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HomeMy WebLinkAbout1975 Resolution No. 029• • • • RESOLUTION NO . .,2f • SERIES OF 1975 A RESOLUTION CONDITIONALLY APPROVING A PLANNED DEVELOPMENT (P.O.) DISTRICT, SECTION 22.4(a), ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, FOR A PORTION OF BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS, ENGLEWOOD, COLORADO. WHEREAS, an application for a planned development was heretofore received from Baldry-Denton & Partners, a professional corporation, by the Englewood Planning and Zonin g Commission, on behalf of Arthur H. K1pke, with the approval of the owners of said real property for a project known as Halcyon Heights II, for the construction of one hundred sixteen (116} living units in an eleven (11) story building designed for persons sixty-two (62) years of age and older; and WHEREAS, said project is proposed to be constructed on the northeast corner of the intersection of South Clarkson Street and Htghway 285, consisting of an assemblage of property described as follows: ; and Lots 17 through 32, inclusive, and the south one-half (~) of Lot 33, Block 4, Higgins South Broadway Heights, Englewood, Colorado WHEREAS, on May 19, 1975 the Planning and Zoning Co mmission of the City of Englewood, recommended approval of the development plan for the property above described, and forwarded satd approval, together wtth certain findings of fact and conclusions, as well as conditions of said approval to the Englewood Ctty Council; and WHEREAS, the City Council found and determined that no additional public hearin9 was necessary under the provtstons of Section 22.4A-5 (c); and WHEREAS, the City Council having reviewed the entire record, together with the findings of facts, conclusions and recommendations of the City Planning and Zoning Commission now makes the following findings and conditionally approves the proposed Halcyon Heights II project as heretofore submitted; • • • • '• , 1 . Th,, I fl,, 1 ch· v 01• n I on ~ r ,, t· I. 111• r· or; • r . C • w 11 •, 11 u I.hot· i l e d to f il e an application for approval of a development plan on behalf of Halcyon Heights II, and that said application was ffl~d on January 31. 1Q7~ and identified as City Planning and Zonfng Case No. 11-75. 2. That legal notice of the public hearing on the subject application to be held on April 8, 1975 was duly given, by publishing the same in the Englewood Herald-Sentinel, the City's official newspaper, on March 20, 1975. 3. That the property was properly posted in excess of fifteen (15) days prior to the date of public hearing as required by law. 4. That all members of the City Planning and Zoning Co••ission ·were in attendance throughout the hearing on said case held on April 8, 1975. 5. That said Case No. 11-75 was an application for the approval of a development plan under the provisions of 22.4A, Planned Development (P.O.) District in the Englewood, Colorado Comprehensive Zoning Ordinance for a multi-family project identified as Halcyon Heights II, a project composed of one hundred sixteen (116) living units in an eleven (11) story building designed in such a way as to offer a total living environment for persons over sixty-two (62) years of a g e. 6. That the real property affected by said application is described as follows: Lots 17 through 32, inclusive, and the south one-half (~) of Lot 33, Block 4, Higgins South Broadway Heights, Englewood, Colorado 7. That Arthur H. Kipke, developer of the proposed project holds options to purchase the above described property in an area containing approximately one and one-fourth (1~) acres. 8. That the area with which the application is con- cerned was zoned R-3-A, Multi-family Residence District, by Ordinance No. 5, Series of 1969, upon an application filed by Ol f ver Sidebottom, Ernest H. Brink and Hugh P. Thomas. q. That the proposed development is a permitted pr i nci pal use in said R-3-A Multi-family Residence District . • • • - • 3 10. That the proposed development is consistent with the intent of the Comprehensive Plan, which Plan projects the use of the subject site and area for multi-family residence purposes. 11. That all necessary information relating to boundary surveys, topographical maps, location of existing structures, densities, elevations, maximum height, major points of public access, internal traffic circulation system, all as required pursuant to 22.4A-4(a), has been submitted, and all of the requirements relating to information considered necessary by the City Planning and Zoning Commission and the City Council, has been submitted by the developer. 12. The written statements and documents have been submitted on behalf of Arthur H. Kipke, consistent with the provisions of 22.4A-4(e). 13. That the height of the proposed project will exceed the maximum permitted height in a R-3-A Multi-family Residence Zone District, but that said maximum height of the underlying zone district may be exceeded in an approval of the planned development. 14. That one hundred forty-nine (149) off-street parking spaces are shown on the plan submitted with the application, which is consistent with the provision of the Comprehensive Zoning Code, Section 22.48-6, which allows the Planning Commission to reduce parking requirements by twenty- fve per cent (251) ff "the probably number of automobiles owned, or used, by occupants of the proposed development will be less than typically found in similar developments". 15. That reliable information has been submitted showing the number of vehicles owned by residents in a retirement home is not as high as for a complex occupied by persons under retirement age. 16. That a revised drainage plan has been submitted by the applicant and reviewed by the City Engineer which with modifications proposed by the City Engineer will carry all water naturally passing across the site, together with any additionally runoff created by any improvements thereon, so that properties at a lower level will not be adversely affected by the development. 17. That the drainage plan approved by the City Engineer will be implemented before an occupancy permit for Halcyon Heights II will be issued . .. • • 4 lR. That public and private utilities are available to serve the project. 19. That the west leg of the alley in Block 4, Higgins South Broadway Heights no longer serves a public purpose and should be vacated pursuant to the request made in Case No. 10-75. Such vacation should not, however, become effective prior to a dedication to the City for public use for sufficient land to provide adequate turning radius for fire and emergency equipment at the intersection of the north- south portion of said alley, with the east leg of said alley. 20. That the purpose and intent of the Planned Develop- ment District 22.4A of the Englewood, Colorado Comprehensive Zoning Ordinance is met by the subject application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the application of Baldry-Denton & Partners, P.C., on behalf of Arthur H. Kipke, Robert T. Brink, Ambrose and Co., for an approval of a planned development proposal for the real property described as follows: Lots 17 through 32, inclusive, and the south one-half (~) of Lot 33, Block 4, Higgins South Broadway Heights. is hereby approved, subject, however, to the following require- ments and c~nditions: 1. That Arthur H. Kipke will exercise the options to the above described read estate and will acquire title to all of the realty above described, to the end that all of the same may be developed as a single development unit. 2. Prior to the alley vacation of the west wing of that alley lying in Block 4 of Higgins South Broadway Heights, additional right-of-way will be dedicated for public use to the City of Englewood, in order to provide a turning radius of such dimension as determined by the City to be sufficient to accommodate fire equipment at the intersection of the north-south and east portions of the alley in Block 4, of said Higgins South Broadway Heights. 3. Before any occupancy permit issues, Arthur H. Kipke will, at his expense, pave all that portion of the dedicated alley adjacent to, or adjoining, Lots 17 through the • south half of. Lot 33, Block 4 of Higgins South Broadway Heights • • • 5 and should additional land in said Block 4 be acquired to expand the project, the alley adjacent to or adjoining that land shall also be pavP.d at the expense of Arthur H. Kipke. Such paving shall be to the specifications approved by the Director of Public Works. 4. The portion of Lots 31, 32 and the south one-half (~) of Lot 33, in said Block 4, not conveyed or dedicated as public rights-of way, shall be devoted to landscaped open-space, usable open space, or to additional parking as may be required by the City. 5. The Chief of the Fire Department of the City shall desi~nate fire lanes within the planned development. and said fire lanes shall thereafter be maintained by developer. 6. Arthur H. Kipke will, at his expense, install and maintain the storm drainage system shown on the amended develop- ment plan in such a manner that it shall not become clogged or otherwise less limited 1n capacity. 7. Upon failure of the drainage system to operate properly, or should it cause flooding conditions to the building or adjacent areas, Arthur H. Kipke agrees that the City of Englewood, Colorado, may give notice to said Arthur H. Kipke or to the Resident Manager of Halcyon Heights II or to any agent to be found upon the premises. to correct the problem immediately. Upon applicant's failure to do so, the City may correct or repair the system and receive from Kipke, or the developer, the costs expended by the City. which costs if not paid within thirty (30) days thereafter, shall constitute a lien against the property, which may be foreclosed as provided by law. 8. Arthur H. Kipke agrees to indemnify the City, and to hold it harmless, against any claim made by any third party against the City, based upon any damage incurred by such third party and resulting from the increase in storm drainage caused by the construction of the project described in that planned unit development. provided, however, that: (i) Nothing herein shall be construed to create a liability against either Kipke or the City, and in favor of some third party, where such liability would not exist in the absence of this agreement, it being the sole intent hereof that Kipke shall indemnify, and hold the City harmless, only from those claims which would otherwise be possessed by some third party, in the absence of this agreement; and (ii) Nothing herein contained shall be construed to f mp ose upon Kipke liability. either to the City or to any third party, for damages caused by the runoff of water from any property not a part of the planned unit development, or any • • • t. runoff from propprf y whf•·h f -; ., p.1rt . of the pl.1nncrl unit drvr1opmPnt, ~a vr and rxcrpt to thP extent that construction of the proj~cl ~h a ll ca use an incr ease in the rate of that t·uuuff . It 1Jc•ln•1 ttu• l11l•·nl tu•r e of that K1µkt!'~ 11db111ly to the City shall bP limit ed only to claims based upon damages resulting from such increased runoff caused by such construction. The indemnification herein granted shall extend, not only to the amount of any judgment entered against the City, but also to all costs and expenses incurred 1n the defense against any such claim, 1nclud1n9 attorney's fees, provided that the City shall be required to allow Kfpke to d e f e nd any such claim. in the City's name, but Jl hts so le cost a nd expense. 9. Arthur H. Kipke agrees that the total number of resident-owned vehicles shall not exceed one hundred sixteen (116) or one-to-one ratio. The term "Vehicle" shall include, but not be limited to, cars, boats, campers, mobile homes and other forms of recreational vehicles. 10. Should the use of the site be changed from a •tirement home use, to any other multiple-family use, or any J t her use permitted in the R-3-A Zone District, the parking requir ements for that use shall be provided before such change may be made • 11. The final landscaping plans for both the parcel covered in the application, as well as Lots 31, 32 and the south half of Lot 33 in said Block 4, shall be submitted to and approved by the Planning and Zoning Commission of the City, before a Building Permit shall issue for Halcyon Heights II. 12. Recognizing that there are certain water rights to downstream users in the City Ditch, Arthur H. Kipke agrees that during the period of construction and thereafter that no acts shall be committed, and nothing done, upon Lots 17 through the south half of Lot 33 of Block 4, Higgins South Broadway Heights, which will impede the flow of the City Ditch or reduce 1ts capacity to supply the rights of downstream users. 13. A study shall be undertaken by the developer and approved by the Cfty Fire Department to establish standards to provide ventilation control by the Fire Department during fires. 14. Elevator systems shall be designed in such a way as to be suitable for evacuation of individuals by stretchers by the emergency services of the City. Also, elevator systems shall not be subject to stoppage as a result of smoke or heat problems . • • • I 1'1. Thr r.1tr• nf -;form Wiltnr runoff from thn 1lnvc•lop me nt d r ea s hall not be 1ncreased. The calculations will be provided by the developer for review by the City to confirm that the conditions of this situation are met. 16. Fire suppression and water supply capacity of a size meeting the requirements of the Fire Chief be provided on sight and connected to existing City mains prior to issuance of an occupancy permit. When additional main size is provided in a public right of way by the City, Arthur H. Kipke shall be required to connect to that larger main within six months. 17. This approval shall not become effective until such time as Arthur H. Kipke acquires title to the above realty, at which time the conditions and requirements of this approval shall then and thereafter constitute an encumbrance upon the title of such realty, and shall be binding upon all subsequent owners of any interest in that realty or any part thereof. 18. The conditions and requirements hereof shall extend to and be binding upon Arthur H. Kipke, his executor heirs, successors and assigns. Section 2. That the application heretofore submitted before the City Planning and Zoning Commission, together with the accompanying development plan, attached elevations and survey, together with this Resolution, shall be recorded in the office of the Clerk and Recorder of Arapahoe County, Colorado. ADOPTED AND APPROVED this 16th day of June, 1975. LAA) v( ;; ATTEST: reasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Resolution No. s:J!I_ , Series of 1975. "" ex o -·reasurer