purpose of addressing offsite traffic impacts, the applicant shall perform the
following:
A. Traffic Calming Measures on South Cherokee Street:
1. Install two sets of speed cushions, one between West Floyd Avenue and West
Eastman Avenue, and another between West Eastman Avenue and West
Dartmouth Avenue.
2. Provide the City with the final location and design of the traffic calming
devices within 90 days of receiving the first building permit for vertical
construction.
3. Submit a public engagement plan to the City for review and approval,
detailing a strategy for informing residents about the traffic calming devices
and gathering public feedback. The applicant shall bear all costs associated
with public engagement, design, and construction.
4. Ensure that the design and specifications of the speed cushions meet
applicable engineering standards and secure the necessary permits from the
City to install them within the public right-of-way.
B. Multi-Modal Fee Contribution:
Prior to the issuance of a certificate of occupancy for the first residential unit, the
applicant shall pay a multi-modal fee-in-lieu contribution of $65,000 to the City.
This amount is based on the 2023 Englewood Parkway Multi-Modal Study.
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C. ADA and Pedestrian Improvements:
The applicant shall design and complete the following ADA and pedestrian
improvements before final occupancy issuance for the first residential unit:
1. Remove and reconstruct ADA-compliant curb ramps at the northwest and
northeast corners of the South Access/Englewood Parkway intersection.
2. Construct a new eight-foot sidewalk on the west side of the South Access.
3. Install crosswalk striping at the drive aisle on the west side of the South
Access to designate a primary pedestrian route.
4. Construct new ADA-compliant ramps and crosswalks near the Cherokee
Street/Englewood Parkway intersection, in accordance with the 2023
Englewood Parkway Multi-Modal Study.
3. Impact Fees and Park and Open Space Fees:
The applicant shall pay all required impact fees and Park and Open Space fees in
accordance with the municipal code for all phases of the project.
4. Englewood Downtown Development Authority (EDDA) Requirements:
The applicant shall comply with the following conditions recommended by the EDDA:
A. Accessibility:
Ensure that at least 5% of the residential units meet Type A ADA standards to
accommodate residents with disabilities and seniors seeking to age in place.
B. Little Dry Creek Greenway Trail:
Provide a 10- to 15-foot setback along Cherokee Street with streetscape
improvements, including trees, landscaping, and pedestrian lighting. The
applicant’s park fee-in-lieu contribution shall be applied to the Greenway Trail
project.
5. Permitted Uses:
Add dependent care as a permitted use within the PUD.
6. Drainage Report:
The applicant shall update the drainage report at the time of building permit submission
to address any adopted offsite analysis.
7. Hotel Parking Requirement
The applicant shall strike the proposed parking requirement of .5 spaces per hotel room
and instead the PUD will default to the parking regulations for hotel parking listed in
Table 2-1 Development Intensity Regulations provided in the Englewood Transit Station
Area Specific Plan.
SECTION 3. 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
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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.
E. Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the
first publication by either authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby
authorized and directed to execute all documents necessary to effectuate the approval
authorized by this Ordinance, and the City Clerk is hereby authorized and directed to
attest to such execution by the Mayor where necessary. In the absence of the Mayor, the
Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The
execution of any documents by said officials shall be conclusive evidence of the approval
by the City of such documents in accordance with the terms thereof and this Ordinance.
City staff is further authorized to take additional actions as may be necessary to
implement the provisions of this Ordinance, and has authority to correct formatting
and/or typographical errors inconsistent with the approval of this legislation by City
Council.
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Introduced and passed on first reading on the 18th day of February, 2025; and on second
reading, in identical form to the first reading, on the 3rd day of March, 2025.
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 in
identical form on first and second reading on the dates indicated above; and published
two days after each passage on the City’s official website for at least thirty (30) days
thereafter. The Ordinance shall become effective thirty (30) days after first publication
on the City’s official website.
Stephanie Carlile
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