keys wallet bag Petition opposing apartments at Sam’s Automotive site falls short

BY ELISABETH SLAY ESLAY@COLORADOCOMMUNITYMEDIA.COM

A petition opposing a housing development at the former Sam’s Automotive site in Englewood was ruled insufficient by the city clerk’s office July 12 after falling short by just 17 signatures.

City spokesman Chris Harguth said 82 supposedly “cured” signatures were submitted to the city clerk’s office, but 42 were rejected and 40 were counted as valid.

Since previous findings had ruled the petition to be 57 signatures short of the 1,466 needed, the gain of 40 signatures was not enough to declare the petition sufficient.

The supposedly “cured” signatures were submitted last week in an attempt to salvage a petition that sought to undo the city council’s approval of rezoning for apartment development at the site, which is at the southeast corner of Oxford Avenue and Navajo Street. The petition, if it had reached the required signature bar, could have forced council to reverse its rezoning decision or put the rezoning to a citywide vote.

A “cured” signature is one that was previously found invalid and then was proven to be valid.

“The city clerk’s office has completed the review of the cured petitions submitted for the referendum,” Harguth said. “After reviewing the petitions, only 40 signatures were cured [and] 57 cured signatures were required, therefore, the final determination is that the referendum petition is insufficient.”

Earlier this month, the majority owner of the former Sam’s Automotive site, Mike Chavez, was knocking on doors and asking city residents not to “cure” their rejected signatures on the petition that aimed to derail his family’s plan to sell their land to a Texasbased apartment developer.

Chavez’s canvassing came after a June 28 decision by hearing officer Kristin Brown, who examined the petition that had been found sufficient by Englewood City Clerk Stephanie Carlile. Brown rejected multiple petition signatures on varying grounds, ultimately leaving the petition 57 names short of the number needed to either require the city council to undo the residential rezoning of the site or force the matter to a citywide election. The hearing officer’s decision launched a “cure” period, ending on July 6, in which citizens whose petition signatures were rejected could fix any issues and get their signatures counted.

On the other side of the issue from Chavez were neighborhood residents Davon Williams and Gary Kozacek, who spearheaded the anti-development petition drive. While the 17-signature shortfall could clear the way for developer Embrey Partners to build a 395unit residential complex, it is not necessarily the final word. As hearing officer Brown noted in her ruling, either the city or the petitioners can appeal her decision in Arapahoe County District Court.