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HomeMy WebLinkAbout1993 Resolution No. 095RESOLUTION NO . 95 SERIES OF t 9<;3 A RESOLUTION APPROVl]';G A PLANNED DEVELOPMENT FOR A REGIO NAL PARK PROPOS ED BY SOUTII SUBURBAN PARK AND RECREATION DISTRICT. WHEREAS . Sou1h Suburban Parlc and Recreatio n Di strict ftled a proposed Planned Developmen1 for a Re gional Par!<; and WHEREAS. lhe Regional Park Planned Deve lopment was considere<l by lhe Planning and Zoning Commi sion a1 a Pu blic Hearing which was held on July 20 , 1993 and was continued 10 Augus1 3. I 993: and WHEREAS . 1he applic ation flied by Soulh Suburban Park and Recrea1ion Di stric1 for the Re gional Park Planned De\'elopmen1 loca1ed al 1he forme r Arapahoe Count y Fairgrounds and Soulh Drive -In sires is in compliance wilh the Plann ed Development regulations and is con sist ent ><i th the intent and purpose of the Comprehen sive Plan ; and WHEREAS , the Planning and Zoni ng Commission approved the application by South Suburban Park and Recre ati on Dis tric1 for the amendment wi1h cenain condi tions and ,.,;th cenain re commendation s; NOW . THEREFORE . BE IT RESOLVED BY THE CITY CO NCIL OF THE CITY OF EKGLE WOOD . COLORADO , AS FOLLOWS : C!IY OF ENGLEWOOD. STATE OF COLORADO Fl 'DI NGS OF FA CT AND CONCLUSIONS I N THE MATTER OF A PL ANNED DE VE LOPMENT FOR A REG IONAL PA R K ON THE FOR IER ARAPAHOE C:OUNTY FAIRGROUNDS AN D SO UTH DRIVE-!N PROPERTIES FILED l!Y SO TH SUB RB A:-1 PARK AND RECR £A flON DISTR ICT Council members present: Council members absent: Bullock , Saun ders, Hathaway . \Vi ggi ns . Wa ggone r. Habenicht, and Gulley None This mailer was heard before 1he Ci1y Coun ci l on October 4, 1993. in the Ci1y Coun ci l Chambers of the En glewood Cit y Hall, up on 1he requ es1 of the South Suburban Park and Recreation District to ons id er an applica 1ion fo r Pl an ned Dev elopment approval for developme nt of a Regional Park on 1h e si res of the former Arapahoe County Fairground s and Sou th Drive-In Theater. Tes tim ony and exhibiis were received from st aff, the applican t. proponents and opponent s 10 the Planned Developmen t Th e Cou ncil received 1he Notice of Public Hearin g, th e Cen ifica ti ons of Pos ting . and the Council Communication among other evidence whi ch was in corporated into and made a pan of th e re cord of 1he Publi c Hearin g. After cons idering the s1a1emen1s of the witnesses and reviewing peninent document s, the members of the City Council made the fo llowing finding s nnd con clu si ons . FJNPJNGS QF FACT 1. THAT the Public Hearn .~ . , initiated by a ;cquest from South Suburban Parle & Rec reati on Di stric t to co nsider a Pl anned Devdopment for the proposed Re gio nal Park to be developed on the sites of 1he fo rm er Arapahoe County Fairgrounds an d South Dtive -In Theater. 2. THAT the notice of th e Publi c Hearing was published in the En~lcwood J:1'rald , th e official City ews pape r, on Septe mbe r 16. 1993. 3. THAT the propeny was properly posted by the installation of eleven signs on the perimeter of th e proposed Regional Park. which signs set fonh the date . time , and place of the Public Hearing. ~. THAT Director of Community Deve lopment Lee Merkel te stified 10 the review of the proposed Pl ann ed Deve lopment by the staff nnd the stat us of th e co nditi ons ado pted by th e Plannin g and Zoning Commission . 5 . THAT Director of Communit y De ve lopment Lee Merkel pre se nted letter s of suppon for the propo sed Re gi on 11.l Park from the Mayor of Littleton. the City Manager of Littleton, and the Cit) Manager and a Council person of Cherry Hill s Village . 6. THAT Mr. Jim Rya n, 7613 South Gilpin Coun , chairman of the South Sub urban Board of Dire ctors , testified as to the history and need for the Regio nal Park. 7 . THAT Ms. Ann Fraser. 7475 East Arapa hoe Road, Cherry Creek Soccer Assoc iation, testified as 10 the need for additional soccer field; in the souL~ metro area . 8. THAT Mr. Jeff Fiel ds, 5940 South Gaylord Way , president of the Pant her Footbal l and Baseball Club, testified as 10 the need for additional field s in 1•1e area. 9 . THAT Mr. Bill Woodcock, 3708 East Gedd es Place, Manager of Pla nning & Cons tru ction with South Suburban Park and Rec re ation D:strict, test ified as to the multifaceted benefits derived fr om recrea tion . He funher te: tified as 10 the history of effons 10 develop plans for the pro posed Regio nal Park . Mr. Woodcock al so tes tified to the devclopme t propo sal of th e ~ark and its phasing and how th e oroposcd park devel opme nt wou ld tic into , stin g Progress Park and Belleview Park . 10. THAT Ms . Cathy Han, 6448 South Herita ge Place , presider ,! of th e Dry Creek Little League , testified as 10 the need for additional ball field s in 1. e area . 11 . THAT Mr. Howard Shawcross , 3129 Ea I Cale y Avenue , te stifi ed as to hi s suppo n for the Regional Park . 2 12 . T H AT Mr . Bob Vitt , 3664 East Gedde s Driv t, tes tified as 10 th e need fo r .cldiu onal fi elds in th e area. 13. TH A.T Mr. Mike Gau1h,,, 8245 South Ogden Circ le , presid ent of Apach e Ba se ball , ,.:stifi ed as 10 the need fo r fi eld s. 14. THAT Ms. Mary Ann Loe ffl er, 73 67 Sou,h Fillmore Circ le, 1~stifi ed as 10 her sup?o rt for ,he propo se d reg ional par k and fo r a park that is acc ess ibl e 10 individ uals with speciai n~eds . 15. THAT Mr. David Loren z, 64 12 South Birch Ci rc le , Exec utiv e Direc tor of South Subu rban Park and R~c r~aii on Distric t, testified regardi ng th e propo sed mini atur e golf as a rev enul! srre31Tl fui (11ig~~"~ park mainten ance . 16. TH AT Mr. S1 ew11r1 Fond a, Dire:1or of Uti lit ies tes tifi ed as 10 South Su burban 's pkn fo r supply ing water 10 th e ~ropr,sed Regional Park an d wh en deve lopme nt req uire s water an ext ension agreem,,n , will be required . 17 . THAT Mr. Jerrell Black, Direc tor of Re.:rea ti on, 1c:;1ified as 10 th e lon g-1cm1 plans fo r Bell ev iew Park ow ned by the Ci ty of En glewo.xl . I . CONCL US IONS TH AT pro per notice was pub li shed in the En°Jewood 1-kmld. the offi cial City news pape r on Sep tembe r I 6, I 99 3, and th at th e prope n y wa s prop erly po sted gi vin g notic e of he date, time, and place of th e Pub li c Hearing . 2. THAT testimon y was recei ved from staff, fro m the appl icant , an d fro m th e public whic h was made pan of the record of the Publi c h earing . 3 . TH AT wriu en sta tem ent s, in th e fo rm of th e Coun ci l Co mm unicatio n, was rece ived and incorpo r.11ed into th e record of th e Pub li c Hearing . DECJSJON THER EFORE, it is the deci sion of the Cit y Counc il tha t the Plan ned Developme nt fo r the Regional Park propo sed by Sout h Sub ur ban Park and Recre ati< Di stri ct sha ll be approved as follow s: I . Th e Ci ty of Englewood City Coun cil here by app rov es the reco mme ndati ons of the En glewood Plann ing and Zon ing Commi ssi on for the Regi onal Park Plan ned De ve lopme nt impo ses th e fo ll owin g conJi tio n, and onl y upon th ese condition s is th e Pl an ned De vel opmenrapp roved : A. Water ,~a ll be provid ed as needed ~nd as requi red subject 10 later agree ment fo r uti li ty extensions. 3 B. West Prentice Avenue shall be constructed in 1998, unless otherwise required by the Engle wood City Council . C. The number of softball fields on the former South Drive-In site shall be limited to no more tirnn three, and the area designated on tl1e plans as "temporary parking " shr.1 '. bt.-.:ome "pennanent parking". If additional pro~ny is acquired an amended planned development may be submitted for additional field (s) within the approved plat. D. The underpass to Belleview Park be shall be comp leted in the first phase of Park development contingent upon funding pursuant to the current joint plan . E. A pedestrian barrier shall be co nstru ct ed as pan of the first phase imrlernentations on the Nonh sid-.: of Belleview . If City staff and South Sr,burban cannot agree on the na ture of the bar:ier , then a 6-foot f~nce shall be :ns,allcd. F. In stall pedestrian fl as hin g lig hts on West Belleview Avenue to warn motorists of the Park aren and pedesoian crossing subject,., CD')T approval . G . A "Ri ght Turn Only " sign with physical barrier pre•,.entir,g Left turns from the main park entrance on to Wes t bound Belleview shall ~, installed. H. Adequate lighting for high tr:lffic walking trails thruughoul the Park shall be installed. In add '.ti or all area lighting shal l be shielded so as to pre ve nt the direct beam from leavmg the development sire. I. Easements for the City of Englewood Utilities shal l be as shown on the Plat. Each of the foregoing conditions shall be done at the expense of South Suburban Park and Recreation Di soict and at no cost to the City . South Suburban Park and Recreation Di soict ma y with respect to third parties mak.e such arrangements for the cost as is agreed upon with 1hird parties. 2. The attached plat hereby is app :-oved subject to all terms and conditions hereof. Thi s decision was reached upon a vole on a motio n made at the meeting of the Ci ty Council on November I, 1993, by Waggoner , seco nded by Bullock , which mo1i on sta te s: FOR PASSAGE OF AGENDA ITEM 11 (d)-RESOLUTION NO . 95, SERIES OF 1993 APPROVING A PLANNED DEVELO PMENT FOR REGIONAL PARK. Those Council members voting :n favor of 1he resolu1ion: Unanimous Those Council members voting againsl the reso luti on: None Th ose Council members ab sent: N~ne Those Coun cil members abstai nin g: Ne ,:e e The ;c Findings of Fact and Conclusions arc effective as of the meeting of November I, 19'3. BY ORDER OF TICE CITY COUNCIL ADOPTED AND APPROVED this !st day of November , 1993 . de E. Wiggins, Md;ar ATTEST: Wad ,d/.fld_ Patricia H. Crow, City Clerk I, Patric ia H. Crow, Ciry Clerk for the Ciry of Englewood, Colorado , hereby certify the above is a true copy of Re solution No.95, Se ries of 1993 . Ckmv #~r Patricia H. Crow 5 Date i':o \'ember I , 199 3 INITIATED BY STAFF 501..iRCE COUNCIL COMMUNICA TION Agenda Item 11 d Subject South Suburban Park & Re c . Dist. Regional Park Planned De velopment Department of Coq\munity Development Lee D . Merkel, D.,~cto r of C o mmunity Develo pment ISSUE/ ACTION PROPOSED Staff seeks C o uncil s upport fo r a resolution approvL '.he South Suburban Park and Rec reation Di strict Regional Park Planned De,·e lo pment. PREVIOUS PLANNING COMMISSION ACTION T his matter first came be fo re the Planning Commission at a Public Hearing on July 20, 1993 . At that time howe, er, all r~quired information had not been submitted for staff review . So that the process wou ld move forward, the staff recommended that the Public Hearing be ope ied as scheduled , but that n o testimony be re ceived and a continu ance be granted until Aug ust 3, I 993 . This would allow the applicant adequate time to s ubmit the :1ecessary d oc umentation as well as g ive the staff adequate time fo r a thorough re v iew . At the continued Public Hearing on August 3, 1993, testimony was received from the staff of SSP&R District and its consultants, as well as seven members of the public. After con sid e ration o f the evidence and testimony presented , the Commissio n voted to recommend to City C o uncil th e approval of the Planned Dev elopmen t with the following co ndi tio ns: 1. There shall be g uara nteed participatio n between the City of Eng lew o d and South Suburban Park and Recreation District on shared con s truction costs for the installation of a 2.J " water line in South Wincjermere Street and West Belleview Av enue . 2 . There shall b e ag reement with the Pub lic Wo rks De partment o n the traffic impact iss ues . 3. ThP n umber of so ft b all fields on the former South Drive-In site shall be limited to no mo re than three, a nd the a rea designated on the plans as "tem p o rary parking " s hall become "permane n t pa rking". '\ ' -~ These issues shall be resolved prior to Counc ., cons ic!eration - The ot~ on this Pl anned Development a ppr-,v al was eight co mm issioners in favor wi th one com:,,issioner absent. P REVIOUS COU CIL ACTION On October ➔, 1993 , C ouncil held a Public Hearing on Thi s matter . It was a lso di sc ussed during the October 11 Studv Session . BACKGROUN D The prorosed Regi onal PMk is located on the former So uth Dri ve-I n si te and Arapahoe Count:· fa irgrounds site . The two sites co m pri se apprnximately 66.5 acres and a re currentl y unde,·eloped. These properties were annexed to the City in 198-l at which time they were zoned B-2 , Business and R-3, H igh Density Residence. SS 1'&R Distr ict purchased th e two sites in I 99 l. The need for this proposed facili t: "'as based u i r, the documented dema nd fo r recreation sen·ices and facilit:es in the south metro area a compiled by the District. The District utilized a public involvement process to determine the specific fa ci lity needs for the reg ional park and have incorporated the results of that process into the design. STAFF ANA LYSIS During the staff redew of this proposed Pla nned Development, se,·eral issues we re raised w ith the District concerning the physi ca l d eve lopment of th e regional park . Specifically, th e issues were the adequacy of the Traffic Impact Analysis in term s of the desi gn for street improv t men ts and the lack of a guarantee that the Distri ct wou ld financially partici pate in the installation of the water mains to be place d in South Win ermere Street and West Be lleview Avenue . Until the da y of the Planning Comm ission Public Hea ring these issues had not bee n resoh ed to the satisfa ction of the concerned Departments. At the Public Hea ring the Distri ct stated that they wou ld comm it to the resolution of the rema ining traffic and utility is sues. Based on these assurances, the Commission conditionally approved the Pla nned Develo pment with the stipulation that the issues be reso lved before Council ronsideration. At the City C ouncil Public Hearing, held on October ➔, 1993, the Distric t ind icated and staff ack now 1edged that the outstanding issues had been resoh·ed. Fu rthermore, they wou ld not use Englewood water but ins tead woul d rely on Denver water already prov id ed to the fo rmer fairgrounds site . At the October 11 , 1993 Counci l Study Session, discussion o f the Planned Development resulted in the Council direc tinr rb• City A ttorney to prepa re a re sol uti on appro,·ing the Planned Deve lopment with the following cond iti ons: A Water shall be provided as needed and a s required subject to later agreement for - utilitv extensions . South Suburban Park and Recreation Distri ct shall dedica te ease,;,ents to allow fo r future exte nsions of Engl ewood water s~rvice . 8 . IV ,« Pren tice Avenue sha ll be co:1structe<l in 19<;6, unl ess otherwise agreed by the Engl ewood Ci ty Council ,id So uth Suburban Park and Re crea tion D is trict . C. Th , ,.,mbe r o f so ftb all fields on the forme r So uth Dri ve-In site sh all be limited to n v o· nre than three , ,.,.. it.• 3rea designa ted as "temporary parking" shall beco me "permanent pJ rking". L .,dditional pro pe rty is acquired an amended planned deve lo pn,en t may be sub ,n itted fo r add itiona l field (s) within the approved plat . D. Th e unde rpa ss to Bell e \'iew Park sha ll be co mpl e ted in the first phase of th e Park 's • e,·elopment. E. A pedestrian l:arrier shal! be c01"iructed as part of the fi rst phase de\'elopment on the north side of 1:Jellev ie "'. If Ci ty sta ff and So ut h Suburban cannot ag ree on the natu re of the barrier , th en a six tc,ot fe n ce shall be installed . F. Install pedestrian flashing li ghts on \\'•!s t Belle\'iew A"enue to warn motorists o f the Park area and pedestrian crossin:;. G . A "Ri ht Tum Only" sign with physical barrier pre\'enting left turns fro m the main Park entrance on to westbound Belle ·iew shall be installed . H Adequate li ghting fo r the "alki ng trails throu ghout the Park sh all be installed . In addition all area lighting hall be shielded so as to prevent the direct beam from lea,·ing the de,·elopment. I. Easements for the City of En glewood 'tili ties sha ll be as shown on the Pla t. FINA CL~.L IMPACT The primary fi nancia l im pact associated with the Regional Park wi ll be th e future cost to th e Utilities Departm ent for o,·e rsizing the Windermere and Bell ev ie w wa ter lin es that will be requ ire d in th e e,·ent th e District requests Englewood water . So uth Suburban Park and Recreat ion Distr ic t would only be responsib le fo r a line sized to meet th ei r needs and not the o,·ers1zed line requ ired by the City . All other de\'elnpment cost w ill be borne by th e District. Ad ditional lon g-term cos ts in \'Ol\'e the potentia l in crea se in public services, such as police protection , that may be necess ary when the park is in full operation .