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HomeMy WebLinkAbout2025 Ordinance No. 045 1 ORDINANCE COUNCIL BILL NO. 48 NO. 45 INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER ANDERSON AN ORDINANCE APPROVING AN AMENDMENT TO THE CHICK-FIL-A PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 3085 SOUTH BROADWAY IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Chick-Fil-A, Inc. (“Applicant”) is the owner of the property located at 3085 S. Broadway, in Englewood, Colorado; and WHEREAS, the City approved a Planned Unit Development (PUD) on the subject property in January of 2014, and the business has operated at the location since 2017; and WHEREAS, the Applicant seeks an amendment to the existing PUD to allow for the construction of two canopies over the existing drive-through as well as additional paving along the eastern side of the site along Broadway for a vehicle bypass lane; and WHEREAS, in accordance with Englewood Municipal Code (“E.M.C.”) 16-2- 1(E)(5), City staff reviewed the proposed amendment to the existing 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 August 5, 2025, reviewed the PUD amendment, considered public comment, approved it with 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 Amendment to the Chick-Fil-A Planned Unit Development (PUD) is hereby approved, subject to the terms and conditions outlined in Exhibit A, attached hereto, and as set forth by the Planning and Zoning Commission. SECTION 2. The Applicant, Chick-Fil-A, Inc., shall comply with the following condition as amended from those recommended by the Planning and Zoning Commission: a. No new plantings shall be added to the northern landscape strip that exceed two feet in height; the existing plantings may remain. 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 by a court of competent jurisdiction invalid, such judgment shall not affect, impair or Docusign Envelope ID: FA7EC9E3-340C-490F-9682-CCFFCF1DA120 2 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. Docusign Envelope ID: FA7EC9E3-340C-490F-9682-CCFFCF1DA120 3 Introduced and passed on first reading on the 15th day of September, 2025; and on second reading, in identical form to the first reading, on the 6th day of October, 2025. 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 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 Docusign Envelope ID: FA7EC9E3-340C-490F-9682-CCFFCF1DA120