HomeMy WebLinkAbout1977-05-09 (Regular) Meeting Agenda.r
CITY COUNCIL MEETING -May 9, 1977
Special
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AGENDA
FOR THE SPECIAL MEETING OF THE
ENGLEWOOD CITY COUNCIL
MAY 9, 1977
Call to order, invocation, pledge of alleg iance,
and roll call.
1. Public Hearing.
(a) Public Hearing on Hampden Professional
Park Subdivision final plat. (Copies
enclosed .)
2. Adjournment.
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MEMORANDUM
TO:
FROM:
DATE:
City Manager ~~own
Richard s./lrabu~h, Director of Community Development
May 6, 1977
SUBJECT : Sequence of events relative to the Hampden Professional
Park Subdivision
BACKGROUND :
The Acting Dir ector of the Department o f Community Develop-
ment and the Department Heads, or their assistants, of the
Utilities Department, Public Works Department and Fire Depart-
ment, together with the City Attorney, started meeting with
representatives o f Larwin Multi-Housing Corporation and persons
interested in purchasing spec ific phases of the Larwin site,
in late 1976. Larwin representatives and the prospective
purchasers were told that the site would have to be platted
before it could be divided for the sale o f any of the nine
phases identified in the Subdivision Waiver which was approved
by Planning Commission Resolution #8, Series of 1972. On
January 20, 1976, Mr. Roy J. Pogue, Vice-President o f Larwin
Group, Inc., met with the Planning Commission at the members•
request and the Commission told Mr. Pogue that the site must
be platted before any if the identified phases are sold, in-
asmuch as he had stated that Larwin could not complete the
development which had been approved.
The staff continued to be contacted by persons interested
in purchasing undeveloped portions of the Larwin site --especially
Phases 5, 6 and 7, and Phases 8 and 9. On July 16, 1976, the
Acting Director of Community Deve lopment sent a certified letter
to Mr. Pogue, again pointing out the necessity f or platting .
There was no reply.
In the meantime, the Acting Director discussed the matter
with the City Attorney, oth er Departmen t Heads and the Com-
mission. It was generally agreed that the primary purpose
for requiring a Subdivision Plat was to obtain dedicated right-
of-way f or the internal streets, East Girard Avenue and South
Gilpin Way, which are now private and which do not meet City
standards. Since it was fairly obvious that Larwin would not
Plat, it was decided that we could accomplish the same thing
by requiring individuals to Plat the land they purchase and
dedicate the rights-of-way to City standards before they
could develop the land.
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City Manager McCown
May 6, 1977
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Mr. Tom Re gan, R. P.R. Brothers, Ltd., and Emmett Curry
on Mr . Regan's behalf, contacted the staff and told o f Mr.
Regan's intent to purchase Phases 8 and 9 of the Larwin site .
Mr. Regan was told that the portions o f the right-of-way f o r
East Girard Avenue and South Gilpin Way which are adjacen t to
those phases would have to be dedicated to the City to Ci t y
standards and Phases 8 and 9 platted if they were to b e divide d.
Mr. Regan and his architect worked with the various City Depar t -
ments to develop a Preliminary Design f or Hampden Pro fessional
Park Subdivision.
10/12 /76
R. P. R. Brothers, Ltd., 460 South Marion Parkway,
Suite 154, Denver, Colorado 80209 and Larwin Multi-
Housing Corporation, 16255 Ventura Boulevard, Encino,
California 91436, submitted an application I or approval
of a Subdivision Plat for Phases 8 and 9 of the plan
approved by Planning Commission Resolution No. 8,
Series of 1972.
10/19/76
The City Planning and Zoning Commission considered the
Preliminary Plat for the Hampden Pro fes sional Park Sub-
division and approved the Preliminary Plat subject to:
1. No lot could be less than 24,000 square feet in
area.
2. A 50 foot internal right-of-way would be dedicated.
3, Nece ssary easements would be provided for utility
service.
4, A 60-foot right-of-way would be dedicated f or East
Girard Avenue adjacent to the subject land.
5, An addendum to the Drainage Plan would be submitted
which would be approved by the Director of Public
Works.
6. The Final Plat would meet the requirements of the
Subdivision Regulations.
12/21 /76
A Public Hearing on the Final Plat was scheduled; but
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City Manager Mccown
May 6, 1977
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because some of the information was determined not to
be in order by Assistant City Attorney DeWitt, it was
not held.
1 /4 /77
A Public Hearing was ~eld on th~ Final Plat of the Hampd e n
Professional Park Subdivision. Pursuant to the Subdivis ion
Regulations and State Statute, notice was sent to all o f
the property owners "immediately adjacent" to the land
being platted --Phases 8 and 9. The matter was tabled
until January 18, 1977 .
1 /18/77
Mr. Richard Brown, 3403 South Race Street, and Mr. Gordon
Allott, 3427 South Race Street, asked that the Commission
not act on the Plat until the Kent Village Association
had a chance to review the Plat and address the Commission
relative to the Plat.
An unsuccessful attempt was made to reopen the Hearing.
Consideration of the Plat was continued until March 8,
1977.
2 /18/77
John Criswell wrote a letter to the members of the
Planning Commission on behalf of the Kent Village Associa-
tion, asking that the Hearing be reopened.
2 /23 /77
The Commission passed a motion to reopen the Public
Hearing on March 8, 1977.
3 /8 /77
The Public Hearing on the Final Plat of the Hampden Pro-
fessional Park Subdivision was reopened --Notice having
been sent to property owners within and adjacent to the
entire Larwin site.
The Planning Commission denied approval of the Plat.
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City Manager Mccown
May 6, 1977
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3 /22/77
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Findings of Fact denying approval of the Final Pla t were
considered by the Commission. During the discussion o f
the Findings of Fact, a member of the Commission expressed
concern over his vote to deny approval of the Plat. A
motion to approve the Findings of Fact died for the want
of a second. A motion was made to reconsider Case #3 1-76,
the Hampden Professional Park Subdivision.
A motion was made and approved to recommend the Final
Plat to the City Council with the following conditions :
1. Buildings could not exceed two stories.
2. All development must be accomplished under the
Planned Development District.
3. The definition of "Pro fessi onal Office" must be
strictly enforced if the site is developed with
professional offices.
4 /5 /77
The Findings of Fact approvin g the Final Plat were approved
as amended and referred to the City Council.
4 /18/77
The City Council moved to receive the Planning Commission's
Findings of Fact relat i ve to the Hampden Professional Park
Subdivision.
4 /21 /77
An appeal was fi led on behalf of R. P. R. Brothers, Ltd.
r e l ative to the action taken by the Planning Commis sion
on March 22, 1977.
5 /9 /77
The City Council will hold a Public Hearing to consider
the Hampden Professional Park Subdivision Plat. The
Council must "approve, modify or reverse the Commission's
action and shall remand the matter to the Commission for
further proceedings not inconsistent with Council's
decision." (§12-3-30 '69 E.M.C.)
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City Manager Mccown
May 6, 1977
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When the Plat is approved, i t is r e corded in t h e o ff ic e
of the Arapahoe County Clerk a nd Recorder.
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APPCA L TO THE CITY COUNCIL
OF T HE CITY OF ENGLCWO OO
STAT E OF COLORADO
OF 1\CTJON 1'/\KEN llY
'J'IIE C l'l'Y PLANNING l\ND ~ON JNG COMMISSIO N
REGARDING CA S E #31-76
HAMPDEN PROFESSIONAL PARK SUBDI VIS ION PLAT
COMES NOW, RPR Brothe rs, Ltd., a nd Thomas J. Re ga n,
its Pr esident, and The Sternberg P art n e rs hip, by and
through thei r attorneys, Caskins, He rt z man & Chanzit,
and by filing this Appeal with the City Clerk of the
City of Engl e wood, State of Col orado , appe als to the
City Co uncil of the City of Engl e wood, Colorado, to
remove c e rtain conditions from t h e approval of the above
cited plat by the City Planning a nd Zoning Commission,
DEPT. 0: r;;:.'.:·:·~
ENCL [:'J0:B
and as grounds therefore, would s h o w unto the City Council,
as foll o ws:
1. That at the regular meeting of the City Planning
and Zoning Commission on March 22, 1977, the plat for the
Hampd e n Professional Park Subdivision Plat was approved
by the said Planning and Zoning Commission subject, how-
ever, to certain conditions, among which conditions are
the following two:
"Buildings in the deve lopme nt of Hampden
Prof es sional Park s hall n ot e xceed two
stories" .
"All developme nt of th e Hdmpde n Prof e ssional
Park Subdivision shall be accomplished under
a Plann ,-,c] Oe v e lopmc nt".
2. That L11 c., :;,d<I il C'I ion wil s ,a1l ,11,i t led Lo the
app l jc;int!; h ere in by l c ttc,r dol e d M..i rc h :.!5, 1977.
3. Tha t t h ese applicants r eq u e st that the above
t wo conditions be reversed by the City Council, and as
grounds fo r the said reversal would show as follows:
a. Tha t the sa id Pl a nning and Zoning Commission
was arbitrar y a nd ca pricious a nd unreasonably r es trictive
in app lyi ng Lh e two co n tlitions.
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b. Thal t he said PL,1111ing and Zoning Commissi on
did not uti li ze the same criteria used in considering the
prelimina r y design when they imposed the sa id conditions.
c. That the two conditions were imposed for
purposes other t h an to overcome specific problems relating
to the said plat .
d. That the Pl an ning and Zoning Commission
e xceeded its authority in imposing the said two conditions
as set forth in the appropriate ordinance of the City of
Englewood and spe ci fi cally Ordinance #17, paragraph
21.4-8, Series 1967.
e. That the said Plann ing and Zoning Commissi on
in effect imposed re-zoning upon the su bj ec t plat and
thus exceeded its authority.
WHEREFORE, the applicants ask that this City Council
approve the action taken by the City Planning and Zoning
Commission on March 22, 1977, in relation to the above
cited plat, except that it is requested that it reverse
the said Planning and Zoning Co mmission's actions in
imposing the two above stated conditions.
Respectfully submitted,
CASKINS, HERTZMAN & CHANZIT
Attorneys for Applicants
De nver, CO
4 58-0485
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City of Englewood
July 16, 1976
Mr. Roy J. Pogue
Vice President
Larwin Group, Inc.
16255 Ventura Boulevard
Encino, California 91436
Dear Mr. Pogue:
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3400 South Elati Stree t
Engl ew ood , Colorado 80 110
Ph one (303) 76 1-11 40
You will recall, tha t at the me e ting of t he Englewood Pl a nn i n g
Commission on January 20, 1976, at which me eting you we re i n
attendance, the matter of the platting of the land commonly
referred to as the "Larwin Site " was discussed. As was s ta t e d
at that meeting, a waiver to the requirement of subdividing 1he
land was initially approved only bec a use t he entire site was
to be developed as a unit. Now that the plans for the original
development have changed and the land is being disposed of in
several parcels, it is necessary for Larwin to comply with
the Englewood, Colorado Subdivision Regulations,
The several members of the City staff met previously with
Mr. George Jones and discussed the subdividing procedure;
however, it is my understanding Mr. Jones is no longer w i th
Larwin. I am, therefore, enclosing a copy of the Subdivision
Regulations for your information, If you have any qu e stions
about the process, I would appreciate an opportunity to mee t
with you or your representative as soon as possible in order
that the platting can be undertaken prior to any f urth e r
division of the land.
Very t ruly yours,
D, ANDREWS ROMANS
Acting Di rector
Community Development
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cc: City Manager Mccown
City Attorney Berardini
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR
RECOM MEN DA T ION OF THE CITY PLANNING AND ZONING COMMISSION
DATE : March 22, 1977
SUBJECT: Hampden Prof essional Park Subdivision
Fina l Plat
RECOMMENDATION :
Don Smith mov ed:
Ed Smith seconde d : The Pl anning Commission recomme nd to City
Council approval o f the Hampden Prof ession a l
Park Subdivision, as set forth in Case #31-76, with the f ollow-
ing conditions made a part o f the approval:
(1) Buildings in t he developme nt o f Ha mpden Professional P a rk
shall not excee d two stori es .
(2) All development of the Ham pden Pro fes sional P ark Sub-
division shall be accompli shed unde r a Planned Development.
(3) If the Hampden Pro fes sional Park Subdivision is developed
with professional office buildings, the f ollowing definition
o f "Professional Off ice" sha ll be e n f orced throughout this
developme nt:
"Professional Off ice: The office of a person engaged in
any occupation, vocation, or cal ling, no t purely commercial,
mechanical, or agricul tural in which a pro fe sse d knowledge
or skill in some d epartment of science or learning is used
by its practical application t o the af f airs o f others,
either a dvising or guiding them in serving their interest
or welfare through the practice o f an act founded thereon,
such as medical doc tors, dentists, attorneys-at-law,
architects or e n gineers ."
AYES: Don Smith, Ed Smith, Wade, Ow ens
NAYS: Pierson, Parker
ABSEN T: Tanguma, Williams, Jor gens on
The mo tion carried .
Respectful l y submitted,
By Order of the City Planning
and Zoning Commission ,
Gertrude G. Welty J / .
Recording Secretary
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STAFF REPORT
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STAFF REPORT RE:
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SUBDIVISION PLAT
Case #31-76
Public Hearing on the Final Plat for Hampden Prof e ssional
Park Subdivision.
DATE TO BE CONSIDERED:
January 4, 1977
NAME OF APPLICANT:
R.P.R. Brothers, Ltd. (Thomas Regan)
460 South Marion Parkway
Suite 154
Denver, Colorado 8020 9
Larwin Multi-Housin g Corporation
16255 Ventura Boulevard
Encino, California 91436
NAME OF PROPERTY OWNER:
Larwin Multi-Housing Corporation
16255 Ventura Boulevard
Encino, California 91436
RELATION OF APPLICANT TO REQUEST:
R.P .R . Brothers, Ltd. has an option to purchase the
subject property from the Larwin Multi-Housing Corporation.
Mr. Thomas J. Rega n is the pers on irom RPR with whom the staff
has been wo rki n g . The Ste rnberg Partnership is the ar chitectural
firm, and Genge/Meurer Serafini Inc. the Engineering firm,
e mployed to prepare the Plat.
LOCATION OF THE SUBJECT PROPERTY:
The subject property is a 12-acre site on the south -
west corner of the Larwin Property . It was identified in the
Larwin Subdivision Waiver as Phase s 8 and 9.
ZONE DISTRICT:
R-3, Hi gh-Density Residential Zone District .
DESCRIIYI'ION OF REQUEST:
As set forth in the Subdivision Regulations, Chapter
3, Title I, §12-3-26, the applicant must submit the Final Sub-
division Plat, together with such accompanying papers and docu-
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STAFF REPORT
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SUBDIVISION PLAT
Case #31-76
ments as may be required within a reasonable period oi t ime
after the approval of the Preliminary Design by the Commis sion.
The Final Plat mu st reflect the subdivision plan which was ap-
prov e d by the Commission on the Preliminary Desig n .
Following approval of the Preliminary Plan for the
Hampden Professional Park Subdivision by the Planning Commission
at its meeting on October 19th, the applicant has submitted the
Final Plat ior consideration at a Public Hearing .
The a pplicant requ ests approval 0 1 t he Hampd en Professiona l
Park Subdivision Plat.
RECOMMENDATION OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT:
The staff recommends that the Public Hearing be h e ld
as planned on Janu ary 4, 1977, to r eceive the testimony o f
persons interest ed in the Ha mpd en Pro1 essiona l Park Subd ivis ion
Plat. Becaus e there appears to be s om e q u est ion as to the
ownership of the north 20 1eet o f the land proposed to be
dedicated for East Girard Avenue as shown on the proposed
Final Plat, the staff recomm e nds that the Commission not approve
the Final Plat until such time as the tit l e to the land being
<. platted is acceptable to the City Attorney's o ffice .
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In checking the Final Pl at which has been submitted,
the staff finds that the no rth twenty feet o f the proposed
East Girard Avenue is owned by Continental Assurance Company
and they have not joined in t h e Plat.
A further condition to approval, the applicant mus t
submit profiles for the streets shown on the Plat and commit
to completing the improvements o f the rights-of-way proposed
to be platted as set f orth in Article VI of the Subdivision
Regulations.
The City Attorney will be prepared to advise you on
this matt er on January 4, 1977.
DESCRIPTION OF SUBJECT SITE AND THE ADJACENT AREA:
The subject site is approximat e ly 12 a cres in area,
and is the west portion of the south halt o f the origina l Larwin
Multi-Housing development. This land was identified as Phases
8 and 9 in the recorded Subdivision Waiver which was issued to
Larwin Multi-Housing Co rpor at ion. It is bounded on the west by
Sou t h La fayette Street and on the so uth by U.S . 285 and a section
of East Hampden Avenue, the latter being limited to west bound
traffic from U.S. 285 entering onto East Hampden Avenue. The
streets on the north and east boundaries o f the subject propa-ty
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STAFF REPORT
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SUBDIVISION PLAT
Case #31-76
are private roads which have been paved to a 40 ft. width for
access to the two d eve loped sections of the Larwin Multi-housing Development.
In the portion of the Larwin development immediately
to the north of the subject site, there are 232 one , two and
three-bedroom residential units. There is a mortuar y, a
nursing home and single-family homes to the west o f the sub-
ject site across South Lafayett e Street . To the south o f
U.S. 285, there is low-density residential development, and
south of East Hampden Avenu e, there is an office building ,
both areas being in Cherry Hills Village. There is also a
medical o ff ice building on the west side of South Lafay ette
Street south of East Hampd e n Avenue, which is in the City of
Englewood, and which is z oned B-2, Business.
The B-2, Business Distr ict exte nds along both sides
of East Hampden Avenue for a depth of approximately 100 feet,
running fr om South Lafayette Street west to the C.B.D . The
land to the east of the subject site is undeve loped and is
also a part of the original Larwin development.
Sw e dish Ho spita l and Craig Rehab ili tation Ce nt er are
approximately six blocks to the west.
The s ubject site is undeve lope d, and is generally flat
with a gentle decrease in elevation ;o the north,
RELATIONSHIP TO THE COMPREHENSIVE PLAN :
The Comprehensive Plan designates the subject property
and much of the surrounding property for use as a high-density
residential dev e lopme nt, In addition to multi-family resi-
dential use, hospitals, clinics, nursing homes and pro fession a l
offices are permitt e d in the high-density residential dist ri c t .
The Master Street Plan shows U .S. 285 as an Arterial and South
Lafayette Street as a Collector Street.
COMMENTS FROM OTHER DEPARTMEN TS:
Utilities Department: Inasmuch as the Final Pla t -
Hampden Professional Park contains no utility l ines , the
Uti li ties Department ha d no comments to add. That of fice has
received the proposed wat e r and sewer layouts a nd have made its
comments and recommendations . When it is known what the develop-
ment will be, the final utilities layout will have to be pre-
pared and approved before service will be made available ,
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STAFF REPORT
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SUBDIVISION PLAT
Case #31-76
Public Service Company -Gas and Electric Divisions:
No objections. Easements for s e rvic e will be provided at the
time of development.
State Department of Highways:: The Highway Department
will not approve additional access to U.S. 285 ; however, none
is proposed. All drainage must continue in the same dire ction
as the existing drainag e . If additional access to E ast Hampde n
Avenue (the portion that is not State Highway 285 ) i s a p prove d
by the City, additional widening for deceleration l a n e s should
be required. However, we do requ e st that access to Hampden
not be allowed .
Department of Public Works: The Departme nt of Public
Works has no objections to the plat oth e r than clarifying the
ownership of the north 20 feet of the platte d East Girard
Avenue. Street profiles must be submitted and improveme nts
made to City standards.
BACKGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY:
The subject site is a portion ol the original 57 acre
KLZ Site which was to have been the location of Cinderella City.
It was annexed to the City of Englewood by Ordinance #17 of '62 .
Under the provisions of the City's Zoning Ordinance at that time,
any area which was annexed to the City was automatically zoned
R-1-A, the most restrictive single-family residence district,
until such time as "permanent" zoning could be established on
the land. From the time of the annexation, several attempts
to rezone the area to a commercial district, and later to a
multi-family residential district, we re unsuccessful.
In December of 1971, a Court decision upheld a 1968
Ordinance which zoned the area R-3-A, Multi-family Residence
District. The land was zoned R-3, High Density Residence by
action of the City earlier this year.
Between the time the land was annexed to the City and
the time it was finally zoned, it changed hands several time&
Early in 1972, the Larwin Multi-Housing Corporation purchased
the land and submitted a Planned Development for 1500 units to
b e constructed on the site in nine phases . Because the entire
site was to be developed as one project under the Planned De-
velopment District, a waiver to the requirement for platting
the land was request e d. Larwin eventually withdrew the Planned
Development application, and permits were issued for the con-
struction of Phases I and IV under th e Subdivision Waiver which
was approved for the entire site. The site plan which was sub-
mitted with the application for the Subdivision Waiver was re-
corded on October 20, 1972, in Book 2069, Pages 29 thru 34, ~
the office of th e Arapahoe County Clerk and Recorder . The
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STAFF REPORT
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SUBDIVISION PLAT
Case #31-76
streets through the Larwin development were not required to be
dedicated because the development was to remain under one owner-
ship and the private roads were meant to serve only the residents
of that development, and to provide access for emergency equip-
ment. Access to the Larwin site was to be limited to one access
on South Lafayette Street at East Girard Avenue and two opening s
on U.S. 285. The subject site will have access to two of thes e ,
the opening onto Lafayette at Girard, and one on to U.S. 285.
Larwin Multi-Housing Corporation completed only two of
the nine proposed phases of their d e velopment . Pe rmits for two
phases of development of mid-rise apartment buildings were tak e n
out, but actual construction was never undertaken .
R,P,R. Brothers, Ltd., has applied for a subdivision of
approximately 12 acres of land in the southwest portion of th e
Larwin Site. The preliminary plan was approved by the Commission
at the October 19, 1976, meeting.
DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS:
Some adjustment has been made in the layout as the
result of discussion on the Preliminary Plan. The number of
Lots in Block 2 has been reduced from 8 to 7. As previously
proposed, Lot 6 had 30' of the Denver Water Board easement
running through its entire length, inhibiting to some extent
the full us~ of Lot 6. In the Final Plat, the applicant has
eliminated that lot and has extended and enlarged what is now
designated as Lots 5, 6, and 7. The staff finds no problem
with this configuration and anticipates that this will enhance
the useability of these lots.
Other than the reduction in the number of lots, there
has been no significant change from the Preliminary Plan and
the proposed Final Plat.
An additional sketch has been included with the Final
Plat at the request of the Director of Public Works. This sketch
s~ws the juxtaposition of the proposed 60' right-of-way on t~
north and east periphery and the existing paved street with
curb and gutter. The requ e st was made f or clarification in
order to avoid any possible problems if the existing street
were repaved or neede d to be realigned,
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STAFF REPORT
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STAFF REPORT RE :
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Preliminary Plan for Subdivision.
DATE TO BE CONSIDERED:
October 19, 1976.
NAME OF APPLICANT:
SUBDIVISION PLAT
Case #31-76
The Sternberg Partnership, Architects
1441 Wazee
Denver, Colorado
NAME OF PROPERTY OWNER:
Larwin Multi-Housing Corporation
16255 Ventura Boulevard
Encino, California 91436
RELATION OF APPLICANT TO REQUEST :
The Sternberg Partnership is making the request for
the Subdivision on behalf of RPR Brothers, Limited
460 South Marion Parkway
Suit e 154
Denver, Colorado 80209
RPR Brothers, Limited, have an option to purchase the
subject property from the Larwin-Multi Housing Corporation.
Mr. Thomas J. Regan is the person fr om RPR with whom the staff
has been working.
LOCATION OF THE SUBJECT PROPERTY:
The subject property is a ten acre site at the north-
east corner of South Lafayette S treet and East Hampden Avenue.
It was identified in the Larwin Subdivision Waiver as Phases
8 and 9.
ZONE DISTRICT:
R-3, High Density Residential.
DESCRIPTION OF REQUEST:
The provisions o f Chapter 3, Article I, §12-3-2(a) o f
the Subdivision Regulations states that '' ..... it shall be unlaw-
fu l f or any person to divide any rea lty unless there has first
been a subdivision plat prepared, approved and recorded, in
accordance with the provisions of t his Chapter."
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STAFF REPORT
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SUBDIVISION PLAT
Case #31-76
The applicant is submitting the Preliminary De si g n
plans as the first step in the procedure for subdividing t h e
property as required in §12-3-21 of the Subdivision Regulations :
"The owner of any realty required to obtain approval of a sub-
division plat shall first prepare a preliminary design of hi s
proposed subdivision, and shall submit to the Director ten (10 )
prints of the same, together with his written subdivision
application and required fees."
Following approval of the Preliminary Design plans, the
Commission will hold a Public Hearing prior to the adoption of
the final plat. Approval of the final subdivision plat will
have the effect o f vacating the present subdivision waiver as
it applies to the subject site.
RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT :
The staff recommends that the preliminary subdivision
design plan be approved by the Planning Commission subject to
the following conditions:
1. The size of each of the proposed lots shall be no
less than 24,000 square feet, the minimum area which is required
for most of the Permitted Uses in the R-3, High Density Residence
District. If a high-density residential development is proposed,
two lots could be combined to meet the 42,000 square f oot minimum
lot area requirement.
2. The proposed 50 f oot right-of-way through the
center o f the subject site will be dedicated as shown on the
Preliminary Plan and a name for that street shall be deter-
mined and it shall be so identified on the Final Plat.
3. In order to provide for access for utility service,
easements o f a width of no less than ten feet (5 ft. on each
side) shall be established along all side and rear lot lines.
4. The necessary land will be dedicated for East
Girard Place to make it a 60 foot right-of-way rather than the
existing 40 foot width,
5, A drainage plan shall be included as a part of
the Final Plat. Such draina g e plan shall meet the requirements
set by the Director of Public Works.
6, There shall be compliance with all of the provisions
of §12-3-26 of the Subdivision Regulations in preparing the
Final Plat.
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SUBDIVISION PLAT
Case #31-76
DESCRIPTION OF SUBJECT SITE AND THE ADJACENT AREA:
The subject site, approximately 10 acres in area, is
the west portion of the south half of the original Larwin Multi-
Housing development, and was identified as Phases 8 and 9 in
the recorded Subdivision Waiver . It is bounded on the west by
South Lafayette Street and on the south by U.S. 285 and a section
of East Hampden Avenue, the latter being limited to west bound
traffic from U.S. 285 entering onto East Hampden Avenue. The
streets on the north and east boundaries of the subject property
are private roads which have been paved to a 40 ft. width for
access to the two developed sections of the Larwin Multi-housing
Development.
In the development immediately to the north of the
subject site, there are 232 one, two and three-bedroom residential
units. There is a mortuary, a nursing home and single-family
homes to the west of the subject site across South Lafayette
Street. To the south of U.S. 285, there is low-density residential
development, and south of East Hampden Avenue, there is an
office building, both areas being in Cherry Hills Village.
There is also a medical office building on South Lafayette
Street to the south of the subject property which is in the
City of Englewood, and which is zoned B-2, Business.
The B-2, Business District extends along both sides of
East Hampden Avenue for a depth of approximately 100 feet,
running from South Lafayette Street west to the C.B.D. The land
to the east of the subject site is undeveloped and it is also
a part of the original Larwin development .
Swedish Hospital and Craig Rehabilitation Center are
approximately six blocks to the west.
The subject site is undeveloped, and is generally flat
with a gentle decrease in elevation to the north.
RELATIONSHIP TO THE COMPREHENSIVE PLAN:
The Comprehensive Plan designates the subject property
and much of the surrounding property for use as a high-density
residential development. In addition to multi-family resi-
dential use, hospitals, clinics, nursing homes and professional
offices are permitted in the high-density residential district.
The Master Street Plan shows U.S. 285 as an Arterial and South
Lafayette Street as a Collector Street .
COMMENTS FROM OTHER DEPARTMENTS:
In reference to the propos~d subdivision, the following
comments have been received from the various agencies and
departments:
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SUBDIVISION PLAT
Case #31-76
1. The S t ate Department o f Highways will approve
access to the sit e as shown on the plan ; but no additional
access to U .S. 285 will b e approved, The Highway Department
will require t he draina g e t o b e taken to t he north away f rom
the highway.
2. Mountain Bell requests that there be a 10 f t.
easement (5 ft. each side) along all side and rear lot lines
for its service.
3. Public Service Company of Colorado sug gests that
the location of easements for electric and gas service be
delayed until service locations to proposed buildings or groups
of buildings are known.
4. The Police Department has no objections to the
proposed subdivision.
5. The Department oi Public Works reply is as f ollows:
By your memo of 9-17-76, you requested comm ents with r e g a r d to the
above. This subdivision would be a portion o f the o verall Larwin
Multihousing p r operty , and the original p l a n for tha t d e ve l opment
wa s to keep all of the storm draina ge wa te r o n the si t e o r wi thin
pipe leading from the site , with the e xcept ion of a very sma l l
front ya r d area along South Lafayet t e Stree t.
This new proposal, as I v iew it , wou ld i nc r e ase the runof f down South
Lafayette Street : therefo r e , we s houl d r equire that anothe r nlet be
placed at South Lafaye tte and Floy d Av e nue on the south end o f th e
r eturn at the southeast co rn er of t hat int e rsection. This sho ul d b e
an open throat in l et mu ch the same as the one at the eas t end of
that same return. With the exception of the s uggeste d inlet , we
would have no o b jection to the proposed s ubdivision.
/ . ,,_., ·/ t:,,---
,/ I <. (_ L.-., C:,_) .. '·-•,,:
• ~-...J Ke 11 s Waggoner
Directo r of Publ i c Wo r ks
KW/ls
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6.
posed plat.
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SUBDI VISION PLAT
Case #31 -76
The Fire Departme nt had no objections to the pro -
7. The Utilities Department has no objection to the
proposed plat.
8. The Code Enforcement Division has no obj ect ion to
the proposed plat.
ANALYSIS:
Larwin Multi-Housing Corporation representatives have
told the City that they are not retaining ownership o f any
properties outside of California, and that they will b e se lling
the entire Larwin site in Englewood, probably to s evera l differe n t
developers rather than as a single unit. Re cent efforts on the
City's part to contact Larwin have been to no avail. I t wou ld
seem that the most practical procedure now will b e t o work
directly with the new owners in order to get access d edicated,
the storm drainage taken care of, and developments which will
comply with the City's ordinances. Several persons hav e con-
tacted the staff about the vacant Larwin land ; none have dis-
cussed the construction of additional residential units.
The Subdivision regulations set forth speci f ic require -
ments for the submission of a Preliminary Design Plan. Most of
these requirements deal with the actual drawing and layout of
the property, including such things as contours with intervals
of two feet. The applicant has complied with these require-
ments to the extent that they can at this time, and the Final
Plat preparation should now be able to proceed. In regard to
the name for the proposed street which bisects the subject
property, it will probably b e identified as East Hampden Place.
This will be worked out with the Department of Public Works
prior t o the preparation o f the Final Plat.
The staff has suggested that a drainage plan be provide d
with the Final Plat. The drainage plan which was recorded as
part of t he Larwin Subdivision Waiver, provide d f or most o f the
drainage from the subject property to be retained on the property
or to b e piped fr om the site. There is a t riple inlet a lon g
the private road bordering the subject property on the north,
which c ould handle some of t he runoff from the dev e lopme n t .
The remainin g runoff will be directed to South La fa y ette Street ;
hence, Mr. Waggoner's requirement f or an a dditional sto rm sewer
inlet at the southeast corner of South Lafayette Street and
West Floyd Av enue. The implementation o f the drainage plan
would take place at the time of development rather than at the
time of the Subdivision. The developer will probably want to
coordinate this installation with Larwin and it would be re-
quired to be installed before a Development Plan is approved
f or the subj e ct area or any portion thereof .
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SUBDIVISION PLAT
Case #31-76
The subject property is well outside of any flood
plain.
The requirement for dedication of rights-of-way was
discussed at two preliminary meetings with the applicant and
it was generally agreed that a 50 foot right-of-way would be
needed for the proposed road through the center of the property.
This right-of-way will provide access to nine of the sixteen
lots and be of sufficient width to accommodate any of the per-
mitted uses in the R-3 District. Along the northern perimeter
of the subject property, there is an existing 40 foot private
paved road, for which a dedication from Larwin is sought. A
total of 60 feet is to be required for this roadway, however
the developer will have to coordinate this with Larwin Multi-
Housing Corporation.
At the suggestion of Mr. Bomar, a representative of
Mountain Bell, a requirement for rear and side lot line ease -
ments was suggested in order to provide for service to the
individual lots. If two or more lots are to be combined, how-
e ver, it would be necessary to vacate portions of these ea se-
ments.
It is proposed that water service will be provided by
connecting with the existing 12'' water line in South Lafayette
Street. The nearest sanitary sewer line is in the Lafayette-
Marion alley, and connection with it is possible. The details
of the utility service to the lots will be worked out prior to
development of the subject property.
As shown in the Preliminary Plan, six of the 16 lots
are slightly less than 24,000 square feet in area. In order
that each of the lots can be developed within the requirements
of the Compr~hensive Zoning Ordinance, the staff has suggested
that on the Final Plat, the lots should be arranged so that they
are each no less than 24,000 square feet in area. The applicant
has agreed to this requirement. The 24,000 square foot minimum
lot area is required in the R-3 District for professional of fice s,
nursing homes or clinics. If all of the subject property or a
portion of it wer e to be developed as apartments, then two lots
could be combined to meet the minimum lot size of 42,000 square
feet, which is required for that use.
BACKGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY :
The subject site is a portion of the original 57 acre
KLZ Site which was to have been the location of Cinderella City.
It was annexed to the City of Englewood by Ordinance #17 of '62.
Under the provisions of the City's Zoning Ordinance at that time,
any area which was annexed to the City was automatically zoned
R-1-A, the most restrictive single-family residence dis trict ,
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SUBDIVISION PLAT
Case #31-76
until such time ae "permanent" zoning could be established on
the land. From the time of the annexation, several attempts
to rezone the area to a commercial district, and later to a
multi-family residential district, were unsuccessful.
In December of 1971, a Court decision upheld a 1968
Ordinance which zoned the area R-3-A, Multi-family Residence
District. The Land was zoned R-3, High Density Residence by
action of the City earlier this year.
Between the time the land was annexed to the City and
the time it was finally zoned, it changed hands several times.
Early in 1972, the Larwin Multi-Housing Corporation purchased
the land and submitted a Planned Development for 1500 units to
be constructed on the site in nine phases. Because the entire
site was to be developed as one project under the Planned De-
velopment District, a waiver to the requirement for platting
the land was requested. Larwin eventually withdrew the Planned
Development application, and permits were issued for the con-
struction of Phases I and IV under the Subdivision Waiver which
was approved for the entire site. The site plan which was
submitted with the application for the Subdivision Waiver was
recorded on October 20, 1972, in Book 2069, Pages 29 thru 34 ,
in the office of the Arapahoe County Clerk and Recorder. The
streets through the Larwin development were not required t o be
dedicated because the development was to be under one ownership
and the private roads were meant to serve only the residents
of that development, and to provide access for emergency equ i p-
ment. Access to the Larwin site was to be limited to o ne
access on South Lafayette Street at East Girard Av e nue and two
openings on U .S. 285. The subject site will have access t o
two of these, the opening onto Lafayette at Girard , a nd ,n o n
to U.S. 285.
Larwin Multi-Housing Corporation completed only two o f
the nine proposed phases of their development. Permits for two
phases of development of mid-rise apartment buildings we re tak e n
out, but actual construction was never undertaken •
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MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR
RECOMMENDATION OF TiiE CITY PLANNING AND ZONING COMMISSIO N .
DATE: April 5, 1977
SUBJECT: Findings of Fact : Hampden Pro f essional P ark
Subdivision Plat
RECOMMENDATION:
Don Smith moved :
Wade seconded : The Planning Commission approve the Findin g s
of Fact on the Hampden Professional Park Sub-
division, Case #31-76, as amended and attached.
AYES: Jorgenson, Owens, Don Smith, Ed Smith, Tanguma, Wade
NAYS: Parker, Pierson
ABSENT: Williams
The motion carried.
Respectfully submitted,
By Order of the City Planning
and Zoning Commission.
Gertrude G. Welty
~Recording Secretary
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CITY PLANNING AND ZONING COMMISSION
CITY OF ENGLEW OOD , COLORADO
IN TI-IE MATTER OF CASE NO. 31-76, )
FINDINGS OF FACT , CONCLUSIONS, )
AND RECOMMENDATIONS RELATING TO )
THE APPLICATION OF THE SUBDIVISION )
REGULATIONS TO A CERTAIN PARCEL OF )
LAND IN THE CITY PURSUANT TO TITLE )
12, CHAPTER 3 OF THE '6 9 ENGLEWOOD )
MUNICIPAL CODE. )
Th e Preliminary Pl at of the Hampden Professional
Park, which is the s ub ject o f Case #31-76, was c onsidered on
October 19, 1976, and a Publi c Hearing was held in connection
with Case No. 31-76 on January 4, 1977, in the City Council
Chambers at the Eng l ew ood City Hall. On February 23, 1977,
the City Planning a nd Zonin g Commi ssion voted to reopen the
Public Hearing relative t o Case No. 31-76 . The Rehearing on
Case No. 31-76 was held on March 8, 1977, also in the City
Council Chambers at the Englewood City Hall. Thos e members of
the City Planning and Zoning Commi ssion who were present during
the Public Hea ring were: Mr. Jorgenson, Mr . Ow e n s , Mr . Parker,
Mrs. Pierson, Mr. Don Smith, Mr . Ed Smi t h, Mr . Tanguma, Mrs .
Wade and Mr. Williams. No members were absent.
At t h e conclusion of the Public Hearing o n Marc h 8,
1977, a motion to deny t h e approval o f th e Subdivision Plat
was ma de by Mr. Williams. Those me mb ers of the City Planning
and Zoning Commission who vofed in favor o f the motion were:
Mr. Jorgenson, Mr. Owens, Mr. Park e r, Mrs. Pi erson, Mr. Ed
Smith, Mr. Tanguma, Mrs. Wade and Mr . Williams . Mr. Don Smith
voted against the motion. No me mbers were absent, and no
members abstain e d from voting .
At th e n ext regular me eting o f the Cit y Planning an d
Zoning Commission on March 22, 1977, a mo t ion was made to ap-
prove the Findings o f Fact and Conc lusions in Case No . 31-76,
which motio n received no second. A motion was made by Mr . Ed
Smith a nd seconded to reconsider Case No. 31-76. Those persons
voting in favor of the motion to reconsider were: Mr . Owens,
Mr. Don Smith, Mr. Ed Smith a nd Mrs . Wade. Tho se persons who
voted in o ppo sition to the motion to reconsider were: Mr.
Park er, Mrs. Pierson and Mr. Williams. Those persons who wer e
abse n t: Mr. Jorgenson and Mr . Tanguma. The Chairman ruled
that the motio n to reconsider had passed .
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F I Dl?\GS OF FACT
( Upon revi w o f t h e e vide n ce t a ken i n th e form o f
testimony, pr ese n ta t ions, records , r e port s , fi l e d do c um e nt s
and the minut e s o f the meet i n g s o f the City Pl a nning and
Zoning Commission at wh i c h th e Ha mp d e n Profe s sional P ar k Sub-
division was consider e d, t he Commi ss ion makes the f ollowing
Findings of Fact,
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1. That an application for approval of a Subdivision
Plat, to be identifie d as Hampden Professional Park, was f ile d
on October 12, 1976, on behalf of R. P. R , Broth e rs, Lt d ,,
Thomas J. Regan, President, having o f fices at 460 South Ma rion
Parkway, Suite 154, Denver, Colorado 80209,
2, That R. P. R , Brothers, Ltd , holds a con t r a c t
to purchase the land which is the subject o f this application
from Larwin Multihousing Corporation, 16255 Ventura Boul e vard,
Encino, California 91436, and that Larwin joins in the platting ,
3, That t he land which is proposed to be platt e d
is described as f ollows:
Commencing at the South one-quarter corner of said
Section 35; thence N 0 °11 '47 11 E and along the We st line of
the Southeast one-quart e r of said Section 35, 90,00 f ee t to
the point of beginning , said point b e ing on the North line of
East Hampden Av e nu e; thence on an a n g le to the left of 90 °14'04"
and along said North line and along a curve to the l e ft hav i n g
a radius of 796. 00 f e et, a central,_ an g le of 20 °39' 58 11 , a n a rc
distance of 301.00 feet to a point 30,00 feet Northerly from
the South line of the Southwest one-quarter of said S e ction 35 :
thence s 89 °15'19" Wand parallel with said South line 337.6 8
feet to a point 30.00 feet Easterly from the West line of th e
East one-half of the Southeast one-quarter of the Southwest one -
quarter of said Section 35; thence N 0 °09'38 11 E . and parall e l
with said West line 650.20 f ee t; thence S 89 °50 1 22" E. 207.70
feet to a point of curve ; thence along a c urve to the left
having a radius of 160.88 feet, a c e n t ral a ngle of 36 °00'00 ",
an arc distance of 101.08 fee t to a point of rever se curve;
thence a long a curve to the ri g ht ha vi n g a radius of 196.5 0
fee t, a cent r al a n g l e of 39 °5 0 1 44 11 , a n a rc di s tance o f 136,65
f e et to a point o f t a n ge ncy ; thence S 85 °59 1 38 11 E and a long
s a id tange nt 36.79 fee t to a point of curv e; th e nc e along a
curve to the rig ht h aving a radius o f 186.50 fe et, a cent r a l
angle of 44 °09 1 15 11
, a n ar c dist a nce of 143,72 f e et to a p o i nt
of compound curv e; t h e nce alon g a curve to the right having a
radius of 114.00 f e et, a cent r al angle of 29 °01'11", an arc
distance of 57,74 f e et to a point o f tangency; thence S 12 °
49 1 12 11 E and along sa id tange n t 70 .79 feet to a point of curv e;
thence along a curve to the l ef t having a radius of 183 ,00
f e et; a central angle of 65 °13'40", an arc distance of 208.33
f e et to a point of tang ency; th e nce S 78 °02' 52 11 E and along
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said tangent 54.10 fe~t to a point of curve; thence along a
curve to the left hav ing a radius of 506.00 feet a central
angle of 16 °50 1 04 11
, an arc distance of 148.67 fe;t . th e nce
S 0 °41 1 18 11 E, 96.96 f~et to a p oint of curve; then~e along a
curve to th~ left having a radius o f 177.93 feet , a centra l
ang l e of 15 34'30", an arc distance of 48.37 feet to a point
o f reverse curve; thence along a curve t o the r i ght having a
r~dius of 387.76 feet, a central angle o f 16 °13'31", an arc
distance of 109.81 fee t to a point of tangency· thence s o 0
02'17" E and along said tangent 60.00 feet to~ point on the
North line of East Ha mpden Avenue; thence s 89°57 1 43 11 wand
along said North line 371.16 feet to the point of beginning ·
containing 12.276 acres, more or l es s. '
4. That at a m~eting o f the City Planning and Zoning
Commission on October 19, 197 6, a motion was made by Mr. Don
Smith and seconded by Mr. P arker, to approve the Preliminary
Plat of the Hampd en Professional Park Subdivision subject to
the following conditions:
(1) The size of each of the proposed lots
shall be no less than 24,000 square feet , the minimum area
which is required for most o f the Permitted Uses in the R-3
High Density Residence District. If a high-densi ty residential
development is proposed, two lots could be combined to mee't
the 42,000 squar e foot minimum lot ar e a requirement.
(2) Th e proposed 50 fo ot right-of-way through
the center of the subject sit e will be dedicated as shown on
the Preliminary Plan and a name for that street shall be deter-
mined and it shall be s o identified on the Final Plat.
(3) In order to provide for access for utility
service, easements of a width of no l ess than ten feet (5 ft.
on each side) shall be established alone all side and r ear
lot lines .
(4) The necessary land will be dedic ated for
East Girard Place to make it a 60 f oot right-of-way rather
than the existing 40 foot width .
(5) A drai na ge plan sha ll b e included as a
part o f the Final Plat. Such drainage plan sha ll meet the
requirements set by the Director of Public Works.
(6) There shal l be compliance with all of the
provisions o f §12-3-26 o f the Subdivision Regulations in pre-
paring the Final Plat.
Those members voting in favor of the motion were:
Mr. Jones, Mr , Jorgenson, Mr. Park er , Mrs . Pierson, Mr, Don
Smith, Mr. Ed Smith, Mr , Tanguma and Mrs. Wade . Those members
voting against the motion: None. Those members who wer e absent:
Mr. Williams .
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5. That a Final Pla t was prepared pursuant to §12-3-26
and §12-3-27 of the Englewood~Colorado Sub division Regulations,
Title 12, Chapter 3 of the '69 En g l e wood Municipa l Code, as
amended, and the conditions imposed upon the Preliminary Plat
were met.
6. That a Public He arin g was held on January 4, 1977
and a rehearing was held on March 8, 1977, to consider the
Final Plat o f the Hampden Professiona l Park Subdivision, identified
as Case No. 31-76 and that due Notic e was gi ven of thos e Hear ings .
7. That the area being considered in Case No . 31-76
is identified as Phases 8 and 9 in Exhibit "A", a general de-
velopment plan attached to and made a part of a Subdivision
Waiver approved by Commission Resolution No. 8, Series of 1972
as recorded in Book 2069 at Pag e 29 in t he office of the
Arapahoe County Clerk and Recorder .
8 , That the land, described as fo llows, which was
the subject o f Resolution No. 8, S eries of 1972, was annex e d
to the City of Engl ew ood by Ordinanc e 'o. 17, of 1962.
The SW 1 /4 SE 1 /4 o f S ection 35, Township 4 South,
Range 68 West EXCEPT those portion s describ din Book 789 at
Page 548 and in Book 1143 at Pag e 497;
AND the E 1 /2 SE 1 /4 SW 1 /4 of Section 35, Township
4 South, Range 68 West, EXCEPT those portions described in
Book 657 at Page 30, in Book 662 at Page 299, and in Book 1143
at Page 497.
9. That the City of Englewood zoned the land f or
business use by Ordinance No. 23, Series of 1963, and by
Ordinance No. 26, Series of 1963 , and that these actions were
invalidated by District Court Decree and the land reverted to
R-1-A, S i n g le-family Residence .
10 , That the land was then z oned R-3-A, Multi-family
Res idenc e by Ordinance No. 28, Series of 1967.
11. That J. J. Carey came into possession o f the
land which was to be later covered by Reso lution 8, Series
of 1972, on January 2, 1968, and, purporting a desire "to
develop and improve the above described real property into
an attractive and desirable urban community area", prepared
and recorded, on that sam e date, a Declaration of Protective
and Restrict ive Covenants which provided that "A ny residential
development on all or part of the above described real prop rty
shall be limited to, and may not include more than 1500
residential uni ts."
12 . That said Restrictive Covenants run to the City
Planning and Zoning Commission of the City of Englewood, and
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may be enforced onl y by said City Planning an d Zoning Commission,
a nd that said Restrictive Cove n ants may be waived, amended or
otherwise changed by sa id Commission .
13. That J. J. Carey did not execut e the plans f or
developm e nt h e had exhibited at the time he was discussin g
the zoning of the land and that the land was later s old to
Larwin Multi hou sing Corporation.
1 4 . That after having purcha se d the 55 acre tract
which had been the subject of the Carey app lication, L arwin
fi l e d an app lica tion f o r approval of a Planne d De v e lopment on
the subject site on June 8, 1972, tog eth er with a request for
a Waiver t o the r equir e ment f or Platting said site, b ecau s
it was to be d e v e lope d as a Planned Develo pment under the pr o-
visions o f §22 ,4A, Planned De v e l opment Di strict, o f the Com -
prehensiv e Zoning Or dinance.
15 , That Larwin Multihousing Corpo ration withdrew
the application for Pl ann ed Developme n t after reachi n g an un-
derstanding with the administration that the site cou ld be de-
veloped as a uni t under the provisions of a Subdivision Waiver,
§l2-3-3(b) of the Subdivision Regulations of the City o f
Englewood .
16. That on Octob er 17, 1972, the City Planning
and Zoning Commission issu ed a Subdivis ion Waiver to L arwin
Mult ihousing Corpor atio n by Resolution No . 8·, Series o f 1972
and th at certain conditions, identified as Attachme nt "B",
a nd a plan identified as Exhibit A, a "ge neral d eve lopment
plan" were attach ed to and made a part o f the Subdivision
Waiver , which Waive r is recorde d in Bo ok 2069 beginning at
Page 29 in the of fi c e o f the Arapahoe County Clerk and Re -
c order.
17. That th e ge neral developme n t plan divided the
site into nine "phas es", each phase to be developed wit h multi-
fa mily dwelling uni ts tota ll ing 1 500 dwelli n g units in all,
the internal access to which uni ts was by way o f private r oad-
ways which did not meet t he standards of §12-3-40-and §12-3-41
o f the Subdivisio n Reg ulations .
1 8 . That Building Permits were issued to Larwin
Multihousing Corporation to construct 368 dwelling uni ts in
Phase I and 239 dwelling units in Phase IV, as identified in
the genera l development plan.
19. That said Waiv er was subject t o the condition s
att a ched thereto and was to cease its effectiveness at such
time as the present owner (Larwin Multihou sing Corporation)
o r any succes s or in tit l e fai l s to continue to c om ply with
said conditions, and that the Commission has the authorit y t o
a me n d said Waiver.
20 . That at no time , was this matter acted upon
o ff icially by the Engl ewo od City Council •
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21. That Roy J. Pogu e , Vice Pr es ident of Larwin
Group, Inc . 16255 Ventura Boulevard, Enci no, California, told
the City Plannin g and Zoning Commission on January 20, 1976,
that Larwin did not own either the land or the buildings in
Phases I and IV, and that Larwin is in the process o f l iquidatin g
the ir assets throughout the United States because Larwin secured
a large amount of unsecured obligations and fell into default.
22. That Mr. Pogue was told as a repr esen tative o f
Larwin, that fu e entire site would have to be subdivided, which
direction was reaffirmed in a l e tter to Mr. Pogu e dat ed July
16, 1976, at the direction of the City Pl anni n g a nd Zo nin g
Co mmission .
23. That having thus been informed that the d eve lop-
ment which was the subject of Resolution No. 8, Ser i es of 1972 ,
would not be completed, and no effort was to be made by L a rwin
to plat the land, it was determined that the positio n would be
taken that the division o f the property into ni n e phases is
d e f acto by virtue of t h e Subdivision Waiver, a nd that any
f urth er division of on e or more of those phases would have t o
be accomplished in accordance with Article II of t h e Su bdivision
Regu l ations, and that it is within the aut hority granted to
the City P lanning and Zoning Co mmis sion to so pr oc eed.
24 . That throu g hout the man y years o f consideration
o f the property described above in Finding of Fact No. 8, both
the City and the residents and property own e rs were o f the
opinion that the applicants acted in good faith and would c om-
p l ete the proposed developments .
25 . That the land was zon d R-3, High Density Residence
by Ordin ance No. 52 of 1975, which District permits deve lo pment
c onsis tent with the high concentration of persons a nd land
valuation, including high -density residentia l type s o f structur es
as/well as various institutions and offices for the us e o f
~
rffessional pu rposes .
,; 1 26 . That the area of the Hampden Pro fessiona l Park
uodivision is approximately 12 acres, including perimeter and
~nternal street right-of-way and that the Subdivision would
plat the land previously identified as Phases VIII and IX o f
the general development plan into two blocks, Block 1 having
eight lots and Block 2 having seven lots, each lot c ontaining
one -half acre or more in area .
27 . That the Final Plat of the Hampden Pro fes sion al
Park Subdivision is in compliance with §12-3-26 and §12-3-27
o f t h e Subdivision Regulations.
28 . That Mr. John Welles' testimony rev ea ls that there
would be a substantial increase in traffic as the Subdivision is
proposed and Mr. J. D. Willis indicated that it wou l d be essentially
un feas ible to develop structures in excess of two stories in vi w
o f the o ff-street parking requirements .
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CONCLUSIONS
l , That proper public notice was g iven of th e
Public Hearing which was held on January 4, 1977, and of
the Rehearing, which was held on larch 8, 1 977 .
2 , That the application for approval o f the Subdi vision
Pla t identified as Hampden Profession al Park applies to Ph ases
VIII and IX o f the genera l dev e lopment plan, identified as
Exhibit A, which is attached to and a part of a Subdivision
Wai ver issu e d to Larwin Multi-hou sing Corporat ion by Resolution
No, 8, Series of 1972, at a meeting of the City Plann ing and
Zoning Co mmis sion on October 17, 1972 .
3 , That the approval of the Hampden P r o fessi onal
Park Subdivis ion Plat would alter the general developme nt plan
approv ed by Res olution No . 8, Series of 1972 ,
4. Th at the subject l an d is zoned R-3, Hi g h De nsit y
Res idence ,
5. That the R-3, Hig h-De nsity Res ide nce District,
a dopted by Ordi nan ce No . 31, Series o f 1 972, permits high
d ens i ty residential development as well as o ther speci fie d
us es , including prof ession a l offices.
6, That the p ow ers o f the City Planning and Zoning
Commission ar e thos e g rant ed by Statute , City Chart e r and
Or dinance and in no instance has said Commission been delegated
t h e authority to mak e le gis l ative decisions as to z onin g , that
a uthority being held only by the City Counci l ,
7. That the City Council did no t act on the aP,plica-
tion o f Larwin Multihousing Corpora t ion for a Subdivision
Waiver and therefo re i t cannot be interpret e d t hat the conditions
ide ntifie d as Attachment "8" in Resolution No. 8, S er i es o f l9 72,
constitute "zoning" o f the land which is the subject o f that
Res olution .
8 , That the City Planning and Zoning Commission ,
upon determinin g that the plans of both J. J. Carey and Larwin
Mu lt ihousing Corporation have necessarily been aborted, and
that it is in the best in terest of the comm un ity to amend the
Protective and Restrictive Covenants an d the Subdivision Waive r,
does have the authority to waive, amend or oth erwi se change
both the Protective and Restrictiv e Covenants, recorded in
Book 1740 at Page 753 and Resolution No . 8, Series of 1972,
as recorded in Book 2069 beginning at Page 2 9.
9 . That th e Final Plat of the Ha mpd en Professional
P ark Subdivis i on is in compliance with Title 1 2 , Chapter 3 of
the '69 Englewood Municipal Code, otherwise known as the Sub-
Division Reg ul ations, and that the area of the lots would
comply with the minimum lot area requirements o f the Comprehen-
sive Zoning Ordinance .
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10. That a quorum of the Commission was present and
the motion to reconsider Case No. 31-76 was in order .
11. That the following mo t ion was made, seconded
and approved at the meeting o f the City Planning and Zoning
Commission on March 22, 1977:
12. That in order to a lleviate traffic problems,
the City Planning and Zoning Commission finds it necessary to
reduce the height of buildings to be constructed within the
Subdivision to two stories.
Don Smith moved:
Ed Smith seconded: The Planning Commission recommend to City
Council approval of the Ha mpden Professional
Park Subdivision, as set forth in Case #31-76, wit h the follo w-
ing conditions mad e a part of the approval:
(1) Buildings in the developme nt of Hampd e n Professional Park
shall not exceed two stories .
(2) All development of th e Hampd e n Prof ess iona 1 Park Sub-
division sha ll be accompli s hed uucter a Planned Development .
(3) If the Hampd en Professiona l Park Subdivision is developed
with profess ional of fice buildings, the fo llowing definition
of ''Professional Office" shall be enforced throughout this
development:
"Pro fess ional Office : The office of a p rson engaged in
any occupation, vocation, or calling, not pure ly commercial,
mechanical, or agricultural in which a professed knowledge
or skill in some departm e nt of sc i e nce or l ear ning is used
by its practical application to the affairs o f oth ers,
either advising or guiding them in s er ving their interest
or welfare through th e practice of an act founded thereon,
such as medical doctor s , dentists, attorneys-at-l aw,
architects or engineers ,"
AYES: Don Smith, Ed Smith, W::idf", Ow ens
NAYS: Pierson, Park e r
ABSENT : Tanguma, William s , Jorgenson
The motion carried
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RECOMMENDATION
Therefore, the City Planning and Zoning Commission
recommends to the City Council of the City of Englewood,
Colorado, that the Final Plat of the Hampden Professional Park
Subdivision, submitted by R . P.R. Brothers, Ltd ., 460 South
Marion Parkway, Suite 154, Denver, Colorado 80209, be approved
subject to the conditions attached ther e to .
Upon the vote of the Commission on a motion made at
a Regular Meeting of the City Planning and Zoning Commission
on the 22nd day of March, 1977, the fo llowing me mbers vote d
to recommend approval of said Final Plat; Mr. Owens, Mr . Don
Smith, Mr. Ed Smith and Mrs. Wade. Those members voting against
the recommendation: Mr . Parker and Mrs. Pierson. Those members
absent: Mr . Jorgenson, Mr . Tanguma and Mr. Williams.
By Order of the City Planning
and Zoning Commission .
,) ,,
/ /~/ r -V
Pier.s , Chairman ·,~t-J
& Zoning Commission
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M d S ove d d econ e A ,ve Nav A bsta n A bsent
Williams v
Sovern v'
:im1tn v
Mann ,/
Brown v
Clayton V /
l'layor Taylor r V
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ROLL CALL
Moved Seconded
VJ~ ~. c__,µL~ (1
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Wi 11 iams
Sovern
~m1tn
Mann
Brown
Clivton
Mavor lavlor
~ Vt,,vV-'-~ ~ ~ LA,....
/~~} u__'i,{)'1 ?~,:,{--,;,~
•
Ave Nav Abstain Absent
~ A. .......... wsz...k-
z ~ r tl
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ROL L CALL
M d S ove d d econ e A 1ye N ay Abt i s a n Ab t sen v Williams ./
1/ Sovern ,I
Sm1th v'
Mann V
Brown V
1,; Jayton I/
Mavor 1av1or v
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ROLL CALL
'1..-v~
w -1~~
Moved Second d ) e Ave Nav Abstain Absent
V' Williams
'><:'.' Sovern
:>m1th
Mann
Brown
t.;layton ' Mayor Taylor V
dHM-~J_.C
,7 }y c;-. {)~
-~ = ~~' % bu,,/i/dJAf <--
{vL~ fv ( ",~~ l4-~ 0~v..-
$o.,J ~ tu ~L,
0 ~~ 'u 'i,.--,I IL-'> ~t "'-"'~--
• ~ J-o (!_g-yz,1.A'k.-~
l ~p + rn1..'i M.:'v ~
I • •
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ROLL CALL
Moved Second d e Ave Nav Abstain
Williams
Sovern
sm1tn
Mann
Brown
Clayton
Mavor Tavlor
t._~J 1 A..; -i-(
~ '"2-q s-<;, •• J ffiiF(<
y_t ~f ~ i, 1~ ~ d t ~
/l-CzAI Vv-1 ~ ~ . rf!SS ,).. 'b fe e..~~
Absent
;!. ,,I,. T.-, 2.-7 0 f.L~~ 1 ~~Cu
~~)..~
•
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ROLL CALL
Moved Seconded We Nay Abstain Absent
Wi 11 iams ~
.v Sovern
--.L Smitn .,
, Mann ,r
Brown .,
Clayton v'
Mayor laylor k
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ROLL CALL
Move Seconded A ,ve -Nay Absta n A bsent
Wi 11 iams I'
X Sovern r
.x sm1tn r
Mann .,,--
Brown ,..,
Clayton /"
Mayor Taylor ~
G
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APPEAL TO THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD
STATE OF COLORADO
OF ACTION TAKE N BY
THE CITY PLANNING AND ZONING COMMISSION
REGARDING CASE #31-76
HAMPDEN PROFESSIONAL PARK SUBDIVISION PLAT
DEPT. OF Fii !.~:::~
£NGLf1J0DD
COMES NOW, RPR Brothers, Ltd., and Thoma s J. Regan,
its President , and The Sternberg Partnershi p, by and
throug h their attor neys, Caskins, Hert zma n & Chanzit,
and by filing this Appeal with the City Clerk of the
City of Engle wood, State of Colorado, appeals to the
City Council of the City of Englewood, Colorado, to
remove certain conditions from the approval of the above
cite d plat by the City Planning and Zoning Commission,
and as grounds therefore, would show unto the City Council,
as follows:
1. That at the regular meeting of the City Planning
and Zoning Commission on March 22, 1977, the plat for the
Hampden Professional Park Subdivision Plat was approved
by the said Planning and Zoning Commission subject, how-
eve r, to certain conditions, among which conditions are
the following two:
"Buildings in the development of Hampden
Professional Park shall not exceed two
stories".
"All development of the Hampden Prof ess ional
Park Subdivision shall be accomplished under
a Planned Development".
2. That the said action was submitted to the
applicants herein by letter dated March 25, 1977.
3. That the se applicants request that the above
two c onditions be reversed by the City Council, and as
grounds for the said reversal would show as follows:
a. That the said Planning and Zoning Commission
was arbitrary and capricious and unreasonably restricti ve
in applying the two conditions •
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b. That the sa i d Pl a nni n g and Zoning Corrunis sion
d i d not utilize the same c r iter i a use d in cons i d ering the
pre l iminary d e sign when they imp o9e d the s a i d condition s.
c. That the two c onditions were i mposed f o r
purposes oth e r than to overcome spe ci fi c problems relating
to the sa id p lat.
d. That the Planning and Zoning Corrunissi on
exceeded its auth ority in imposing the said two cond i t i ons
a s s et forth in the appropriate o rd inance of the City of
Engl e wood and specifically Ordinance #17, paragraph
21.4-8, Series 1967.
e. That the said Plann i ng and Zoning Commission
in effect imposed re-zoning upon the subject plat and
thus exceeded its authority.
WHEREFORE, the applicants ask that this City Council
approve the action taken by the City Planning and Zqning
Corrunission on March 22, 1977, in relation to the above
cited plat, except that it is requested that it reverse
the said Planning and Zoning Commission's actions in
imposing the two above stated conditions.
By:
Respectfully submitted,
CASKINS, HERTZMAN & CHANZIT
Attorneys for Applicants
.+1¥-f'f-:='""=ac=-';.-fl--ss-k~i-n"'s""',~l:;":'=+..r=-
a l Terrace
peer Blvd.
Denver, CO 80211
458-0485
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APPEAL TO THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD
STATE OF COLORADO
OF ACTION TAKEN BY
THE CITY PLANNING AND ZONING COMMISSION
REGARDING CASE #31-76
HA11PDEN PROFESSIONAL PARK SUBDIVISION PLAT
·, 2 1 1977
DEPT. o-=-r,;.: .. ~c-
ENCL :.'. JJ J ·-
COMES NOW, RPR Brothers, Ltd., and Thomas J. Regan,
its President, and The Sternberg Partnership, by and
through their attorneys, Caskins, Hertzman & Chanzit,
and by filing this Appeal with the City Clerk of the
City of Englewood, State of Colorado, appeals to the
City Council of the City of Englewood, Colorado, to
remove certain conditions from the approval of the above
cited plat by the City Planning and Zoning Commission,
and as grounds therefore, would show unto the City Council,
as follows:
1. That at the regular meeting of the City Planning
and Zoning Commission on March 22, 1977, the plat for the
Hampden Professional Park Subdivision Plat was approved
by the said Planning and Zoning Commission subject, how-
ever, to certain conditions, among which conditions are
the following two:
"Buildings in the development of Hampden
Professional Park shall not exceed two
stories".
"All development of the Hampden Professional
Park Subdivision shall be accomplished under
a Planned Development".
2. That the said action was submitted to the
applicants herein by letter dated March 25, 1977.
3. That these applicants request that the above
two conditions be reversed by the City Council, and as
grounds for the said reversal would show as follows:
a. That the said Planning and Zoning Commission
was arbitrary and capricious and unreasonably restrictive
in applying the two conditions .
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b. That the said Planning and Zoning Cornrnission
did not utilize the same criteria used in considering the
preliminary design when they imposed the said conditions.
c. That the two conditions were im?osed for
purposes other than to overcome specific problems relating
to the said plat.
d. That the Planning and Zoning Cornrnission
exceeded its authority in imposing the said two conditions
as set forth in the appropriate ordinance of the City of
Englewood and specifically Ordinance #17, paragraph
21.4-8, Series 1967.
e. That the said Planning and Zoning Commission
in effect imposed re-zoning upon the subject plat and
thus exceeded its authority.
WHEREFORE, the applicants ask that this City Council
approve the action taken by the City Planning and Zoning
Commission on March 22, 1977, in relation to the above
cited plat, except that it is requested that it reverse
the said Planning and Zoning Commission's actions in
imposing the two above stated conditions.
Respectfully submitted,
CASKINS, HERTZMAN & CHANZIT
Attorneys for Applicants
Denver, CO
458-0485
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