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Home My WebLink About1977-12-01 (Special) Meeting Agenda• • - 0 CITY COUNCIL MEETING-~ I , 1 <111 Special evcn.bcr 2B, 1977 • • • • SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 1, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on December l, 1977, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order . The invocation was given by Mr . Marten E, Lathrop, 3259 S. Clarkson . The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a cal l of the roll, the following were present: Coun c il Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor, Absent: None. The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Director of Finance/City Clerk James ****** Mayor Taylor addressed the audience and explained sequence of events which led to this meeting, i.e. t he passage of bill for an ordinance requiring installation of water meters upon sale or transfer of property at the expense of the buyer. A public hearing was held and most of the people were unfavorable toward installation water meters; however, the same people we re in favor of improving the water plant to increase the water pressure and replacing old worn out water pipes . Mayor Taylor continued e xplaining that Council was planning to take action on the final reading of th e ordinance and then proceed in the direction that the public has indicated. ****** INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1977 AN ORDINANCE AMENDING SUBSECTIG/ (a) OF SECTION 16, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY REQUIRING THE OWNERS OF ALL PROPERTY HAVING • ) I • • December l, 1977 Page • • • CONNECTION TO THE CITY WATER SUPPLY TO INSTALL APPR OVED WATER METERS UPO N THE SALE , TRANS FER, OR CHANGE FROM RESIDENTIAL TO COMME RCIAL OR I NDUS TRIAL USE . COUNC ILMAN WILLIAM MOVED TO PASS ORDINANCE NO. 21, SERIES OF 197 7 ON FINAL READING. Councilman Sovern seconded the motion . Counc ilman Sovern stated tha t the City has tw o problems on the water issue -the water improvement s y stem and the water meter installat i on - with the water improvement system t o be considered first. Counc ilman Sovern still felt that the ordinance is valid and that eventually Englewood would have meters. Councilman Williams stated that he sponsored the bill originally because he thought the City neede d wa ter meters and that the bill made the implemen tation as easy as possible . Councilman Williams predicted that within two or three years water meters will be mandatory in the City of Englewood. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Williams, Sovern, Smith, Mann, Brown, Clayton , Taylor. The Mayor declared the motion defeated. * * * * * * Mayor Taylor summarized the alternatives that Council had to coi.s i d er on the water program. The first alternative was the voluntary installation o f water me ters. The second alternative was to phase out the flat rates and ha ve water met ers ins talled as the property changed hands . The third alternative was ma ndato ry metering immediately. Mayor Taylor stated that the Council dec id e d alternative #2 was the best; however, many people became misinformed in one fo r m or another tainting the alternat ive unfavorably, Therefore, May or Taylor, stated the Council has decided t o pursue another direction and that is the bond issue. * * * * * * Ci ty Manager Mccown reviewed the proposed improvements to be covered by the bond issue . City Manag er Mccown stated that the largest improvement wou ld be the $4 .5 million renovation to the Allen Treatment Plant, Other impr ov me nts Ci ty Manager McCown stated would be additional storage in the north part of the City, e xpansion of existing storage at Belleview and Clarkson and replacement and correction of pipe s. City Manager Mccown also stated that McLellan Pump Station would be reloc ated in order to be filled from the City Ditch; and an inflat able dam at the Union intake, The improvements will take a 50% increase in revenu es to pay off the bonds, City Manager McCown stated, and the improvements will be done in a 3 -5 year period. * * * * * * • ) I • • ( December 1, 1977 Page 3 • • - Director of Utilities Fonda then presented the intricacies of the Capital Water Improvement Program, and how the Water Department arrived at computations inherent to the program. * * * * * * The Mayor asked if there was anyone in the audience wishing to address the Council on this matter. Bill Clayton, 958 E. Cornell Ave., appeared before the Council and asked about the low rate projection that Director of Utilities Fonda had discussed. Mr. Clayton wondered if people switched over to a meter for a low rate, wou ld enough revenue be generated. Director Fonda answered Mr. Clayton's question by stating that if numerous people switched over to meters causing not enough revenue to be generated, then the City would have to make adjustments accordingly and increase the rate. A fervent dispute then ensued between Councilman Williams and Mr. Clayton over the issue of water meters. * * * * * * Councilman Mann requested a recess. Mayor Taylor declared a recess at 9:05 p.m. The Council reconvened at 9:20 p.m. Upon a call of the roll, the following were present: Councilman Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Councilman Brown posed that has been pointed out to him. could be increased 10% every year program anyway, in order the meet pass a bond issue. a question to Director of Utilities Fonda Councilman Brown's question was if the rate for five year~ which is the length of the the cost of the improvements rather than Director Fonda stated that a similar solution was examined; but the City decided to encumber the bond issue now, bea!ing inflationary costs and stretching payment over a twenty year period (the life of the bond). Director Fonda also sta ted that if the people wanted to pay for the i~provements in five years, then the rates would really have to be raised drastically. * * * * * * • I • • December 1, 1977 Page 4 • • - Mr. Jay Peters, 3100 S. Pearl, appeared before the Council and asked what good would metering an apartment complex do when one meter checks the water that all apartments use. Mr. Peters stated that this would not result in any savings. Then Mr. Peters inquir ed about installing a meter in a residence where very little water would be used to water the yard. Di rector Fonda answered Mr. Peters stating that using meters in apartment compl exs actually would not save that much money and that a resid ence on a metering system using very little water on the yard would save money over the flat rate system using a comparable amount of water. * * * * * * Upon Councilman Clayton's request, a show of hands indicated that the citizens preferred the billing to remain quarterly. ****** Mr. Maurice Jones, 5020 S. Washington, appeared before the Council J and stated that he was in 100% agreement with the Council and the City's plans for water improvements; however, he could not agree with the rate difference between the commercial industrial user a nd the residential user. Councilman Smith stated that the difference is effective only after a certain amount of extra water usage. ****** Mr, Larry Owens, 3476 S . Grant, appeared before the Council and asked why Council did not considef piping to the City Ditch. Councilman Clayton responded that Council has conflicting r eports of the pipe capacity and the Council is uncertain at this point and time of the availability to change the diversion points along S. Platte River to connections at McLellan Reservoir. Councilman Sovern pointed out that Council is not planning to change points now because the return on the investment is not equal to the savings we are going to get on what we are presently using. Councilman Sovern further stated that the City is trying to accomodate adequately for the presen t usage and take care of the bulk of improvements now. Director Fonda interjected that if the City proceeds to improve the existing facilities and later builcsother pipe lines, then the City will have two alternate sources of supply and can still keep the rate down. Also, Director Fonda stated, one source would be a back up source if one pipeline wou ld break. ****** ·--~ ----~----------~ I • • ( December 1 , 1977 Page 5 • • - Councilman Clayton stated that a number of people have asked him what the City plans to do in emergencies. Councilman Clayton stated that the Council has decided to keep the Bear Creek Filter Plant for this purpose, and that he wanted to make the public aware of the fact that the City does have back up facilities. Councilman Clayton asked Director Fonda if the maintenan c e costs on .the weir seemed fairly high. Director Fonda stated that the maintenance is going to be high and then questioned the reliability of the weir and that he would investigate substitutes for the weir. * * * * * * Upon Councilman Smith's request, a show of hands indicated that the citizens present would be in favor of a bond issue now. ****** Mr. Marten E. Lathrop, 3259 S. Clarkson, appeared before Coun c il and asked if a maintenance fund has been established on repairs of the water system and could any extra revenues that are received from the sale of water be set aside in a maintenance fund for future use, City Manager McCown stated that the Water Fund has been operating for the last three to four years in deficit and money has been transferred from the Sewer Fund to the Water Fund to help cover expenses. Of course, City Manager Mccown, stated if in the future more water is sold and extra revenue is received then Council would decide at that time what to do with the monies; however, there is no such fund of this type now. ****** Mr. Ardys G. Entsminger, business address 2950 S. Fox, appeared before Council to congratulate th e Council for their farsightedness in the proposed water system. Mr. Entsminger asked the Council if they have given any thought of what would happen if Englewood continued to sell water t o Thornton for a period of twenty years but found itself short of water during that time and had a critical n e ed for the water. Mayor Taylor stated that a clause in the contract provides for such a situation, e .g. if Englewood experiences a disaster during the term of the contract then Englewood would get first rights to the water supply. Mayor Taylor also stated that Thornton was well aware of these c o nsiderations when the City signed the agreement; however, it would take a c atastropic situation to instigate the cut back. Councilman Smith explained to Mr. Entsminger that the City of Englewood is only selling water to Thornton and not the water right; therefore, Englewood keepa all the privileges that it always has had • • I • • - - • Decemb e r 1 , 19 77 Page 6 • • - Mayor Taylor declared a recess at 10:40 p.m. The Council reconven e d at 10:50 p.m. Upon a call of the roll, the following were present: Coun c il Members Williams, Sovern, Smith, Mann, Brown, Clayton, Tay l or . Absent: Non e . The Mayor declared a quorum present. * * * * * * RESOLUTION NO. 44 , SERIES OF 1977 WHEREAS, TH E CITY COUNCIL HAS DETERMI NED THAT IT IS NECESSARY TO EX TEND AND IMPROVE THE MUNICIPAL WATERWORKS SYSTEM OF THE CITY, AND TO ISSUE GENERAL OBLIGATION BONDS I N THE AMOUNT OF $6,700,000 FOR SUCH PURPOSE. COUNCILMAN WI LLIAMS MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1977. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. None. The Mayor declared the motion carried. ****** COUNCILMAN SOVERN MOVED TO ADJOURN THE SPECIAL CITY COUNCIL MEETING. Co un c ilman Williams seconded the motion. Upon a call of the rol l , the vote resulted as follows: Ayes: Na y s: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. Non e . The Mayor declared the motion carried and the meeting adj ourned at 10:52 p.m. City Clerk • I • • ( SPE CIAL MEETING: • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 1, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on December 1, 1977, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Mr. Marten E, Lathrop, 3259 S. Clarkson. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Sov e rn, Smith, Mann, Brown, Clayton, Taylor. Absent: None. The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Director of Finance/City Clerk James * * * * * * Mayor Taylor addressed the audience and explained sequence of events which led to this meeting, i.e. the passage of bill for an ordinance requiring installation of water meters upon sale or transfer of property at the expense of the buyer. A public hearing was held and most of the people were unfavorable toward installation water meters; however, the same people were in favor of improving the water plant to increase the water pressure and replacing old worn out water pipes. Mayor Taylor continued explaining that Council was planning to take action on the final reading of the ordinance and then proc eed in the direction that the public has indicated. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1977 AN ORDINANCE AMENDING SUBS ECTICll (a) OF SECTION 16, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY REQUIRING THE OWNERS OF ALL PROPERTY HAVING • I • • December 1, 197 7 Page 2 • • - CONNECTION TO THE CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPON THE SALE, TRANSFER, OR CHANGE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL USE . COUNCILMAN WILLIAM MOVED TO PASS ORDINANCE NO . 21, SERIES OF 1977 ON FINAL RE AD ING. Councilman Sovern seconded the motion. Councilman Sovern stated that the City has two problems on t he water issue -the water im provement system and the water met er installa t i on - with the wat e r improvement system to be consider ed first . Councilman So vern still felt that the ordinance is v alid and that eventually Englewo od would have meters . Co un cilman Williams stated that he sponsored the bill orig inally beca use he thought the City need ed water meters and that the bill made the implementation as easy as possible. Counc ilman Williams predicted tha t within two o r three years water meters will be ma ndatory in the City of Englewood. Upon a call of the rol l , the vote r e sulted as follows: Ayes: Nays: None. Council Members Williams, Sovern, Smith, Mann, Brown, Clayton , Ta ylor. The Mayor declared the motion def eated . * * * * * * Mayor Taylor summarized the alternatives that Council had to cot.sider on the wat e r program . The first alternative was the voluntary installation of water meters . The second alternative was to phase out the flat rates and have water meters installed as the property changed hands . The third alternative was mandatory metering immediately. Mayo r Taylor stated that the Council d ecided alternat i ve #2 was the best; howev e r, many people became misinformed in one form o r another tainting the alternative unfavorably. Therefore, Mayor Taylor, st~ted the Council has decided to pursue another direction and that is the bond hu=. * * * * * * City Manager Mccown reviewed the proposed improvements to be cove r ed by the bond issue. City Manager Mccown stated that the largest impr ovement wo u ld be th e $4.S million renova tion to the Allen Treatment Plant. Oth er improvements City Mana ger Mccown stated would be additional storage in the north part o f th e City , expansion of exis t ing storage at Bellevi ew and Clarkson and replac ement and correction of pipes. City Manager Mccown also stated that McLellan Pump St a t ion would be relocated in order to be filled from the City Ditch; and an inflat a ble dam at the Union in take, The improvements will take a 50 % increase in revenues to pay off the bo nds, City Manager Mccown stated, and the improvements will be done in a 3 -S year period. * * * * * * • I • • - \ ( December 1 , 1977 Page 3 • • - Director of Utilities Fonda then presented the intricacies of the Capital Water Improvement Program, and how the Water Department arrived at computations inherent to the program. * * * * * * The Mayor asked if there was anyone in the audience wishing to address the Council on this matter. Bill Clayton, 958 E. Cornell Ave., appeared before the Council and asked about the low rate projection that Director of Ut ilities Fonda had discussed. Mr. Clayton wondered if people switched over t o a meter for a low rate, would enough revenue be generated. Director Fonda answered Mr. Clayton's question by stating that if numerous people switched over to meters causing not enough revenue to be generated, then the City would have to make adjustments accordingly and increase the rate. A fervent dispute then ensued between Councilman Williams and Mr. Clayton over the issue of water meters. ****** Councilman Mann requested a recess. Mayor Taylor declared a recess at 9:05 p.m. The Council reconvened at 9:20 p.m. Upon a call of the roll, the following were present: Councilman Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Councilman Brown posed that ha s bee n pointed out to him. could be increased 10% every year program anyway, in order the meet pass a bond issue. a question to Director of Utilities Fonda Councilman Brown's question was if the rate for five year~ whic h is the length of the the cost of the improvements rather than Director Fonda stated that a similar solution was examined; but the City decided to encumber the bond issue now, bea!ing inflationary costs and stretching payment over a twenty year period (the life of the bond). Direc tor Fonda also stated that i f the people wanted to pay for the i~provements in five years, then the rates would really have to be raised drastically. ****** • ) I • • December 1, 1977 Page 4 • - Mr. Jay Peters, 3100 S. Pearl, appeared before the Council and asked what go od would metering an apartment complex do when one meter checks the water that all apartments use. Mr. Peters stated that this would not result in any savings. Then Mr. Peters i nquired about installing a meter in a residence where very little water would be used to water the yard. Direc tor Fonda answered Mr. Peters stating that using meters in apartment co mplexs actually would not save that much money and that a resid ence on a metering system using very lit tle water on the yard would save money over the flat rate system using a comparable amount of water. * * * * * * Upon Co unci l.man Clayton 's request, a show of hands indicated that the citizens preferred the billing to remain quarterly . * * * * * * Mr . Maurice Jones, 5020 S. Washington, appeared before the Council and stated that he was in 100% agreement with the Council and the City's plans for water improvements; however, he could not agree with the rate difference between the commercial industrial us er and the residential user, Councilman Smith stated that the difference is effective only after a certain amount of extra water usage. * * * * * * Mr. Larry Owens, 3476 S. Grant, appeared before the Council and asked why Council did not consider piping to the City Ditch. Councilman Clayton responded• that Council has conflicting reports of the pipe capaci ty and the Council is uncertain at this point and time of the availability to change the diversion points along S. Platte River to connections at McLellan Reservoir. Co uncilman Sovern pointed out that Council is not planning to change points now because the return on the investment is not equal t o the savings we are going to get on what we are presently using . Councilman Sovern further stated that the City is trying to accomodate adequately for the present usage and take care of the bulk of improvements now. Director Fonda interjected that if the City proceeds to improve the existing facilities and later builcso t her pipe lines, then the City will have two alternate sources of supply and can still keep the rate down. Also, Director Fonda stated, one s o urce would be a back up source if one pipeline would break . * * * * * * • I I • • ( De cem be r 1, 1 977 Pa g e 5 • • • Councilman Clayton stated that a number of peop l e hav e asked h i m what the City plans to do in emergenc ies. Councilman Clayton stated that the Council has decided to kee p the Bear Creek Filter Plant for this purpose, and that he wanted to make the public aware of the fact that the City does have back up facilities. Councilman Clayton asked Director Fonda i f the ma int e n a n ce c osts on .. the weir seemed f airly high. Director Fonda stated that the maintenance is going to be high and then questioned the reliability of the weir and that he would investigate substitutes for the weir. Upon Councilman Smith's request, a show of hands indicated that the citizens present would be in favor of a bond issue now. ****** Mr. Marten E , Lathrop, 3 2 59 S . Cl arkson, appear e d before Coun c il and asked if a maintenance fund has be en established on repairs of the water system and could any extra revenues that are r eceived f rom the sale o f water be set aside in a maintenance fund for future us e , City Manager Mccown stated that the Water Fund has been operating for the last three to four years in deficit and money has been transferred from the Sewer Fund to the Water Fund to help cover expenses. Of c ourse, City Manager Mccown, stated if in the future more water is sold and extr a revenue is received then Council would decide at that time what t o do with the monies; however, there is no such fund of this type now. * * * * * * Mr. Ardys G. Entsminger, business address 2950 S. Fox, appeared be fore Counc il to c ongratulate the Council for their f a rsigh tedness in the proposed water system. Mr. Entsminger asked the Coun c il if t h ey have g iven any thought of wh at would ha pp e n if Englewood continued t o sell water t o Thornton for a pe riod o f tw e nty years but found its e lf short o f wat e r du ring that time and had a c ritical ne ed for the water. Mayor Taylor stated tha t a c l ause in the contract provides fo r s uc h a sit u a tion, e .g. if Eng l ew ood experiences a disaste r during the ter m o f the c ont rac t the n Englewood would get first rights to th e wa ter supp ly . Mayo r Ta y l or also stated that Thornton was well aware o f these cons iderat i ons when the City signed th e agreement; h owe v e r, it would take a catast ro pic situa tio n t o instiga t e t h e c ut b a ck. Councilman Smith explained to Mr. Entsminger that the City of Englewood is only selling water to Thornton and not the water right; therefore, Englewood k eeps all the privileges that it always has had • • I • • • De cember 1 , 19 77 Page 6 • • • Mayor Taylor declared a rec ess st l :40 p.m. The Council reconvened at 10:50 p.m. Upon a call of the ro ll , t he following were present: Coun c il Members Williams, Sov e rn, Smith, Mann, Brown, Clayton, Ta ylo r. Absent: None. The Mayor declared a quorum pre sent. * * * * * * RESOLUT I ON NO. 44, SERIES OF 1977 WHEREAS, THE CITY COUNCIL HAS DETERMINED THAT IT IS NECESSARY TO EXTEND AND IMPROVE TH E MUNICIPAL WATERWORKS SYSTEM OF THE CITY, AND TO ISSUE GENERAL OBLIGATION BONDS IN THE AMOUNT OF $6,700,000 FOR SUCH PURPOSE. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1977. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams , Sovern, Smith, Mann, Brown, Clayton, Taylor. None, The Mayor declared the motion carried. * * * * * * COUNCILMAN SOVERN MOVED TO ADJOURN THE SPECIAL CITY COUNCIL MEETING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. None. The Mayor declared the motion carried and the meeting adjourned at 10:52 p.m. City Clerk • I • • In ,-, ( SPECIAL MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 1, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on December 1, 1977, at 7:30 p.m. Mayor Taylor, presiding , called the meeting to order. The invocation was given by Mr. Marten E. Lathrop, 3259 S. Clarkson. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call . Upon a call of the roll, the following were present: Counci l Members Williams, Sovern , Smith, Mann, Brown, Clayton, Taylor. Absent: None . The Mayor declared a quorum present . Also present were: City Manager McC own Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Director of Finance/City Clerk James ****** Mayor Taylor addressed the audience and explained sequence of events which led to th is meeting, i.e. the passage of bill for an ordinance requiring installation of water meters upon sale or transfer of 'property at the expense of the buyer. A public hearing was held and most of the people were unfavorable toward installation water meters; how e ver, the same people were in favor of improving the water plant to increase the water pressure and replacing old worn out water pipes. Mayor Taylor continued explaining that Council was planning to take action on the final reading of the ordinance and then proceed in the direction that the public has indicated. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1977 AN ORDINANCE AMENDING SUBSECTI<ll (a) OF SECTION 16, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY REQUIRING THE OWNERS OF ALL PROPERTY HAVING • ) I • • ....... December 1, 197 7 Page 2 • • - CONNECTIO N TO THE CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPON THE SALE, TRANSFER, OR CHANGE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL USE. COUNCILMAN WILLIAM MOVED TO PASS ORDINANCE NO. 21, SERIES OF 197 7 ON FINAL READING, Councilman Sovern seconded the motion. Coun c ilman Sovern stated that the City has two problems on the water issue -the water improvement system and the water meter installation - with the water imp rovement system to be considered first. Councilman Sovern still felt that the ordinance is valid and that eventually Englewo od wo uld have meters, Coun c ilman Williams stat ed that he sponsored the bill originally because he thought the City needed wat e r meters and that the bill made the impleme ntation as easy as possible . Councilman Williams predicted tha t wi thin two o r three years water me ters will be mandatory in the City of Englewood. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Williams , Sovern, Smith, Mann, Brown, Clayton , Taylo r. The Mayor declared the motion defeated. * * * * * * Mayor Taylor summarized the alternatives that Council had t o cot.sid e r on the water program. The first alternative was the voluntary installation of water meters . The second alternative was to phase out the flat rates and h a ve water meters ins talled as the property changed hands, The third alterna tive was mandatory metering immediately. Mayor Taylor stated that the Council dec id e d alternative #2 was the beet; however, many people became misinformed in one form or another tainting the alternative unfavorably, Therefore, Mayor Ta y l or, stated the Council has decided to pursue another direction and that is t he bond issue. * * * * * * City Manager McCown reviewed the proposed improvements to be covered by the b ond issue. City Manager Mccown stated that the largest improvemen t would b e the $4.S million renovation to the Allen Treatment Plant. Other improvements City Manager Mccown stated would be additional storage in the north part of t he City, expansion o f existing storage at Belleview and Clarkson and replacement and c orrec tion of pipes. City Manager Mccown also stated that McLellan Pump Station would be relocated in order to be filled from the City Ditch; and an inflat able dam at the Union intake , The improvements will take a 50% increase in revenu es to pay off the bonds, City Manager McCown stated, and the improvements will be done in a 3 -5 year period. * * * * * * • I • • Clll!IIIIIIIIII r ( • December 1, 1977 Page 3 • • - Director of Utilities Fonda then presented the intricacies of the Capital Water Improvement Program, and how the Water Department arrived at computations inherent to the program. The Mayor asked if there was anyone in the audience wishing to address the Council on this matter. Bill Clayton, 958 E. Cornell Ave., appeared before the Council and asked about the low rate projection that Director of Utilities Fonda had discussed, Mr. Clayton wondered if people switched over to a meter for a low rate, would enough revenue be generated, Director Fonda answered Mr. Clayton's question by stating that if numerous people switched over to meters causing not enough revenue to be generated, then the City would have to make adjustments accordingly and increase the rate. A fervent dispute then ensued between Councilman Williams and Mr. Clayton over the issue of water meters . * * * * * * Councilman Mann requested a recess. Mayor Taylor declared a recess at 9:05 p.m. The Council reconvened at 9:20 p.m. Upon a call of the roll, the following were present: Councilman Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. Absent: None, The Mayor declared a quorum present, Councilman Brown posed that has been pointed out to him, could be increased 10% every year program anyway, in order the meet pass a bond issue. a question to Director of Utilities Fonda Councilman Brown's question wa s if the rate for five years,which is the length of the the cost of the improvements rather than Director Fonda stated that a similar solution was examined; but the City decided to encumber the bond issue now, beating inflationary costs and stretching payment over a twenty year period (the life of the bond). Director Fonda also stated that if the people wanted to pay for the i~provements in five years, then the rates would really have to be raised drastically. • I • • r December 1, 1977 Page 4 • - Mr. Jay Peters, 3100 S. Pearl , appeared before the Council and asked what good would metering an apartment complex do when one meter checks the water that all apartments use. Mr. Peters stated that this would not result in any savings . Then Mr. Peters inquire d about installing a meter in a residence where very little water would be used to water the yard . Direc tor Fonda answered Mr. Peters stating that using meters in apartment c omp l exs actually would not save that much money and that a residence on a metering system using very little water on the yard would save money over the flat rate system using a comparable amount of water. ****** Upon Councilman Clayton's request , a show of hands indicated that the citizens preferred the billing to remain quarterly. ****** Mr. Ma urice Jones, 5020 S . Washington, appeared before the Council and stated that he was in 100% agreement with the Coun c il and the City's plans for water improvements; however, he could not agree with the rate differ ence between the commercial industrial user and the resid ential user. Councilman Smith s tated that the difference is effective only after a certain amount of extra water usage. ****** Mr. Larry Owens, 3476 S . Grant , appeared before the Council and asked why Council did not _ conside; piping to the City Ditch. Councilman Clayton resp onded that Council has conflicting reports of the pipe capacity and the Council is uncertain at this point and time of the availability to change the diversion points along S. Platte River to connections at McLellan Reservoir. Co uncilman Sovern pointed out that Council is not planning to change points now because the return on the investment is not equal to the savings we are going to get on what we are presently using. Councilman Sovern further stated that the City is trying to accomodate adequately for the present usage and cake care of the bulk of improvements now. Director Fo nda interjected that if the City proceeds to improve the existing facilities and later builcsother pipe lines, then the City will have two alternate sources of supply and can still keep the rate down . Also, Director Fonda stated, one source would be a back up source if one pipeline would break. * * * * * * • I • • ( December 1, 1977 Page 5 • • - Councilman Clayton stated that a number of people have asked him what the City plans to do in emergencies. Councilman Clayton stated that the Council has decided to keep the Bear Creek Filter Plant for this purpose, and that he wanted to make the public aware of the fact that the City does have back up facilities. Councilman Clayton asked Director Fonda if the maintenance costs on .the weir seemed fairly high. Director Fonda stated that the maintenance is going to be high and then questioned the reliability of the weir and that he would investigate substitutes for the weir. * * * * * * Upon Councilman Smith's request, a show of hands indicated that the citizens present would be in favor of a bond issue now. * * * * * * Mr. Marten E. Lathrop, 3259 S. Clarkson, appeared before Coun c il and asked if a maintenance fund has been established on repairs of the water system and could any extra revenues that are received from the sale of water be set aside in a maintenance fund for future use, City Manager McCown stated that the Water Fund has been operating for the laat three to four years in deficit and money has been transferred from the Sewer Fund to the Water Fund to help cover expenses. Of course, City Manager McCown, stated if in the future more water is sold and extra revenue is received then Council would decide at that time what to do with the monies; however, there is no such fund of this type now. * * * * * * Mr. Ardys G. Entsminger, business address 2950 S. Fox, appeared before Council to congratulate the Council for their farsightedness in the proposed water system. Mr. Entsminger asked the Council if they have given any thought of what would happen if Englewood continued to sell water to Thornton for a period of twenty y ears but found itself short of water during that time and had a critical need for the water. Mayor Taylor stated that a clause in the contract provides for such a situation, e.g. if Englewood experiences a disaster during the term of the contract then Englewood would get first rights to the water supply. Mayor Taylor also stated that Thornton was well aware of these considerations when the City signed the agreement; however, it would take a catastropic situation to instigate the cut back. Councilman Smith explained to Mr. Entsminger that the City of Englewood is only selling water to Thornton and not the water right; therefore, Englewood keeps all the privileges that it always has had • • I • • December 1 , 19 77 Pa ge 6 • • • Mayor Taylor declared a recess at 10:40 p.m. The Council reconvened at 10:50 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Ta ylor. Absent: None. The Mayor declared a quorum present. * * * * * * RESOLUTION NO. 44 , SERIES OF 1977 WHEREAS, THE CITY COUNCIL HAS DETERMINED THAT IT IS NECESSARY TO 1'XTEND AND IMPROVE THE MU NICIPAL WATERWORKS SYSTEM OF THE CITY, AND TO ISSUE GENERAL OBLIGATION BONDS I N THE AMOUNT OF $6,700,000 FOR SUCH PURPOSE. COUNCILMAN WILL I AMS MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1977. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SOVERN MOVED TO ADJOURN THE SPECIAL CITY COUNCIL MEETING. Coun c ilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. None. The Mayor declared the motion carried and the meeting adjourned at 10:52 p.m . City Clerk • I • • ...... 0 SPECIAL MEETING : • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 1, 1977 The City Co un cil of t he City of Englewood, Arapah oe Coun t y, Colorado, met in s pecial session on December 1 , 1977, at 7:30 p.m . Mayor Taylor, presiding , called the meeting to order. Th e invocation was given by Mr. Marten E . Lathrop, 3259 S. Clarkson . The Pled ge of Allegiance was led by Mayor Taylor . Mayor Taylor asked for roll c all. Upon a call of t he roll, the following were present: Council Members Williams, So ve rn, Smith, Mann , Brown, Clayton, Taylor. Absent: None. The Mayor declared a quo rum present. Also present we r e: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Director of Finance/City Clerk James * * * * * * Mayor Taylor addressed the audience and explained sequence of events which led to this meeting, i.e . the passage of bill for an ordinanc e requiring installation of water meters upon sale or transfer of property at the expense of the buyer. A public hearing was held and most of the people were unfavorable toward installation water meters; however, the same people we re in favor of improving the water plant to increase the water pressure and replacing old worn out water pipes. Ma yor Taylor c ontinued explaining that Council was planning to take action on the final reading of the ordinance and then proceed in the direction that the public has indicated. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1977 AN ORDINANCE AMENDING SUBSECTI<l'I (a) OF SECTION 16, CHAPTER 3 , TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY REQUIRING THE OWNERS OF ALL PROPERTY HAVING • I • • December 1, 1977 Page 2 • - CONNECTIO N TO THE CITY WATER SUPPLY TO INSTAL L APPROVED WATE R MET ER S UPON THE SALE, TRANSFER, OR CHANGE FROM RES I DE NT IAL TO COMMERCIAL OR IND UST RIAL USE. COU NCILMAN WILLIAM MOVED TO PASS ORDINANCE NO. 21, SERIE S OF 1 97 7 ON FI NAL READING. Councilman Sovern sec onded the motion. Councilman Sovern stated that the City has two problems on the water issue -the water improvement system and the water meter installa t ion - with the water improvement system to be considered first. Councilman So v e r n still felt that the ordinance is valid and that eventually Englewood wo uld have meters. Coun c ilman Williams stated that he sponsored the bill origina lly bec a use he thought the City needed water meters and that the bill made the imp l eme ntat i on as easy as possible. Councilman Williams predicted that within two or three years water meters will be mandatory in the City of Englewood. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Williams, Sovern, Smith, Mann, Brown, Clayton , Taylor. The Mayor declared the motion defeated. * * * * * * Mayor Taylor summarized the alternatives that Council had to cot.sid e r o n the water program. The first alternative was the voluntary installation of water meters. The second alternative was to phase out the flat rates and have water meters installed as the property changed hands. The third alternati v e was mandatory metering inunediately. Mayor Taylor stated that the Council dec ided alternative #2 was the beat; however, many people became misinformed in one form or another tainting the alternative unfavorably. Therefore, Mayor Taylor, stated the Council has decided to pursue another direction and that is the bond issue. * * * * * * City Manager Mccown reviewed the proposed improvements to be covered by the bond issue. City Manager Mccown stated that the largest improvement wo u ld be the $4.S million renovation to the Allen Treatment Plant. Other improvements City Mana g er Mc Cown stated would be additional storage in the north part o f t he City, expansion of existing storage at Belleview and Clarkson and replacement and correction of pipes. City Manager Mccown also stated that McLellan Pump Station would be relocated in order to be filled from the City Ditch; and an infla t able dam at the Union intake. The improvements will take a 50% increase in revenues to pay off the bonds, City Manager Mccown stated, and the improvements will be done in a 3 -5 year period. * * * * * * • I • • • I ( December 1, 1977 Page 3 • • • Director of Utilities Fonda then presented the intricacies of the Capital Water Improvement Program, and how the Water Department arrived at computations inherent to the program. * * * * * * The Mayor asked if there was anyone in the audience wishing to address the Council on this matter. Bill Clayton, 958 E. Cornell Ave., appeared before the Council and asked about the low rate projection that Director of Utilities Fonda had discussed. Mr. Clayton wondered if people switched over to a meter for a low rate, would enough revenue be generated. Director Fonda answered Mr. Clayton's question by stating that if numerous people switched over to meters causing not enough revenue to be generated, then the City would have to make adjustments accordingly and increase the rate. A fervent dispute then ensued between Councilman Williams and Mr. Clayton over the issue of water meters. * * * * * * Councilman Mann requested a recess. Mayor Taylor declared a recess at 9:05 p.m. The Council reconvened at 9:20 p.m. Upon a call of the roll, the following were present: Councilman Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Councilman Brown posed that has been pointed out to him. could be increased 10% every year program anyway, in order the meet pass a bond issue. a question to Director of Utilities Fonda Councilman Brown's question was if the rate for five year~ which is the length of the the cost of the improvements rather than Director Fonda stated that a similar solution was examined; but the City decided to encumber the bond issue now, bea~ing inflationary costs and stretching payment over a twenty year period (the life of the bond). Director Fonda also stated that if the people wanted to pay for the i~provements in five years, then the rates would really have to be raised drastically. • ) I • • December 1, 1977 Page 4 • • - Mr. Jay Peters, 3100 S. Pearl, appeared before the Council and asked what good would metering an apartment complex do wh en one meter c hec ks the water that all apartments use. Mr. Peters stated that this would not result in any savings. Then Mr. Peters inquired about installing a meter in a res idence where very little water would be used to water the yard. Direc tor Fonda answered Mr. Peters stating that using meters in apar t ment complexs actually would not save that much mo ney and that a residence on a metering system using v ery little water on the yard would save mone y over the flat rate system using a comparable amount of water. * * * * * * Upon Co uncilman Clayton's request, a show of hands indicated that the citizens preferred the billing to remain quarterly. * * * * * * Mr. Maurice Jones, 5020 S. Washington, appeared before the Council and seated that he was in 100% agreement with the Council and the City's plans fo r water improvements; however, he could not agree with the rate difference between the commercial industrial user and the residential user. Councilman Smith stated that the difference is effective only after a certain amount of extra water usage. * * * * * * Mr, Larry Owens, 3476 S. Grant, appeared before the Council and asked why Council did not consider piping to the City Ditch. Councilman Clayton responded that Council has conflicting reports of the pipe capacity and the Council is uncertain at this point and time of the availability to change the div~rsion points along S. Platte River to connections at McLellan Reservoir. Councilman Sovern pointed out that Council is not planning to c hange points now because the return on the investment is not equal to the savings we are going to get on what we are presently using. Councilman Sovern further stated that the City is trying to accomodate adequately for the present usage and take care of the bulk of improvements now. Director Fonda interjected that if the City proceeds to improve the existing facilities and later buildlother pipe lines, then the City will have two alternate sources of supply and can still keep the rate down. Also, Director Fonda stated, one source would be a back up source if one pipeline would break. * * * * * * ) I • • ( Decembe r 1 , 1977 Pag e 5 • • - Councilman Clayton stated that a number of people have asked him what the City plans to do in emergencies. Councilman Clayton stated that the Council has decided to keep the Bear Creek Filter Plant for this purpose, and that he wanted to make the public aware of the fact that the City does h a ve back up facilities. Councilman Clayton asked Director Fonda if the maintenanc e costs on.the weir seemed fairly high. Director Fonda stated that the maintenance is going to be high and then questioned the reliability of the weir and that he would investigate substitutes for the weir. * * * * * * Upon Councilman Smith's request, a show of hands indicated that the citizens present would be in favor of a bond issue now. * * * * * * Mr. Marten E. Lathrop, 3 259 S. Cl arkson, appeared before Coun c il and asked if a maintenance fund has been established on repairs of the water system and could any extra revenues that are received from the sale of water be set aside in a maintenanc e fund for future use, City Manager McCown stated that the Water Fund has been operating for the last three to four years in deficit and money has been transferred from the Sewer Fund to the Water Fund to help cover expenses. Of course, City Manager McCown, stated if in the future more water is sold and extra revenue is received then Coun c il would decide at that time what to do with the monies; however, there is no such fund of this type now. * * * * * * Mr. Ardys G. Entsminger, business address 2950 S. Fox, appeared before Council to congratulate the Council for their farsightedness in the proposed water system. Mr, Entsminger asked the Council if they have given any thought of what would h a ppen if Englewood continued to sell water t o Thornton for a period of twenty years but found itself short of water during that time and had a critical need for the water. Mayor Taylor stated that a clause in the contract provide s for suc h a situa tion, e.g. if Englewood experiences a disaster during the term of the contract then Englewood would get first rights to the water supply. Mayor Taylor also stated that Thornton was well aware of these co nsiderations when the City signed the agreement; however, it would take a c a tastropic situation to instiga t e the c ut back. Councilman Smith explained to Mr, Entsminger that the City of Englewood is only selling water to Thornton and not the water right; therefore, Englewood keeps all the privileges that it always has had • • I • • r • Decembe r 1 , 1977 Page 6 • • • Mayor Taylor declared a recess at 10:40 p.m. The Council reconven ed at 10:50 p.m. Up on a call of the roll, the following were present: \ Counc il Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * RESOLUTION NO. 44, SERIES OF 1977 WHEREAS, THE CITY COUNCIL HAS DETERMINED THAT IT IS NECESSARY TO EXTEND AND IMPROVE THE MUNICIPAL WATERWORKS SYSTEM OF THE CITY, AND TO ISSUE GENERAL OBLIGATION BONDS IN THE AMOUNT OF $6,700,000 FOR SUCH PURPOSE. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1977. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. None. The Mayor declared the motion carried. COUNC ILMAN SOVERN MOVED TO ADJOURN THE SPECIAL CITY COUNCIL MEETING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. None, The Mayo r declared the motion ca rried and the meeting adjourned at 10:52 p.m. City Clerk --~~--------~---~---~---· I • • ) ....... I , ( SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 1, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on December 1, 1977, at 7:30 p.m. Mayor Ta ylor, presiding, called the meeting to order. The invocation was given by Mr. Marten E. Lathrop, 3259 S. Clarkson. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Co un cil Members Williams, Sovern, Smith, Mann, Brown, Clay ton, Taylor. Absent: None . The Mayor declared a quorum present . Also present were: City Ma nager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Director of Finance/City Clerk James * * * * * * Mayor Taylor addressed the audience and explained sequence of events which led to this meeting, i.e. the passage of bill for an ordinance requiring ins t allation of water meters upon sale or transfer of property at the expense of the buyer. A public hearing was held and most of the people were unfavorable toward installation water meters; however, the same people were in favor of improving the water plant to increase the water p re ssure and replacing o ld worn out water pipes. Mayor Taylor cont inued e xplaining that Council was planning to take action on the final reading of the ordinance and then proceed in the direction that the public has indicated. * * * * * * INTRODUC ED AS A BILL BY COUNCI LMAN WILLIAMS BY AUTHORITY ORDINANCE NO . 21, SERIES OF 1977 AN ORDINANCE Al-!ENDING SUBSECTICN (a) OF SECTION 16, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY REQUIRING THE OWNERS OF ALL PROPERTY HAVING • I • • December 1, 1977 Page 2 • • • CONNECTION TO THE CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPON THE SALE, TRANSFER , OR CHANGE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL USE. COUNCILMAN WILLIAM MOVED TO PASS ORDINANCE NO. 21, SERIES OF 1 977 ON FINAL READING. Councilman Sov ern seconded the motion. Councilman Sovern stated tha t the City has two problems on t he water issue -the water improvement system and the water meter installat ion - with the water improvement system to be considered first. Councilman So vern still felt that the ordinance is valid and that eventually Englewood wo uld have meters. Counc ilman Williams stated that he sponsored the bill originally because he thought the City needed water meters and that the bill made the impleme ntation as easy as possible. Councilman Williams predicted that within two or three years water meters will be mandatory in the City of Englewood . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. The Mayor declared the motion defeated. * * * * * * Mayor Taylor summarized the alternatives that Council had to coi.sider on the water program. The first alternative was the voluntary installation of water meters. The second alternative was to phase out the flat rates and have water meters installed as the prope rty changed hands . The third alternativ e was mandatory metering immediately. Mayor Taylor stated that the Council decided alternative #2 was the best; however, many people became misinformed in one form or another tainting the alternative unfavorably. Therefore, Mayor Taylor, stated the Council has decided to pursue another direc tion and that is the bond issue. * * * * * * City Manager Mccown reviewed the proposed improvements to be covered by the bond issue. City Manager Mccown stated that the largest improvemen t would be the $4 .S million renovation to the Allen Treatment Plant. Other improvements City Manager Mccown stated would be additional storage in the north part o f the City, expansion of existing storage at Belleview and Clarkson and replacement and correction of pipes. City Manager McCown also stated that McLellan Pump Station would be relocated in order to be filled from the City Ditch; and an infla table dam at the Union intake. The improvements will take a 50% increase in revenu es to pay off the bonds, City Manager McCown stated, and the improvements will be done in a 3 -5 year period. * * * * * * • I • • ( December 1, 1 97 7 Page 3 • • - Direc tor of Utilities Fonda then presented the intricacies of the Capital Water Improvement Program, and how the Water Department arrived at computations inherent to the program. * * * * * * The Mayor asked if there was anyone in the audience wishing to address the Council on this matter. Bill Clayton, 958 E. Cornell Ave ., appeared before the Council and asked about the low rate projection that Director of Utilities Fonda had discussed. Mr. Clayton wondered if people switched over to a meter for a low rate, would enough revenue be generated. Director Fonda answered Mr. Clayton's question by stating that if numerous people switched over to meters causing not enough revenue to be generated, then the City would have to make adjustments accordingly and increase the rate. A fervent dispute then ensued between Councilman Williams and Mr. Clayton over the issue of water meters . * * * * * * Councilman Mann requested a recess. Mayor Taylor declared a recess at 9:05 p.m. The Council reconvened at 9:20 p.m. Upon a call of the roll, the following were present: Councilman Williams, Sovern, Smith , Mann, Brown, Clayton, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Councilman Brown posed that has been pointed out to him. could be increased 10% every year program anyway, in order the meet pass a bond issue. a question to Director of Utilities Fonda Councilman Brown's question wa s if the rate for five year~ which is the length of the the cost of the improvements rather than Direc tor Fonda stated th a t a similar solution was examined; but the City decided to enc umber the bond i ssue now, be a~ing inflationary costs and stretching paym ent ov e r a twenty year p e riod (the life of the bond). Director Fonda also s t a t e d t ha t i f the people wanted t o pay f or the i~provements in f i ve years, then the rates wo uld really have to be raised drastically. * * * * * * • I • • De c emb e r 1, 1977 Page 4 • - Mr. Jay Peters, 3100 S . Pearl, ap peared before the Council and asked what good wou ld metering an apartment complex do wh en one meter chec k s the water that a11· apartments use. Mr. Peters stated that this would not result i n any saving s. Then Mr. Peters inquired about installing a meter in a r esidence wh e re v e ry little water would be used to water the yard . Director Fonda answered Mr. Peters stating that using meters in a partment co mp l exs actually would not save that much money and that a r esid en c e on a metering system using very little water on the yard would save mone y ove r the fla t ra te system using a comparable amount of water. * * * * * * Upon Co uncilman Clayton's r e quest, a show o f hands indicated that the citizens preferred the billing to remain quarter ly. * * * * * * Mr. Maurice Jones , 5020 S . Washington, appeared before the Council and stated that he was in 100% agreement with the Council and the City's plans fo r water improvements; however, he could not agree with the rate difference between the commercial industrial us e r and the resid e ntial user. - Co uncilman Smi th s tated that the difference is effective only after a certain amount of ext ra water usage. * * * * * * Mr. Larry Owens, 3476 S . Grant, appeared before the Council and asked why Council did not consider piping to the City Ditch. Councilman Clayton respond ed that Council has conflicting reports of the pipe capacity and the Council is uncertain at this point and time of the availability to change the diversion points along S. Platte River to connections at McLellan Reservoir . Councilman Sovern po inted out that Council i s not planning to change points now because the return on the investment is not equal to th e saving s we are going to get on what we a re presently using. Coun c ilman Sovern further stated that the City is trying to a c comodate adequately for the present usage and take care of the bulk of improvements now. Director Fonda interjected that if the City proceeds to improve the existing fa c ilities and later builcsother pipe lines, then the City will have tw o alternate sources of supply and can still keep the rate down. Also, Direc tor Fonda stated, one source would be a back up source if on e pipeline would break. * * * * * * • I • • December 1, 1977 Page 5 • • - Councilman Clayton stated that a number of people have asked him what the City plans to do in emergencies. Councilman Clayton stated that the Council has decided to keep the Bear Creek Filter Plant for this purpose, and that he wanted to make the public aware of the fact that the City does have back up facilities. Councilman Clayton asked Director Fonda if the maintenance costs au .the weir seemed fairly high. Director Fonda stated that the maintenance is going to be high and then questioned the reliability of the weir and that he would investigate substitutes for the weir. * * * * * * Upon Councilman Smith's request, a show of hands indicated that the citizens present would be in favor of a bond issue now. * * * * * * Mr. Marten E . Lathrop, 3259 S. Clarkson, appeared before Council and asked if a maintenance fund has been established on repairs of the water system and could any extra revenues that are received from the sale of water be set aside in a maintenance fund for future use, City Manager McCown stated that the Water Fund has been operating for the last three to four years in deficit and money has been transferred from the Sewer Fund to the Water Fund to help cover expenses. Of course, City Manager Mccown, stated if in the future more water is sold and extra revenue is received then Council would decide at that time what to do with the monies; however, there is no such fund of this type now. * * * * * * Mr. Ardys G. Entsminger, business address 2950 S. Fox, appeared before Council to congratulate the Council for their farsightedness in the proposed water system. Mr. Entsminger asked the Council if they have given any thought of what would happen if Englewood continued to sell water to Thornton for a period of twenty years but found itself short of water during that time and had a critical need for the water. Mayor Taylor stated that a clause in the contract provides for such a situation, e.g. if Englewood experiences a disaster during the term of the contract then Englewood would get first rights to the water supply. Mayor Taylor also stated that Thornton was well aware of these considerations when the City signed the agreement; however, it would take a catastropic situation to instigate the c ut back. Councilman Smith explained to Mr. Entsminger that the City of Englewood is only selling water to Thornton and not the water right; therefore, Englewood keeps all the privileges that it always has had. ) I • • d • Decemb er 1 , 19 77 Page 6 • • - Mayor Taylor declared a recess at 10:40 p.m. The Council reconvened at 10:50 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. Absent : None. The Mayor declared a quorum present. * * * * * * RESOLUTI ON NO . 44, SERIES OF 1977 WHEREAS, THE CITY COUNCIL HAS DETERMINED THAT IT IS NECESSARY TO EXTEND AND IMPROVE THE MUNICIPAL WATERWORKS SYSTEM OF THE CITY, AND TO ISSUE GENERAL OBLIGATION BONDS IN THE AMOUNT OF $6,700,000 FOR SUCH PURPOSE. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1977 . Councilman Sovern sec onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SOVERN MOVED TO ADJOURN THE SPECIAL CITY COUNCIL MEETING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. None. The Mayor declared the motion carried and the meeting adjourned at 10:52 p.m. . . .......- City Clerk • I • • In r, ( SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 1, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on December 1, 1977, at 7:30 p.m. Mayor Taylor, presiding , called the meeting to order. The invocation was given by Mr. Marten E, Lathrop, 3259 S. Clarkson. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call . Upon a call of the roll, the following were present: Coun c il Members Williams, Sov ern , Smith, Mann, Brown, Clayton, Taylor . Absent: None . The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Director of Finance/City Clerk James * * * * * * Mayor Taylor a ddressed the audience and explained sequence of events which led to this meeting, i.e. the pa s sage of bill for an ordinance requiring installation of water meters upon sale or transfer of property at the expense of the buyer . A public hearing wa s held and most of the people were unfavorable toward installation water meters; howe ver, the same people were in favor of improving the water plant to increase the water pressure and replacing old worn out water pipes . Mayor Taylor continued explaining that Coun c il was planning to take action on the final reading o f th e ordinance and then proceed in the direction that the public has indicated. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1977 AN ORDINANCE AMENDING SUBSECTictl (a) OF SECTION 16, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY REQUIRING THE OWNERS OF ALL PROPERTY HAVING • I • • n n ...... December 1 , 1977 Page 2 • - CONNECTION TO TH E CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPON THE SALE, TRANSFER , OR CHANGE FROM RESID ENT I AL TO COMMERCIAL OR INDUSTRIAL USE. COUNC ILMAN WILLIAM MOVED TO PASS ORDINANCE NO . 21, SERIES OF 1977 ON FINAL READING. Councilman Sove rn seconded the motion . Councilman Sovern stated that the City has two problems on the water issue -th e water improvement system and the water meter installat i o n - with the water improvement system to be consider ed f irst. Coun c ilman Sovern still felt that the ordinance is valid and that eventually Englewo od wo uld have meters . Councilman Williams st ated that he sponsored the bill originally becaus e he thought the City need e d water meters and that the bill ma de the impleme ntation a s easy as possible. Councilman Williams predic ted that within two or three years water meters will be mandatory in the City of Englewood . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Counc il Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. The Mayor declared the motion defeated. * * * * * * Mayor Taylor sununarized the alternatives that Council had to coi.sider on the water program. The first alternative was the voluntary installation of water meters. The second alternative was to phase out the flat rates and have wat e r meters installed as the property changed hands. The third alternat i ve was mandatory mete ing immediately. Mayor Taylor stated that the Council decided alternative #2 was the best; howev e r, many people became misinformed in one form or another tainting the alternative unfavorably . Therefore, Mayor Taylor, stated the Counc il has decided to pursue another direction and that is the bond issue. * * * * * * City Manage r Mccown reviewed the proposed improvements to be cove r ed by the bond issue. City Manag er Mccown stated that the largest improvement would be the $4.5 mi l lion renovation to the Allen Treatment Plant. Other improvements City Manager Mccown stated would be a dditional storage in the north part o f th e City , expansion of existing storage at Belleview and Clarkson and replacement a nd correction of pipes. Ci ty Manager McCown also stated that McLellan Pump Sta t ion would be relocated in order to be filled from the City Ditc h; and an in flatab le da m at the Union intake. The improvements will take a 50 % increase in rev enu es to pay off the bonds, City Manager McCown stated, and the improvements will be done in a 3 -5 year period. * * * * * * D I • • ........ ( December 1, 1977 Page 3 • • • Direc tor of Utilities Fonda then presented the intricacies of the Capital Water Improvement Program, and how the Water Department arrive d at computations inherent to the program. * * * * * * The Mayor asked if the r e was anyone in the audience wishing to address the Council on this matter. Bill Clayton, 958 E. Cornell Ave., appeared before the Council and asked about the low rate proj ec tion that Director of Utilities Fonda had discussed. Mr. Clayton wondered if people switched over to a meter f or a low rate, would enough revenue be gene rated. Director Fonda answered Mr. Clayton's question by stating that if numerous people switched over to me ters causing not enough revenue to be generated, then the City would have to make adjustments a ccordingly and increase the rate. A fervent dispute then ensued between Councilman Williams and Mr. Clayton over the issue of wat e r me ters. * * * * * * Councilman Mann requested a recess. Mayor Taylor declared a recess at 9:05 p .m. The Council reconvened at 9 :20 p.m. Upon a call of the roll, the following were present: Councilman Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. Absent: None. The Mayor declared a quorum present . * * * * * * Councilman Brown posed that has been pointed out to him. could be increased 10 % every y ear pr ogram anyway, i n order the meet pass a bond issue. a question to Director of Utilities Fonda Councilman Brown's question was if the rate for f ive year~ whic h is the length of the the cost of the improvements rather than Director Fonda stated that a similar solution was examined; but the City decided to encumber the bond issue now, beating inflationary costs and stretching payment over a twenty year period (the life of the bond). Direc tor Fonda also stated that if the people wanted to pay for the il\lprovements i n five years, then the rates would really have to be raised drastic ally. * * * * * * • I • • December 1, 1977 Page 4 • • - Mr. Jay Peters, 3100 S. Pearl, appeared before the Council and asked what good would metering an apartment complex do when one meter checks the water that all apartments use. Mr. Peters seated that this would not result in any savings. Then Mr. Peters inquired about installing a meter in a residence where very little water would be used to water the yard. Directo r Fonda answered Mr. Peters stating that using meters in a partment complexs actually would not save that much money and that a residence on a metering system using very lit tle water on the yard would save mone y over the flat rate system using a comparable amount of water. ****** Upon Councilman Clayton 's request , a show of hands indica ted that the citizens preferred the billing to remain quarterly . ****** Mr. Maurice Jones, 5020 S. Washington, appeared before the Co unci l and stated that he was in 100% agreement with the Council and the City's plans fo r water improvements; however, he could not agree with the rate difference between the commercial industrial user and the residential user. Councilman Smith stated that the difference is effective only after a certain amount of extra water usage. ****** Mr. Larry Owens, 3476 S. Grant, appeared before the Counc il and asked why Council did not consider piping to the City Ditch. Councilman Clayton responded that Council has conflicting reports of the pipe capacity and the Council is uncertain at this point and time of the availability to change the diversion points along S. Platte River to connections at McLellan Reservoir. Councilman Sovern pointed out that Council is not planning to change points now because the return on the investment is not equal t o the savings we are going to get on what we a re presently using. Councilman Sovern further stated that the City is trying to accomodate adequately for the present usage and take care of the bulk of improvements now. Director Fonda interjected that if the City proceeds to improve the existing facilities and later buildlother pipe lines, then the City will have two alternate sources of supply and can still keep th e rate down . Also, Director Fonda stated, one source would be a back up source if one pipeline would break. * • * * * * • I • • ( ( December 1 , 19 77 Page 5 • • - Councilman Clayton stated that a number of people have asked him what the City plans to do in emergencies. Councilman Clayton stated that the Council has decided to keep the Bear Creek Filter Plant for this purpose, and that he wanted to make the public aware of the fact that the City does have back up facilities. Councilman Clayton asked Director Fonda if the maintenance costs oa .. the weir seemed fairly high. Director Fonda stated that the maintenance is going to be high and then questioned the reliability of the weir and that he would investigate substitutes for the weir. Upon Coun c ilman Smith's request, a show of hands indicated that the citizens present would be in favor of a bond issue now. Mr. Mart e n E . Lathrop, 3259 S. Clarkson, appeared before Council and asked i f a maintenance fund has been established on repairs of the water system and c ould any extra revenues that are received from the sale of water b e set aside in a maintenance fund for future use, City Manager Mccown stated that the Water Fund has been operating for the last three to four years in deficit and money has been transferred from the Sewer Fund to the Water Fund to help cover expenses. Of course, City Manager Mccown, stated if in the future more water is sold and extra revenue is received then Council would decide at that time what to do with the monies; however, there is no such fund of this type now. Mr. Ardys G. Entsminger, business address 2950 S. Fox, appeared before Council to congratulate the Council for their farsightedness in the proposed water system. Mr. Entsminger asked the Council if they have given any thought of what would happen if Englewood continued to sell water to Thornton for a period of twenty years but found itself short o f water during that time and had a critical need for the water. Mayor Taylor stated that a clause in the contract provides for such a situation, e.g. if Englewood experiences, a disaster during the t erm o f the contract then Englewood would get first rights to the water s upply. May o r Taylor also stated that Thornton was well aware of these co nsiderations when the City signed the agreement; however, i t would take a c ata stro p ic s ituation to instigat e t h e c ut back. Coun c ilman Smith explained to Mr. Entsminger that the City of En g lewood i s only selling water to Thornton and not the water right; therefore, Englewood keeps all the privileges that it always has had. I • • • Decemb er 1 , 1977 Page 6 • • • Mayor Taylor declared a re cess at 10:40 p.m. The Council r econv en e d at 10:50 p.m. Upon a call of the roll, the following wer e present: Coun c il Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor . Absent: None. The Mayo r declared a quorum present. * * * * * * RESOLU TION NO. 44 , SERIES OF 1977 WHEREAS , THE CITY COUNCIL HAS DETERMINED THAT IT IS NECESSARY TO EXTEND AND IMPRO VE THE MUNICIPAL WATERWORKS SYSTEM OF THE CITY, AND TO ISSUE GENERAL OBLIGATION BONDS IN THE AMOUN T OF $6 ,700,000 FOR SUCH PURPOSE. COUNCILMAN WILLI AMS MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1977. Councilman Sovern seconded the motion. Upon a call of the r oll , the vote resulted ae follows: Ayes: Nays: Counci l Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SOVERN MOV ED TO ADJOURN THE SPECIAL CITY COUNCIL MEETING. Coun c ilman Williams seconded the motion. Upon a call of the roll, the vote r e sul t ed as follows: Ayes: Nays: Council Members Wi lliams , Sovern, Smith, Mann, Brown, Clayton, Taylor . None. The Mayor declared the motion ca r ried and the meeting adj o urned at 10:52 p.m. City Clerk • I • • ( SPECIAL MEETING: • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 1, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on December 1, 1S77, st 7:30 p.m. May o r Taylor, presiding, called the meeting to order. The invoc ation was given by Mr. Marten E, Lathrop , 3259 S. Clarkson. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor a sked f o r roll call. Upon a call of the roll, the following were present: Counc il Members Williams, Sov e rn, Smith, Mann, Brown, Clayton, Taylor. Absent: None. The Mayor declared a quorum present, Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Director of Finance/City Clerk James Mayor Taylor addressed th e audience and explained sequence of events which led to this me eting, i.e . th e pa ssage of bill for an ordinance requiring installation of water meters up o n sale or transfer of property at the expense o f the buyer. A public hearing wa s he ld and most of the people were unfavorable toward installation wat e r me t e rs; howe ver, the same people were in favor of improving the water pl ant t o increa se the water pressure and replac ing old worn out water pipe s. Mayor Tay lo r c ontinued explaining that Coun c il was pl anning to take action on the f i n a l reading of the ordinance and then proc eed in the direction tha t the public has i ndi c ated. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1977 AN ORDINANCE iUlENDING SUBSECTICtl (a) OF SECTION 16, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY REQUIRING THE OWNERS OF ALL PROPERTY HAVING • ) I • • r, ..., December l, 1977 Page 2 • • • CONNECTION TO THE CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPON THE SALE , TRANSFER , OR CHANGE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL USE. COUNCILMAN WILLIAM MOVED TO PASS ORDI NANCE NO . 21, SERIES OF 197 7 ON FINAL READING. Councilman Sovern seconded the mo tion. Councilman Sovern stated that the City has two problems on the water issue -the water improvement system and the water meter installation - with the water improvement system to be cons idered f irst. Coun ci lman Sovern still felt that the ordinance is v alid and that eventually Englewo od wo uld h a ve meters . Co un cilman Williams seated that he sponsored the bill origina lly because h e thought the City needed water meters and chat the bill made the implementation as easy as possible . Counc i lman Williams predicted that wi t hin tw o or three years wat er me ters will be mandatory in the City of Englewood . Upon a call of the r oll, the vote resulted as follows: Ayes: Nays: None . Council Members Wil liams, Sovern, Smith, Mann, Brown , Clayton, Taylor. The Mayor declared the motion defeated . Mayor Taylor summarized the alternatives that Council had to co1,s id er o n the water program. The first alternative was the voluntary installation of wat e r meters. The second alternative was to phase out the flat races and ha ve water meters installed as the property c hanged hands . The third alternative was ma ndatory metering immediately. Mayor Taylor stated that the Council decided alternative #2 was the best; however, many people became misinformed in one fo rm or another tainting the alterna tive unfavorably. Therefore, Mayor Taylor, sea ted the Council has decided to pursue another direction and that is the bond issue. * * * * * * City Manager McCown reviewed the proposed improvements to be covered by the bond issue. City Manager McCown stated that the largest im provement would be the $4 .5 million renovation to the Allen Treatment Plant . Other improvement s City Manager Mccown stated would be additional storage in the north part of the City , expansion of existing storage at Belleview and Clarkson and replacement and correc tio n of pipes. City Manager McCown also stated that McLellan Pump Station would be r e located in order to be f illed from the City Ditch; and an inf latable dam at che Union intake. The improvements will take a 50% increase in rev enues to pay off the bonds, City Manager McCown stated, and the improvements will be done in a 3 -5 year period. * * * * * * • I • • ( December 1 , 1977 Page 3 • • - Director of Utilities Fonda then presented the intricacies of the Capital Water Improvement Program, and how the Water Department arrived at computations inherent to the program. The Mayor asked if there was a ny one in the audience wishing to address the Council on this matter. Bill Clayton, 958 E. Cornell Ave., appeared before the Council and asked about the low rate projection that Director of Utilities Fonda had discussed. Mr. Clayton wondered if people switched ov er to a meter fo r a low rate, would enough revenue be generated. Director Fonda answered Mr. Clayton's question by stating that if numerous people switched over to meters causing not enough revenue to be generated, then the City would have to make adjustments accordingly and increase the rate. A fervent dispute then ensued between Councilman Williams and Mr. Clayton over the issue of water meters. * * * * * * Councilman Mann requested a recess. Mayor Taylor declared a recess at 9:05 p.m. The Council reconvened at 9:20 p.m. Upon a call of the roll, the following were present: Councilman Williams , Sovern, Smith, Mann, Brown , Clayton, Taylor. Absent: None. The Mayor declared a quorum present , * * * * * * Councilman Brown posed that has been pointed out to him. could be increased 10% every year program anyway, in order the meet pass a bond issue. a question to Direc tor of Utilities Fonda Councilman Brown's question was if the rate for five year~ which is the length of the the c ost of the improvements rather than Director Fonda sta ted that a similar solution was examined; but the City decided to encumber the bond issue now, b eating inflationary costs and stretching payment over a twenty year period (the life of the bond). Direc tor Fonda also stated that if the people wanted to pay for the i~provements i n five years, then the rates would really have to be raised drastical ly. * * * * * * • I • • ....... r Decemb er 1 , 1977 Page 4 • • - Mr . Jay Peters, 3100 S. Pearl, appeared before the Council and asked what good would metering an apartment complex do when one meter checks the water that all apartments use. Mr. Peters stated that this would not result in any savings. The n Mr. Peters inquired about installing a meter in a residence where very little water would be used to water the yard. Direc tor Fonda answered Mr. Peters stating that using meters in apartment complexs actually would not save that much money and that a res idence on a metering system using very lit tle water on the yard would save money over the flat rate system using a c omparable amount of water. * * * * * * Upon Cou ncilman Clayton's r e quest, a show of hands indicated that the citizens preferred the billing to remain quarterly . * * * * * * Mr. Maurice Jones, 5020 S. Washington, appeared before the Council and stated that he was in 100% agreement with the Council and the City's plans for water improvements; however , he could not agree with the rate difference between the commercial industrial user and the residential user . Councilman Smith stated that the difference is effective only after a certain amo unt of extra water usage. * * * * * * Mr. La rry Owens, 3476 S . Grant, appeared before the Council and asked why Council did not consider piping to the City Ditch. Councilman Clayton responded that Council has conflicting reports of the pipe capaci ty and the Council is uncertain at this point and time of the availability to change the diversion points along S. Platte River to connections at McLellan Reservoir. Councilman Sovern pointed out that Council is not planning to change points now because the return on the investment is not equal to the savings we are going to get on what we a re presently using. Coun cilman Sovern further stated that the City is trying to accomodate adequately for the present usage and take care of the bulk of improvements now. Director Fonda interjected that if the City proceeds to improve the existing facilities and later bu i lcsother pipe lines, then the City will have two alternate sources of supply and c an still keep t e rate down. Also, Director Fonda stated, one source would be a back up source if one pipeline would break. * * * * * * • D I • • ( December 1, 1977 Page 5 • • • Councilman Clayton stated that a number of people have asked him what the City plans to do in emergencies. Councilman Clayton stated that the Council has decided to keep the Bear Creek Filter Plant for this purpose, and that he wanted to make the public aware of the fact that the City does have back up facilities. Councilman Clayton asked Director Fonda if the maint e nance costs oa.the weir seemed fairly high. Director Fonda stated that the maintenance is going to be high and then questioned the reliability of the weir and that he would investigate substitutes for the weir. * * * * * * Upon Councilman Smith's request, a show of hands indicated that the citi~ens present would be in favor of a bond issue now. ****** Mr. Marten E. Lathrop, 3259 S. Clarkson, appeared before Council and asked if a maintenance fund has been established on repairs of the water system and could any extra revenues that are received from the sale of water be set aside in a maintenance fund for future use, City Manager McCown stated that the Water Fund has been operating for the last three to four years in deficit and money has been transferred from the Sewer Fund to the Water Fund to help cover expenses. Of course, City Manager Mccown, stated if in the future more water is sold and extra revenue is received then Council would decide at that time what to do with the monies; however, there is no such fund of this type now. * * * * * * Mr. Ardys G. Entsminger, business address 2950 S. Fox, appeared before Council to congratulate the Council for their farsightedness in the proposed water system. Mr. Entsminger asked the Council if they have given any thought of what would happen if Englewood continued t o sell water to Thornton for a period of twenty years but found itself short of water during that time and had a critical need for the water. Mayor Taylor stated that a clause in the contract provides for such a situation, e.g. if Englewood experiences a disas ter during the term of the contract then Englewood would get first rights t o the water supply. Mayor Taylor also stated that Thornton was wel l aware of these considerations when the City signed the agreement; however, it would take a ca tastropic situation to instigate the c ut back. Councilman Smith explained to Mr. Entsminger that the City of Englewood is only selling water to Thornton and not the water right; therefore, Englewood keeps all the privileges that it always has had . • ) I • • December 1 , 1977 Page 6 • • - Mayor Taylor declared a recess at 10:40 p.m. The Council reconven e d at 10:50 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor . Absen t: None. The Mayor declared a quorum present. ****** RESOLUTI ON NO. 44 , SERIES OF 1977 WHEREAS , THE CITY COUNCIL HAS DETERMINED THAT IT IS NECESSARY TO EXTEND AND IMPROVE THE MUNICI PAL WATERWORKS SYSTEM OF THE CITY, AND TO ISSUE GENERAL OBLIGATION BONDS IN THE AMOUNT OF $6,700,000 FOR SUCH PURPOSE. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1977. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SOVERN MOVED TO ADJOURN THE SPECIAL CITY COUNCIL MEETING. Coun c ilman Williams seconded the motion. Upon a call of the Toll, the vote resulted as follows: Aye s : Nays : Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Tay lor . None. The Mayor declared the motion ca rried and the meeting adjourned at 10:52 p.m. City Clerk • I • • • • - ~ INTRODUCE D AS A BILL BY COUNCILMA N WI LL IAMS /b{-/-11 5 B BY AU'rHORIT Y OR DINANC E NO . 21 , SERIE S OF 1977 AN ORDINANC E AMEND ING SU BSE CTION (a) OF SECTION 16, CHAPTER 3 , T IT LE XV OF THE 1969 ENGL EWOO D MUNICIPAL CODE, BY. REQUIR- IN G THE OWNER S OF ALL PRO PERT Y HA VING CONNECTION TO THE CITY WATE R SUP PL Y •ro INS'rALL APPROVED WATER METE RS UPON THE SAL E, 'I'RANSFE R, OR CH AN GE F ROM RESIDENT IAL TO COMMER CIAL OR INDU S-'r RI AL US E. I' , WHEREAS, the Engl e wood Water Board me eting in Speci al S es sion of March 29, 1977, r ecomme nded to the City Cou nc il a method whereby g ra dual metering would take place over a period of time upon the sale or t ransfer of all existing unm e tered accounts; and WHEREAS, the City Cou ncil, having considered various proposals for capital improveme nts and the cost the~eof to provide additional water t r eatme nt, finds that a gradual cha nge over to metered s er vi ce of all unmetered accounts would be in the best in te r e st of the res ident s and ci tize ns of the City of Englewood, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS1 Section l. That Subsection (a), Section 16, Chapter 3, Title XV of the 1969 Engl e wood Muni ci pal Code is hereby amended to read as follows1 15-3-16: METER REQUIREMENTS: (a) ALL OWNERS OF PROPERTY HAVING UN- METERE D WATER SERVICE SHALL BE REQUIRE .D TO INSTALL APPROVED WATER METERS WITHIN THIRTY (30) DAYS AFTER THE SALE, TRANSFER, OR CHANGE FROM RESIDENTIAL TO COMM E RCIAL OR INDUSTRIAL USES OF SAID PROPERTY RE- CEIVIN G WATER SERVICE THROUGH CONNECTIO N ·ro THE CITY WATER SUPPLY. WHENEVER A METE R IS TO BE INSTALLED, IT SHALL BE SUPPLIED BY THE WATER DI VISION AT THE OWNER'S COST. The rat e s for metered service ·shall be fix e d by Res olution of t he City Coun cil; provide d, howe v e r, that o ne bill for all wat e r u se d, consisti ng of the sum of mi nim um charge s for each mete r use d and a s ingle quantitative charge for all wat e r • ,f I • • ( • • • • used, ma y be is s ue d i n the following ca ses: (1) Where wate r s e rvice is taken through a combinatio n of meters, or thro ugh o n two {2) o r mo re service pipes, i f wate r se r vi ced t hrough each of such meter s an d se rvice pipes s hall be delivered an d us e d o n t he s am e property holding in the pro- se cution of one {1) general prupose, or a sing le enterprise on an integrated hold- ing of land, ~ndivided by public streets, roads or alle y H, (2) For all p,b lic schools, even though the meters m~; be situated in separate properties, Introduc ed, read in full and passed on first read-ing on the 1st day of August, 1977. Publ ished as a Bill for an Ordinance on the 3rd day of August, 1977. Read by title and passed on final reading on the 19th day of September, 1977. Published by title as Ordinance No, 21, Series of 1977, on the 2lat day o( September, 1977, Mayor ATTE ST: e x officio City Clerk-Trea su rer I, William D. J ame s, do hereby certify that the a bove a nd foregoing is a true , accurate a nd complete copy of the Or di na n c e, passed on f in al reading and published by title as Ordinan ce No.~~• Se ri e s of 1977, ex officio City Clerk-Treasurer • I • • - • \ . Moved Seconded I - 7 d,;.,1,, J • • • ROLL CALL Na Abstain Absent /1? )1U ~~ I . • • -• • ROLL CALL n e Ave Nav _ Abstain Absent ,,/ Wi 11 i ams ,:;? ,/' Sovern V Smith ,/ Mann -Brown L,,"' C 1avton .... Mayor laylor J_/ • I . • • • • -• • - Mo ved Seconded A we Nay Ab sta in Absent Williams Sovern ~mith Mann Brown 1..1avton Mayor 1aylor t: • I . • • • • • - -----...:-----~-=--=--.::..---=--- ROLL CALL Mo ved Seconded P¥~· ·_,e:,£;, ~ ~ ~ ~~~~-4:,74-r~ · • • I . • Moved Seconded 3 )o o J V e 'f,f" I" 1 1, ~~ {/ /} ~ "r. 9a t..,. ~ t' I ( :J < > ', C c • 't(' I , l,.( 0 I ? { u r) ',,..~ • • • Absent J (, J. ,,,/...:,, 1'h.t7 ' 1 ,,_:;-a '-' J? c. · • I • • I .I} -· tL • ., • • • Moved Seconded Williams or I) • I . . • • n ·n - • • ( ) v • • • I • • • • - • • ROLL CAL L Moved Seconded A 1ye Nav Absta n Absent e,.,/ -Wi 11 i ams L/ ........... Sovern / smith \.... 1'1ann I Brown j --Clay ton / 1-fayor Taylor .v • I • • • • • - ROLL CALL M d S d d A ove econ e \Ye av s a n sen Wil 1 fa ms N Abt f Ab t Sov ern ::.m1 en Mann tsrown l. lil,ltOn l'iayor I ay I or I • • • • - • • • ( ( C E R T I F I E D R E C O R D --------- 0 F P ROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO RELATING TO THE ISSUANCE OF GENE RAL OBLIGATION WATER IMPROV EMENT BONDS, IN THE PRINCIPAL AMOUNT OF $6,700,000 DATED FEBRUARY 1, 1978 • I • • ( • STATE OF COLORA DO COUNT Y OF ARAPAHO E CI TY OF ENGLE\"70 0D ss . • The City Co uncil o f the City of Engl ewood, Co lora do , me t in s p e cial sess ion , or din a nc e s and rul e s of in full co n form ity with l a w a nd the th e City, a t t he Co uncil Ch am bers , Mu ni c ipal Building , in Engl ewood, Col orad o, o n Th u r s day , Decembe r 1, 1977 , at 7:30 P .M. The following mem b e rs we re pr ese nt , c on s tituting a quorum: Mayor : J a me s L. Taylor Mayor Pro-Te rn : David B. Clayton Council Me mb e rs : Howard R. Brown Vernon M. Mann Donald Smith Douglas T. Sovern Donald Williams Also present:, City Manager : Andy Mccown Director of F inance, ex-officio City Clerk and Treasurer: William D. James Assistant City Manager: Jim Curn e s City Attorney: Bernard V. Berardini Absent: The r e upon Council !l em ber intro- duced a nd ~ove d the a d o pt io n of the foll owi ng Resolu t io n: -1 -· • I • • In n - \ • • r WHEREA S, the C ity Council h a s determine d tha t it is necessary t o e xtend and i mprove the muni cipa l waterworks s y stem of the City , and to is s ue g ener al ob lig a ti o n bonds in the amoun t of $6 ,7 00 ,000 for s uch purpose ; and WHEREA S, the City Cou ncil has d etermined that a n elec- tio n is not required for the is sua nce of g e n era l obligation water i mp rover.ient bonds , in accordance with S ec . 104 of the City Char- ter ; and WHEREA S, the bonds s hall be sol d to the high es t a nd b es t bidder fo r cas h, a nd to the best ad vantage of the C ity: BE IT RESOL VE D BY TH E CITY COUNCIL OF TH E CI TY OF ENGLEW OOD, COLORADO: 1. That notice of sale of Gener al Obliga t ion Wate r Improveme nt Bonds, in the principal amo unt of $6,700,000, shall be pu blish e d one time in the Engl e wood Hera ld S e ntinel, Englewood, Colorado, a newspaper having g enera l circulation in the City. 2. The notice of sale shal l be in substantially the following form: -2 - • I • • - 1. • • ( ( NOTICE OF SAL E GENERA L OBLIGATION WATER IM PRO VEMENT BONDS , $6 ,700,000 CI TY OF ENGLE 'IOO D, ARAPAHO E COUNTY , COLO RAD O SALE DATE: MONDAY , DECEM BE R 19 , 1977 The City Council of the City of Englewood , Colorado , will r ece ive scale d bids at the office of the Di r ecto r of Fi - nance , Muni c ipal Building , 3400 S . Elati St ., Engl e wood , Col orad o , unti l 2 :00 P .M. M.S .T . on Monday , Dec em be r 1 9, 197 7, for the purchase of $6 ,700 ,00 0 of Ge n e ra l Ob li gatio n \'l ater I mprove me n t Bo nds , d a t e d February 1 , 1 9 7 8. The b on ds shal l be in t h e d enomi n a ti o n o f $5,000 ea ch, n umbere d 1 t o 1,340, inclu s iv e , s hall bea r i n ter e s t pa y a ble on Dec em be r 1, 19 78, a nd se mi -a n nua lly th erea f te r o n t he 1 s t: d a y o f June and the 1s t da y of Dec e mbe r ea ch y ea r, and s ha ll mat u r e seria l l y o n Decem ber 1, as f oll o ws : Amoun t Mat urity $ 180,000 1979 195,000 1980 205,000 1981 215,000 1982 230,000 1983 $ 245,000 1984 260,000 1985 275,000 1986 290,000 1987 310,000 1988 $ 325,000 1989 345,000 1990 3 65,000 1991 39 0,0 00 1992 4 1 0,00 0 1993 $ 4 35 ,00 0 1 9 94 465,000 1 9 95 490,000 1 9 96 5 2 0,000 1997 55 0,000 19 98 Bo nd s o f t h i s i ss u e mat uring on or b e for e Dec em be r 1 , 198 7, sha ll not b e re d ee ma b l e pri or to th e i r r esp e cti v e ma u rity dates . Those bonds ma turing o n or afte r De c em be r 1, 1988 chal l be r e d eema ble at th e option of the City, i n inver s e n ume ri- ca l orde r , on Ju n e 1, 1988 , and on any interest payment date t herea ft e r , upon pay De n t of pa r, a nd accrue d interes t. Principal an d i n terest wil l be payab l e at T h e Fir s t Na tional Ba nk of Engl ewood , i n Englewood, Colorad o. The bonds will be i ssue d for the purpose of paying the cost of exte n ding an d impro v ing the municipal waterworks s y s tem of t h e City. The Ordinance authorizi n g the i ssuance of b on ds wil l provi de for t h e levy and colJec t io n of a g e nera l ad v alorem t a x on a ll of the taxab l e pro pe rty w i t h i n t h e C ity, without limit a s t o rate o r amou n t , for the payme n t of the principal of a nd i n terest on th e bonds . I n addition , i n the -3 - • I • • - r • • ( ( o r din a nce auth o rizi ng the i s suanc e of the bonds , the City will co v e n a nt to establish an d main t a in rates and charg e s for se rvice by the munic ipal wat e rworks system to produce net income an d r evenue e ach y e ar s uf f ici e nt to pay the debt ser vice of t he bonds d a t e d F e bruary 1, 1978. The bonds will be d e livere d at a ny b a nk or trust compa ny in De nv e r, Col ora do. It is a nticipat e d that d e livery of the bo nds will be mad e within 60 days following the award of the bonds. Bids may be conditioned upon rec e ipt of the approving legal opinion of the bond attorneys named below, but must in any and a ll other respects be unconditi o nal. No bid for l es s than par and accrued interest to the date of delivery will be accepted. The net effective interest rate of this i ss ue shall not exceed 6% per annum. Suppl e mental or "B" .interest coupons are not allowed. One int e rest rate only shall be stated for any maturity. The maximum allowable sprea d between the highest and lowest in teres t rates is 1 1/2%. Interes t rates should be stated in multipl e s of twentieths or eighths of one (1) per cent. The ma xi mum numb e r of separate interest rates allowed shall be 5, although the same int ere st rate may be r e peat- ed. The bonds will be awarded to the bidde r n a ming the lowest n e t interest cost to the City, whi ch is defined as the total amount of interest to accrue from the date of the bonds to the date of maturity, without regard to the prior redemption provision, less the total amount of cash premium bid, if any • . The City will furnish the executed bonds, a certified transcript of legal proceedings an d the approving legal opinion. The legality of the bonds will be approved by Messrs. Willson and Lamm, P.C., Attorneys at Law, Denver, Colorado, whose legal opinion will be printed on each bond. Bond counsel's approving opinion will recite, in conv e ntional form, that bond counsel has examined the Constitution and Laws of the State of Colorado, the Charter of the City and a certified copy of the record of the proceedings of the City taken preliminary to the issuance of the bonds, and that bond counsel has examined bond numbered one of said i ss ue a nd has found the same properly executed and in due legal form. The opinion will express an unqualified opinion as to l ega lity and as to tax ex e mptio n of intere st on the bonds. 'rhe matt e rs pa s sed u po n by bo nd counsel do not e xt e nd beyond those me ntioned in the pr eceding paragraph and bond counsel spec ifically has no responsibility for the accu racy or c om plete- ness of a ny information furnished to any p e rson in connection with any offe r or sale of the bonds. The City shall reserve the right to waive any defect or irre gularity in any bid. A c ashi e r's ch e c k or c e rt ifi e d ch e ck drawn on a bank or tru s t company , p a y ab l e to the City of Engl ewoo d, Colorado, in th e a mou nt of $13 5 ,000 mu s t accompany eac h bid. Th e check of the suc c essfu l bidd e r will be retained by the City as liquidated da mages in the event the bonds are not taken up an d paid for in accorclan ce with the bid. Checks of unsuccessful bidders will be r e turn e d im me diately. -4 - I • • - • • • The City Council will mee t within 24 hours foll ow ing the op e ning of bids to consider the award of the bonds . Additional information concerning the City and this issue ca n be obtai n e d from Mr. Wil liam D. J ame s, Director of Finance o r from Hanifen , Imhoff & Samford, Inc., 624 17 t h Stre et , Denver, Colorado, 80202 the financ ial consultant to the City. 1977. BY ORDE R OF THE CITY COUNCI L This 1st day of Dec e mbe r, /s/ Publish in: Englewood Herald Sentinel Publish on: Decemb er 7, 1977 -5 - William o. James Director of Finance Englewood, Colorado I • • - • • • 3. In addition to the publication of the notice of sa l e referre d to above , the Dir e ctor of Finance and Hanifen , Imhoff & Samfor d, Inc ., Denver , Colorado , the financial consulta nt to the City , are authorized to forward a copy of the notice of s a le to investment banking firms , banks an d others who may be intereste d in bidding on the bonds . RCSOLUTIO N ADOPTED AND APPROVED t his 1st day of Decem- ber, 1977. ( S E A L ) Mayor ATTEST: Ci t y Clerk -6 -' ', I • • • • ; • r Thereupon Council Membe r seconded th e mo tion. The question being upon the p assage and adoption of the Resolution , the r oll was called with the following r es ult: Those voting YES: Mayor: Mayor Pro-Tern : Council Members: J ame s L. Taylor David B. Clayton Boward R. Brown Ve rnon M. Mann Donald Smith Douglas T. Sovern Donald Williams Those voting NO=----------------------- The presiding office r thereupon declared tha~ a majority of those Council Members pr ese nt at the meeting having voted in favor thereof, the motion was carried and the Resolution duly passed and adopted. Thereupon, after consideration of other matters, the meeting was adjourned. ( S E A L ) Mayor ATTEST: City Clerk -7 - • I • • ·In - • STATE OF COLORA DO COUNTY OF ARAPAH OE CITY OF ENGLEW OOD s s . ; • I, William D. J ame s, Director of F i n a nce of the City oE En gl e wood , Arapahoe County, Colo rado , do h ere by certify th a t the foregoing page s numbere d 1 to 7, inclu sive , constitute a true a nd correct copy of a portion of the r ecor d of procee dings of the City Council of the City of Englewood, Col ora do, tak e n at a specia l meeti ng of the Council on Thur sday, Decembe r 1, 1977, insofa r as sa id proceedings relate to a Resolution concer ning the sa le of Ge n era l Oblig at ion Water Improv e me nt Bonds, in the prin c ipal arno unt of $6,700,000, a copy of which is therein set forth; that the copy is a true and corr e ct copy of the original th ere of, as adopted at said mee ting; a nd that the Resolution has b ee n signe d by the Mayor, and by me as City Clerk, sealed with the corporat e seal of the City, and recorded in the official records of the City. IN TESTIMONY WHEREOF, I have n ame and affixed the corporate seal of hereunto subscribed my the City, at Englewood, ~~~~~~~' 1977. Colo rado , this day of ( S E A L ) Director of Finance 8 - I • • I n • • (A ttach Affid a vit of Publication of notice of sa le of bonds in the Englewood Heral d Sentinel , on Decembe r 7, 1977) -9 - • I • • In r-, ...... • • • r (Attach list of investment banking fi rms , b anks , an d oth e rs t o whom the notice of sale was forw ard e d) -10 - I • • In ,, - To Date /J-, -/ Time .5'J # 0 M, 7/..::::tJ...!!,ecord of Phone Ar e,1 Code Nvmbc , • • - TELEPHONED PLE ASE PHO NE _. IL _ _,. (l._-{ {,A.._.., , t /, .,.., CALLED TO SEE YOU Will CA LL AGAIN '---~«..' ~v """-7'<&->..,,,_ _________ _.,___w_A_NT_S_TO_S_EE_Y....cO...c.U _ __.__s E--"E_M_E ____ _, lfOIL ... ll 'i r >J../M IC:)o , • 0 I • • In r ( • • • • NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL THURSDAY, DEC EM BER 1, 1977 7:30 P.M . The City Council of the City of Englewood, Arapahoe County, Colorado, is hereby called to a special meeting at the City Hall, 3400 South Elati Street , for the purpose of : 1 . Consideration of Water Capital Improvement Program, water rate analysis, and issuance of General Obligation Bonds for Capital Improvement Program . ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following Englewood, do above special persons, all Council Members of the Cit y of ~:I~~y ackno~wledge receipt of not~f the/ /.'2~'-'c.-.-, A I VJ {fl--v / -4 . ..:c d ct:g,_, ;o ) 7 ~ ··,, ' y?J" '-7 1!1 k I , ,/l'i, _Ll'Lt~." :1 t I _/ \ ( _(': . £ ', c-=-1 .., N(t(t ) ~ ~'--...._ ___ -. .,.\'.':"""\-. --...__, '-. ~lt/J.2 khU,z ~(~~~M_/ ,~;;.1~ • I • • •I - ( • • • • NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL THURSDAY, DECEMBER 1, 1977 7 :30 P.M. The City Council of the City of Englewood, Arapahoe County, Colorado, is hereby called to a special meeting at the City Hall, 3400 South Elati Street, for the purpose of: 1. Consideration of Water Capital Improvement Program, water rate analysis, and issuance of General Obligation Bonds for Capital Improvement Program. /1 / /J /}J l /' Gf)lt&////(&C,'!/F\.. ANDYo,1cCOWN City Manager ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Englewood, do hereby acknowledge receipt of notice of the above special call. ~dJU&4 Ld-:z<aut1 .. / ~/~ • I • • • • • • 62"1 ~LVEN1E"E N TH STRC.ET · OLNVlR,COL0~'.1ADO eozoz · 1303) 53 "4 ·012 1 1-6,._~~A IIT Pl,C £E ~~A.DO...SC2.02-....l.3.Q~-:i • "' 926 9,-._. AVE"NUE · CPE£'.t EY, COt_Q Q.60 0 61".\A;:\! 30 3 1 )'!oe•4 7 ?41 929C.~AN0 .t.V["IUE · GL£.N'N000 SPR11.1GS,C OLQPAUO e 1&Q1 13031 '3415 b223 '-1C"" LR NCW TQP O\ S"TOC.P< CXCllAN0E:, I N C, A,_.(l=II C 4N $'TOC O\ E>rCHA NGE 1 1NC ASSO Cl •TC Mt:"'1BC P $6 ,70 0,00 0 M10Wf:5,'T STOC-t t.•C •H,NGE, •NC P II-C 1r1c s,.oc ... E><Cts!it.NOE. INC 11-15-77 CITY OF E NGLEWOOD, COLORADO GENER AL OBLIGATION WATER IMPROV EMENT BONDS Sch e dule of Events No vem ber 2 3 D e liv e r mat e rial s t o c oun c i l f or con s id e r a tion at Nove mber 28, 1 97 7 , me e ting December 1 December 7 D ecemb e r 8 D ecembe r 19 D e cembe r 2 1 !..978 J an u a ry 2 January 4 F b r uar y 3 F br ua ry 6 Council adopts bond sale r es o l ution Publish n o ti ce of bond saJe Mail pro s p ectus to pot e ntia l bidders Bond bid s r 'ece ived (2:0 0 P . M .) Council awards bon d s (7 :3 0 P . M . )·by resolution Council adopts bond ordinance o n firs t readin g Fir s t publication of bond ordi nan ce Council a d opt s bond ordinance on fina l reading (Or J a nuary 3 if J anua ry 2 is holiday) S econd publica tion of bon d ordinance E ff ective date of bond ordinance Bond proc ee d s delive red to City • I • • - • Y ea r 1 978 1 979 1 98 0 1 98 1 1 98 2 1 983 1 98 4 1 98 5 1986 1 98 7 1988 1 98 9 1 99 0 1 99 1 19 9 2 1 993 1 994 1 995 1 9 96 1 997 1 998 • • - Ci 4 ,..[.VLNTllNTH !,lMLL T · ui:,v(R,(.OLQnl'OO 80c'O? 110 3 1 '->)4-0ZZ• 162 fP(r ~..,..(-..Q..E.~1..C.Q1QDtO(J/~~..:W.-.Q...:!2.I ze 9TH l.l Vr'"'IU E · Gnrr-Lt:Y,COL P l> 0 A ,....,,,,, 1 10 3 1 J~c-,47-,4 gz9GRA.·jQ AV ENU E · Gl E ',WOO O SPR1 t,,,(,5 ,COLQJ:H100 e16Q1 130='1 ()4 !', 8ZZ 3 ,_.CMf:tCP N(.W VQPI'( 51 QC I( CYCI-IA r4GE , I N C ,&,+.i1£A IC A N s,,oc,o; C:>CH.DiNQ E,I N C .ASS OCI ATE MEM O C:R $6,7 00,000 C ITY OF EN GL E WOOD , COLORADO ""nOwEST STOC o<. f"YCMll t/C E. r ... c P 4 Clf"tC STQC ,o; C)(CO-.ANGE.,1NC GENERAL OBLIGATION WATER IMI ROVEMENT BON DS ProEosed R eEayment S h e dule P r incipal Coupon Int e r e s t Interest (12-1) Ra te (6-1 ) (12-1) T otal $ $ $33 5,000 $335 ,00 0 180,000 6 . 000% 20 I,OOO 20 1,00 0 582 ,00 0 1 95 ,000 6.00 0 195,60 0 1 95 ,6 00 5 86 ,200 205,00 0 6 .000 189,750 189,750 584 ,5 00 215,000 6 .00 0 1 83 ,6 0 0 1 83 , 6 00 58 2,200 230 ,000 6 .000 177,150 177,150 5 8 4 ,300 245,00 0 6 .000 170,250 170,250 585 ,50 0 2 6 0,000 6 .000 1 6 2,900 162,90 0 585,80 0 275,000 6 .000 155,100 155,100 585 ,2 00 290,00 0 6 .00 0 146,850 146,850 583 ,700 3 10,000 6 .000 138,150 138,150 586,300 325 ,000 6 .000 128,850 128,8 50 5 8 2,700 345,000 6 .000 119,100 119, I 00 583 ,2 0 0 365 ,000 6 .000 10 8 ,75 0 108,750 582,500 39 0,0 00 6.000 97,800 97,800 585,600 410,000 6.00 0 86,10 0 86 ,100 582,200 435,000 6 .000 73,8 00 73 ,800 582,600 465,00 0 6 .000 6 0,750 60 ,750 586,500 490,000 6.00 0 46 ,8 00 46 ,8 0 0 58 3,600 52 0,000 6 .000 32 ,1 00 32,100 584,200 550 ,00 0 6 .00 0 1 6 ,50 0 1 6 , 500 583 ,00 0 A sswn ptions : D a t e of I ssue -F eb rua ry 1, 197 8 F ir s t I ntc r e st Pa y m e nt -D e cemb e r I, 1978 Int e r est Ra t e -6 . 000% -·------.....c..~~--------~~--~--~--... • I • • n I l_n - • Y e a r 19 78 1 97 9 1 98 0 1 98 1 1 98 2 1 983 1 98 4 19 8 5 19 8 6 1 98 7 1988 1989 1 99 0 199 1 1992 1 99 3 1 994 1 995 1 996 1 99 7 1 998 I • • - •.,2 4 [V{.U T t (N TH !,lf'Lt.T · Uf •Jvfn,<.OlOA AO O 60c'0? noJI '.:».3 .d·OZZ• &;.t--M ~-£.--.Q.E~ o,co,or ,,c,..o .., fl.O~-J.A..o..022.I ~Z B 9 1M A V'""I U C · c,i:.>rELf:Y.COL1.,.P A r:, ""'"'"''' •o I J5e ..i, .. .., g zS1 G '1A.·,o .t.V(NU ( · C.L ('.w OO O sµRU.,GS ,C:OLC;IH,DO 81f'Q I ;10 :1 1 ')4 5 8 2 23 ,..C M BC A N C W Y Q ~I( sr oc ,,; C "C M l/,.fJG E ,1•--c .&.MCA IC AN S,T OC."" c ~ C.HA.NO C,IN C .&SSOC I A T( .... (M O C~ $6 ,700 ,00 0 "'10W£S,T 5T0 CI( f)'C M /\•,c t ,t.._C P •C1r1c S.T OC "' C ,C H ... N O C ,•"-I C. CITY OF ENGL E WOOD, COLORADO GENERAL OBLIGATION WATER I MPROV EMEN T BONDS P r oposed R epaym e n t S c h e du l e Principal Coupon Int e r e s t Int e re s t (12-1) Rate (6-1) (1 2 -1) Total $ $ $335 ,000 $335,00 0 180,000 6 . 000% 20 1,000 20 1 ,00 0 5 82 ,00 0 1 95 ,000 6 .000 1 9 5 ,6 00 195 ,60 0 586 ,20 0 205,000 6 .000 1 89 ,75 0 1 8 9,75 0 584,500 215,000 6 .000 1 83 ,6 00 183 ,60 0 582 ,200 230 ,000 6.000 177,150 177,1 5 0 5 8 4,30 0 245 ,00 0 6 .000 170,250 170,25 0 585 ,50 0 2 6 0 ,00 0 6 .000 1 62 , 90 0 162 ,90 0 585,800 275,000 6 .00 0 155 , 100 155 ,1 00 585,20 0 290 ,00 0 6 . ·oo o 146,85 0 146,850 583,700 3 1 0 ,00 0 6 .00 0 138,150 138,1 5 0 586 ,3 00 325,00 0 6 .0 00 128 ,8 50 1 28 ,85 0 582 ,700 345,0 00 6 .00 0 1 1 9 ,1 0 0 1 1 9 , 1 0 0 58 3,20 0 365 ,00 0 6 .00 0 1 0 8, 750 l 08 , 75 0 582 ,500 390 ,000 6.0 00 9 7 ,800 9 7 ,80 0 585,600 410,000 6 .00 0 86,100 86,10 0 582,200 43 5,000 6 .000 73,8 00 73 ,8 00 582,600 465,000 6.00 0 60,75 0 60 ,7 50 586 ,500 490,00 0 6.000 46,8 00 46,800 583 ,600 52 0,000 6 .000 32 , I 0 0 32 ,100 5 84 ,200 550 ,00 0 6 .00 0 1 6 , 5 00 1 6 ,500 583 ,00 0 A s swnptions: D a te of I ssue -F e brua ry 1, 197 8 Firs t Int e r es t Pa y ment -D ecemb e r I , 1 978 Int e r es t Ra t e -6 . 000% • I • • ( ( • INTRODUCED • • - V ~~ .r,•_,,,/' t,'j r. l, ~·t:, V ·.. ' /" 7 ,_.,)-' • • _ ... ~ .... , ... ,-/. .L,' /T"" -,..~ #7 ,? ,.. ,t_/' ~,,-,,, ... _y AS A BILL BY COUNCILMAN W:J1LLIAM BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1977 AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 16, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY REQUIR- ING THE OWNERS OF ALL PROPERTY HAVING CONNECTION TO THE CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPON THE SALE, TRANSFER, OR CHANGE FROM RESIDENTIAL TO COMMERCIAL OR INDUS-TRIAL USE. WHEREAS, the Englewood Water Board meeting in Special Session of March 29, 1977, recommended to the City Council a method whereby gradual metering would take place over a period of time upon the sale or transfer of all existing unmetered accounts; and WHEREAS, the City Council, having considered various proposals for capital improvements and the cost thereof to provide additional water treatment, finds that a gradual change over to metered service of all unmetered accounts would be in the best interest of the residents and citizens of the City of Englewood, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Subsection (a), Section 16, Chapter 3, Title XV of the 1969 Englewood Municipal Code is hereby amended to read as follows: 15-3-16: METER REQUIREMENTS: (a) ALL OWNERS OF PROPERTY HAVING UN- METERED WATER SERVICE SHALL BE REQUIRED TO INSTALL APPROVED WATER METERS WITHIN THIRTY (30) DAYS AFTER THE SALE, TRANSFER, OR CHANGE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL USES OF SAID PROPERTY .RE- CEIVI NG WATER SERVICE THROUGH CONNECTION TO THE CITY WATER SUPPLY. WHENEVER A METER IS TO BE INSTALLED, IT SHALL BE SUPPLIED BY THE WATER DIVISION AT THE OWNER'S COST. The rates for metered service ·shall be fi xed by Resolution of the City Council; provided, however, that one bill tor all water used, consisting of the sum of minimum charges for each meter used and a s ingle quantitative charge for all water • I • • ( ( I • • - used, may be issued in the following cases: (1) Where water service is taken through a combination of meters, or through on two (2) or more service pipes, if water serviced through each of such meters and service pipes shall be del i vered and used on t he same property holding in the pro- secuti on of one (1) general prupose, or a single enterprise on an integrated hold- i ng of land, undivided by publ ic streets, roads or alleys , (2) For all public schools, even though the meters may be situated in separate properties. Introduced, read in full and passed on first read-ing on the lat day of August, 1977 . Published as a Bill for an Ordinance on the 3rd day of August, 1977. Read by title and passed on final reading on the 19th day of September, 1977. Published by title as Ordinance No. 21, Series of 1977, on the 21st day of September, 1977. Mayor ATTEST: e x offic i o City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a ·true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1977. ex officio City Clerk-Treasurer • I • • • • , 0 I • I . • • ( • r • • • NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL THURSDAY, DECEMBER 1, 1977 7 :30 P .M. The City Council of the City of Englewood , Arapahoe Coun ty , Colorado, is hereby called to a special meeting a t t he City Hall, 3400 South Ela t i Street, for the purpose of : 1. Consideration of Water Capital Improvement Program , water rate analysis, and issuance of General Obligation Bonds for Capital Improvement Program. /1 /) //);) / ulz/!J//t' w '(;f/"J-\._ ANDYc'.'.)'lcC OWN City Manage r ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Englewood, do hereby acknowledge receipt of notice of the above special call. ~ /if2---<-, .A FJ ~ V 4 . .;c d C?~ ~.::,ttt;;/ '-- ft"11\ Ge L1.J kri<?J-,0 ~,a?.-d,1£ Ldaa-r,.M_ ./ ,s::::=?r I~ • I . • , • • - 0 CI TY COUNCI L MEETING -Decem be r 1 2 , 1977 Sp ecial • • . . ( • SPECIAL MEETING: I • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORAJX) December 12 , 1977 /(! The Ci t y Co uncil of the City o f Englew oo d , Arapah oe County , Colo rado , met in special session o n December 12 , 1977 , at 7 :30 p .m. May or Taylor , presiding , called the meeting t o order . The invo cati on was given by Councilman Brown . The Pl edge o f Allegiance was l ed by May or Taylor . May or Taylor a s ked f o r r oll c all . Up on a call o f the r oll , the f ollowing were present: Council Member s Wi lliams , Sove rn , Smith , Mann , Brown, Clayton , Taylo r . Absent : No ne . , The May or declare d a qu orum present , Also present were: City Manage r Mcc own Assistant City Manager Curnes City Attorney Berardini Director o f Co mmunity De velopment Wanush De puty City Cl erk Watkins * * * * * * Co uncilman Smi th left the meeting at 7:3 5 p .m. COUNCILMAN WILL IAMS MOVED TO OPEN THE PUB LIC HEARING ON HAMPDEN PROFESSIONAL PARK SUBDI VISION , Co uncilman Sovern seco nded the moti on, Upo n a call of t he r oll , the v ot e resulted as f ollows: Ayes : Nays : Absent : Co uncil Members Brown , Clayton , Williams , Sovern , Mann, Tay lor . No ne , Co uncil Member Smith , The Mayor dec l ared t h e motion carried , * * * * * * • I • • n n • December 12 , 1977 Page 2 I • • - Co uncilman Smi th re -Joined the meeting at 7 :40 .m. * * * * * * City Manager 1cCown asked Director of Community De velopment Wanush t o appear before Cou nc il and make t h e staff presentation o n the Hampden Pr o f ssional Park Subdivisi on Final Pla . Director o Community Development Wanush sated the p rpo se of the public hearing wa s t o rev·ew the recommendation from the Planning and Zoning Commission . Directo r Wanush reviewed b riefly the backgro und on he plat and the reconunen ation from the Planning and Zoning Commissi o n relating to this case (#31 -76) whic h was to approve the Hampden Pr o fessional Park S bdivis i on with the following conditions : 1 . Buildi ngs in the develo pment o f Hampden Pro fessi on al Park shall not exceed tw o sto ries . 2 . All development of the Hampden Professional Park Subdivi si on shall be accomplished under a Planned Development . 3 . If the Hampden Pro fessional Park Subdivision is developed with professional o ffice buildings , the definitio n o f "Profes sional Office" shall be e nforced througho ut this development . Director Wanush entered into the record the "MEMORANDUM TO THE ENGLEW OOD CITY COUNCIL REGARDING ACTION OR RECOMMEN ATION OF THE CITY PLA.i'INING AND zor ING COMMISSION " dated March 22 , 1977 , and the staff repo rt relating to case (#31 -76). Director Wanush stated hat the Council is b e ing asked t o alter the f ormer subdivision waiver that was ranted in 1972 whi ch is done by appro ving the subdivision plat . Di rector Wanus h furthe r stated that the alterati o n would effect o nly part o f the land , i .e . Phases 8 and 9 , and the remaining l and wo ulds ill be under the subdivision waiver and all the conditions that appl y . Dire ctor Wanush summarized the development plan of the Larwin Site notin ha the pro ject was to be completed in nine phases ; but o nly Phase 1 and Phase 4 have b e en completed and Phases 8 and 9 were up for discussion at this meetin • Director Wanush pointed out that Phases 8 and 9 were planned f o r 356 units o riginally . Dire ctor Wanush stated that permits were issued f o r Phases 2 and 3 but were never used . Director Wanush pointed out also tha the original plan included height restrictions , Director anush then entered into the record Resoluti on No . 8 of 1972 hat a pproved the La rwin Plan with the restrictions ; the Larwin Site Plan itself; and restrictive covenants of 1968 , Director Wanush stated that the zoning change d from R-1-A to R-3 in 1971. • I • • ( • Dece mber 12 , 19 77 Page 3 I • • • Councilman Smith asked City Atto rney Berardini if the City shoul d get involve d in restricted covenan s, City Attorn ey ans11ered stating that t here could be some l egal problems and that restricted cove nants really have no place in the City 's affairs and should no be accepted by the City . City Attorn ey Berardini f rther stated that the zoning ordinances hemselves act as restricti o ns on land use . Di re ctor Wan ush stated that the Planning and Zoning Commission contends that the do uments a re not bindin and hat the City o w1cil has he right to alter some of the c o nditio ns o utlined therein, Director Wanush in formed the CoW1cil that the applicant is R.P,R . Br o thers wh o is J o ined by La r11in Multi -Hou sin Corporation , the actual owne r o f the property . Director Wanush further info rmed the CounciJ that the R.P .R. Brothers has the opti o n t o purchase the pro perty . Directo r Wanush briefly discussed the p r o p o sed plans o f R.P .R. Brothers o n the land use stressin that the zoning is R-3 and 11i l l remain so . CoW1cilman Williams asked Director Wanush t o define "waiver" a the word is being used at this mee ing . Director Wanush stated tha the subdivision 11ai ver was granted in 1972 a nd in effect removed certain recesses for the comple i o n of a sub- division , i .e . dedication of stre ts , parks , etc , because t h e entire ract o f land wa s going to be a single o wnership and a l l developments were going t o b e internal to their own use , Therefore , the s ubdivisio n waiver was granted with co nd it ions . Di r ecto r Wanush stated that o ther City departments we re contacted t o check the drainage , etc ., and the ch ecks 11ere approve d . Director Wan ush als o stated that o utside c o ncerns granted a pproval as well , i.e . Mo W1tai n Bell , Public Service , Highway Department and the Denve r Water Bo ard, Director Wanush s tated th e ma t ter raises several issues. Those issues a r e 1) there will be n o zoning change but a change from the old development plan ; 2) all committments o r conditions can be changed by the Planning and Zoning Commission and the City Council ; 3) moral committments are involved ; and 4) no t all he condi t ions o n the p l at are reasonable especially the requirement of a PD f o r each separate b ilding permit . Director Wan us h entered into the record the "Findings o f Fact " dated April 1 5 , 1977 from the Planning and Zon ing Commissi o n relating t o this ma tter . * * * * * COUNCILMAN SOVERN MOVED TO ACCEPT THE EXHIBITS AND DOCUMENTS PRESENTE D TO THE PLANNING AND ZONING COMMIS SIO N AS A PART OF THE RECORD, Councilman Mann • I • • December 12 , 1977 Page 4 I • • • seconded the motion . Upon a call of he roll , the vote resulted as follows: Ayes: Nays : Council Members Brown , Clay ton , Williams , o vern , Smith , Mann , Taylor . None , The Mayor declared the otion carried , * * * * * * Mayor Taylor asked the representative of the R,P ,R. Brothers to come before ouncil and speak on their behalf . William Caski ns , busines s address 2785 N. Speer Blvd ., Denver , appeared as l e gal counsel for R.P ,R. Br others . Mr . askins stated that a verbal agree- ment among the Larw in repres entati ve , the Kent Village Association a nd his client was reached some months ago , in which restricti ons and conditions were concurred upo n . Mr. Caskins stated that Mr . Cr iswell , repres e nt a tive of Ke nt Village , drew and presented a written agreement t o the Larwi n g r o up based on the me eti ng . Mr . Cas kin s stated that there has been a corporate change in t he Larwin o r ganizat·on and the representative that was here can no longer represent Larwin on this matter . ) Now, Mr . Cas kins stated, the Larwin o r ganization wi ll not sign any covenan what - soever . Mr . Caskins stated that he and h i s client then met with Mr. Calkins 'group and informed Mr . Calkins ' g roup ,that R.P .R. Bro thers were willing to place covenants on their p art since LB,I'\,/in would no t agree to signi ng any covenants o f th eir own , Mr . Caskins proposed tha his plat be approved subjec to obtaining acceptable ovena n s with the Kent Village gr oup and to the four property owners immediately south of the p r operty wh o were to be ontrolling members of the covenants wi h he Cherry Hills people in 90 days . Mr. Caskins stated tha if the convenant s could not b e obtained in 90 ays then the plat would be withdrawn . Councilman Smith asked Mr . Caskins if the only objecti on his client had was the height l irnita ion . Mr . Cas kins stated that his client did object to he height limitation an a PD on e a ch individual lot . Councilman Smi th asked City Attor'1 ey Be rardini if the Council co d legally approve an issue that is based on further private covenarts. City Attorney Be rardini stated that the Council probably could no approve a plat based on conditions of a private covenant. City Attorney Be r ardini sta ed that this policy is not good . City Attorney Berardini commented that time was given to wo rk out any problems among the people involved and final presentation should be given to Gouncil at th is meeting with no further stipulations . • I • • ....... ( • December 12 , 19 77 Pae 5 I • • - Councilman Williams asked Mr . Cas kins if he c o nsidered a PD o n th e entire a r e a . Mr . Cas kins stated tha he and his cli ent might cons ider a PD . Mr . Thomas Re gan, 4981 S . Cli nton St ., stated that the Ci ty did suggest a PD o n his fi rst approach ; b he did no t wan t o do a PD because o f he amoun o f time invol ved narrowing the flexibility in developi ng and selli ng sites in this loc atio n . * * * * * * Mr . H. Har old Calkin s , 1425 E. J effe rson , appeared befo re the Co unci l as legal counsel and interested citizen f o r property owners directly south o f the Pl at . Mr . Calkins stated that he and his g r o up were o ri ginally o ppo nents t o the development but now have been conv inced that Mr . Regan can not eco nomi cally develop t he property wi thin the height l imitat i on as prop osed by the Planning and Zo ning Commissi o n . Mr . Calkins sated that he and his g r o up have considered t he possibility o f having the development c o ntrolled by the City De velopment Ordinance but they think the o r dinance is not workab le in this situatio n because Mr . Regan is a land devel o per and separate owners will acquire the land at a later date , requiring the City t o study a PD everytime Mr . Regan wants to devel o p a l o t . Therefo re , Mr . Calkins s tated , his group would like to a rrang e to have private covenants put o n the property so the people in the neighb o rh oo d wo uld ~ enfo rce them and free the City from being a ny party to these c ove nants . Mr . Calkins outlined some o f the terms of the agreement which were 1) som e areas co uld have mo re than two sto ries but must comply to the City 's o rdinance in measurement o f heights ; 2) all buildings wo uld meet R-3 zoning requirements ; 3) a ll buildi ngs adjacent t o Hampden be s et back 40 feet from Hamp den right-of-way s o t o deflect any traffic noise; 4) assured landscaping extending 24 f e et from Hampd en; 5) offices woul d be f o r limited use acco rdi ng t o the pro fessi o nal offic e zoning o rdinances . Mr . Calkins reiterated that this is a departure fr om the original recommendat i on fro m the Planning and Zo ning Commission i n two respects : 1) his g r oup is wi lling t o change the building height to more than tw o sto ries and t o l ift the burde n of submitting a PD with each d e velopment . Councilman Wi lli ams stated that he appreciated Mr . Ca lkins ' view on the res trictions o f Phases 8 and 9 whi ch only concern him; however , he was concerned o ver what might happen east of this l and and was in f avo r of restrictions imp o sed by the City . A lengthy discussion ensued o ver the requi rement of a PD f o r each indivi dual develo pment site if an encompassing PD was no submitted prio r t o the development of whole area . Mr . Regan stated he was under the opinio n that if a subdivision p l a t was a ppro ved then all the developer would have t o do is apply for a bui l ding permit and show proof that the devel oper is co mplying with any cov enants o n that piece of ground and wi th the zoning ordinances . City Attorney Berardi ni stated that the recommendation from the P l anning and Zoning • I • • • Dec embe r 12 , 1977 Page 6 I • • • requires a PD fo r each site. City Attorney Berardini explained that a PD mus t be submitted in this pa r ticular case when under ordinary c irc umstances a PD would be an option . * * * * * * Councilman Sovern expressed con cern o ve r he need f or ground rules o n th is issue . ounc i l man Sovern stated that t he Counc il ne e ds o kn ow wha t they can do and what they can no t do , e .g . can the Ci ty approve another subdivisio n wai ver with restri ctions ; can th e land ow ners use covenants as we ll as the Ci ty ; if the City can not do anything , then wha a re the alternatives ; and lastly , can t h e Ci ty give the applicant any d irection becaus e no one can agree o n the o bjectives of thi s pro perty , * * * * * * May or Taylor asked Director Wanush t o briefly restate wh at Council needs to conside r at this meeting . Directo r Wanush appeared befor e Co uncil and explained th at the Council needs t o c o nsider if Mr . Regan shou d be allowed to divide a piece o f pro perty into 15 separate parcels. Director Wanush s tated that the area is R-3 which allows a lot o f different type of buildi ngs to be co nstructed in the a rea and because there is s ome neighborhood o ppo sition , co ndi ti on s o n the development have been raised . The Planni ng and Zo ning Co mmissi on responded to the visual ob struction by limiting the buildings t o two stories and place the requirement o f a PD on each separate piece so that people would be kept informed on each plan of deve lopmen . Di recto r Wanush advised the Co uncil that a PD on e ach piece is the wro ng way t o o because Mr . Reg an wi ll not be the developer o n th e wh ol e area and wi ll not exercise contr ol on the wh ole area . Counc i lman So vern stated that the timeframe to s olve this problem is t oo limited t o allow f or further d e l iberati o n. Co uncilman Sovern s t ated that the conditi on s an d to what degree the Coun cil can enfo rce the condi tio ns must be made kn own . If the City doe s not put c onditions on then there is nothing binding t he developer to pu the co venants on in a c oncurrent fashi o n Co unc ilman Sovern stated . Director Wanush stated that this is tr e ; howe ver, t he only th i ng binding wo uld be wha t he Co unci l dictates plus the zo nin g o rdina nce . Director Wanush advised the Co uncil t o first hear all the sides o f the is s ue and then decide wha the g r ound rul es s ho uld be . City Attorney Berardini also advised the Council t o allow the rema1n1ng sides to vo ice th e ir appro vals and obj ection s then the Co un cil should review all the ma terial an arrive at a decision . Councilman So vern also pointed o ut that in effect if Co uncil approves the subdivision , the waiver is remove d and can be rep l aced with ano ther waiver on whatever c ond itions Council decides t o impose . • ~-n I • • ( December 12 , 1 9 77 Page 7 I • • - ****** ~ay o r Tay l or declared a recess at 9 :15 p .m. The Co uncil reconvened at 9 :30 p .m, Up o n a call o f he r o ll , the followi ng were present : Co un c il Members Wi l liams , So vern , Smith , Mann , Brown , Clayton , Taylo r . Absent: No ne . The May o r declared a quorum present . ****** J ohn Criswell , bus iness address 378o South Broadway , appear e d befo re Co uncil o n behalf of the residents of Kent Village. Mr . Criswell entered into the record a l ist of the residents of Kent Village wh o were present at the meeti ng . Mr. Criswell reviewed the history and sequence of events leading to this meet ing and entered into the record a memo fr om hims elf to he Mayor and Members o f City Co uncil dated May 9 , 1977 Mr . Criswell sated that what this Council is being asked o do is the same thing the Co uncil in 1972 was asked t o do -approve something with conditions , and if the present Counc i l a pproves the plat then Mr. La rw i n is r eleased of any further compliances on t his piece of land . Mr . Criswell ente re d into the record a l etter wi th attachments from himself o Mr . Jeremy D. Van Ness of the Larwin g r o up and Mr. William Gas kins relating to the restrictive covenants that were discussed in the meeting l ast summer and to whi ha ve r bal agreement was made. Mr . Criswell then stated that Mr . Van Ness called him on September 15 , 1977 to inform him that the bank wo uld not agree with the covenants and would his people appr o ve a PD . Mr . Cr iswe ll stated that he has not heard from the Larwin group since that call . Mr . Criswell expressed concern over what was the equivalent o f Ph a s:!s 8 an d 9 o n the development p l an and if the plan was amended would it change the c oncept entirely . Mr . Criswell stated that Larwin has not followed the plan in good f a i h , o ne example is that Larwin has no t compli e d with the landscaping plan an t he City has no t do ne anything o enforce any such compliance . Mr . Criswell s g e ste d hat the City c o nfro n Larwin and force the organi zati o n to do somethi ng . Co un cilman Smith po inted o ut t o Mr , Criswe ll that any fut ure Coun cil or Pl anning an d Zo ning Co mmissi o n could change the zoning for that l and ten years f r om now a nd that no decisi o n would be permanent necessarily, Counc ilman Smith a s ked Mr . Criswell if his group wa s more concerned about the additio nal c ommercial buildings that might take place in this area or what is planned t o be built and those buildi ngs blocking t h ei r view. Mr . Criswell stated that his g r o up is fearful of back ing up onto a commercial strip , which would be a mixt ure of tra ffic , height and no ise. * * * * * * • D I • • ,... December 12 , 1977 Page 8 --------,------ • • - Senato r Gordon Allot , 34 2 7 S . Race Street , appeared befo re Counc il and stated that when he was look ing for a ho use in Eng l ew oo d , he called the City Clerk 's office wh o in turn referred him to Mr . James Sup i nger , Direc t or o f Co mmunity Development at that time , to find o ut what future devel o pmen t was planned for land west o f the property he was in erested in . Mr . Supinger d rew o ut s ome p l ats and d i scussed the situati o n . Senato r Allo t stated he wa s c oncerned about any building obstruc ting his view t o he west . Senat o r Allot recalled that Mr . Supinger t o ld him not t o wo rry abo ut any development s obstruc ting the scenic view. Senato r Allo t stated that he relie d on this information a nd, therefore , purchased his ho use in Kent Vi llage . c,e n ato r Allot also stated that he too has been o nvin c ed that Mr. Regan c o uld de velo p the property maintaining the s c enic view . City A t o rney Berardini asked the Se nator if his suggesti o n was t o deny the approval o f the p lat and hold the developer La rwin , in this case , t o t he o ri g inal submi tted p l an , Senato ry Al lot stated that approval or d isappro val sho uld be withhe d until Larwin is c o ntacted and placed in a p o sitio n to do something on the res t o f the p l at . Co un c i lman Man n asked wh at Mr . Criswell t hought of that suggesti on . Mr . Crisw ell stated he preferred th e a pproval with limitations those being the height limi tati on and the PD o ver a s trai ght approval, Up on a suggestion from Mr . Richard Brown , Mr, Criswell stated hat poss ibly Council could accept this appl icati o n from R.P ,R, Brothers and force Larwin to s ubmit p lans f o r the rema ining p o rti on o f land, Ci ty Atto rney Berardini asked Di rector Wanus h if he had received any evidence that Larwin could not develcp the l and a s they had original ly proposed . Di recto r Wanush stated that he did not know if Larwin could o r could not develop the land; ho we ver , when Mr . Po g ue met with the Planning and Zoning Co mmissi on he indicated that the Larwin g r o up had no intenti on to develo p it, Mr, Criswell stated the Mr . Pogue i ndi cate d to his g r oup that La rvin was gain to start developing this land for apartments. Mr. Caskins added that he was also a t the meeting with Mr . Po gue an d Mr . Criswell and Mr . Pogue threatened t o dev elop the l and exactly as o ri g inally planned if things did n ot get started soo n . City Attorney Berardiri s t ated that the fa ct was clear that Larwin may sell the pro per y but wh oever buys the property is subject t o the ori g inal p l an unless the plan is change d . • !) I • • ( December 12 , 197 7 Page 9 I • • - Co uncilman Smith stated that Larwin has not complied ~~th the land- scaping factor on Phases 1 and 4 thus opening up an o pportunity for the City to take issue on the rest of the matter . Councilman Brown stated hat Mr, Criswell 's presentation was accurate and th e Planning and Zoning Commission did what was best at the time, Co uncilman Br own agreed that Larwin should be contacted and forced to do wha t is bes t f o r this area now , Councilman Sovern recalled that Larwin would have to build Phases 2 and 3 which included the Recreation Zone after a certain development took p lace and asked Director Wanush if he remembered any such r estriction , Director Wanush did not recall that specific restriction but did remember that Phases 1 and 4 would have to be built first because they were residential and that supportive Phases would follow, Councilman Sovern stated that he distinctly recall ed this restricti on and hought that such a restriction would have a propriety bearing on Co unc il 's action . * * * * * * COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARI G ON THE HAMPDEN PROFESSIONAL PARK SUBDIVISION . Coun ci l man Mann seconded the motion. Upon a call of the roll , the vote resulted as follows : Ayes: Nays: Council Members Brown , Clayton , Williams , So vern, Smith , Mann , Taylor . None. The Mayor declared he motion carried, ****** COUNCILMAN SMITH MOVED THE COUNCIL ADJOURN TO EXECUTI VE SESSION . Mo ti on died for lack of a second, * * * * * * COUNCILMAN SMITH MOVED THAT THE HAMPDEN PROFESSION AL PLAT SUB- DIVISION BE PRE SENTED AT THE STUDY SESSION ON DECEMBER 19, 1977. CQun cilman Sovern seconded the motion . Upon a call of the roll, the vote resu lted as f ollows: Ayes: Co uncil Members Brown , Clayton , Wil li ams , Sovern , Smith , Mann , Taylor . ays: None . The Mayor declared the motion carried . * * * * * * " -=--,-....=""======= ............. --===--===----~ • • I • • • -----------~, • • • December 12 , 1977 Page 10 COUNCILMAN SMITH MOVED THAT THE MATTER OF THE HAMPDEN PROFESSIONAL PARK SUBDIVISION BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCIL MEEI'IHG ON DE EMBER 19 , 1977 . Co uncilman So vern seconded the motion . City Manage r Mcco wn stated that he re wer e tw o other important items that Council wanted to discuss at the study session -the Civil efense iss e and deciding whac streets will be included in t he Paving District nex year . City Manager Mcco wn asked the Counc il if study session should be moved up one h o ur . 4 :00 p .m. General consensus of t he Council was o mo ve the study session up to Mayor Taylor asked that the letter from Consensus be placed on the st udy session agenda , also . Upon a call of the roll , the vote resul ed as follows : Aye s : Nays : Council Members Brown , Clayton , Williams , Sove r n , mith , Mann , Taylor . None. The Mayor declared the motion carried . ****** COUNC ILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL CITY COUNCIL . Councilman So vern seco nded the mo ti on. Up on a call of t he r o ll , the vote resulted as f ollows : Ayes : Nays : Co uncil Members Brown , Clayton , Williams , So vern , Smi th , Ma nn , Taylo r . No ne . The Mayor dec lared the mo ti on c arried and the mee ting adjourned at 10 :55 p .m. ~uty City Clerk I • • • SPECIAL MEETING : • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO December 12 , 1977 1e The City Council of the City o f Englewood , Arapah oe County , Colorado , met in special session on December 12 , 1977 , at 7:30 p ,m, May or Taylo r , presiding , called the meeting t o o rder . The invocation was given by Councilman Brown , The Pledge o f Allegiance was led by Mayo r Taylor, May or Tay lor a s ked for roll call , Upo n a call of the roll , the following were present: Council Members Williams, So vern , Smi t h , Mann , Brown , Clayton , Taylo r . Absent: None , The May or declared a quorum present . Als o present were : Ci t y Manage r Mccown Assistant City Man ager Cu r nes City Attor ney Bera rdini Di recto r of Co mmunity De velopment Wanush Deputy City Clerk Watkins * * * * * * Councilman Smith left the meeting at 7:3 5p .m. COUNCILMAN WI LLIAMS MOVED TO OPEN THE PUBLI C HEARING ON HAMPDEN PROFESSIONAL PARK SUBDIVISION . Councilman Sovern seconded the mo tion, Upon a call of th e roll , the vote resulted as follows : Ayes : Nays : Absent : Co uncil Members Brown , Clayton , Williams , Sovern , Mann , Taylor . None . Coun cil Member Smith , The May or declared t h e motion c arri ed , * * * * * • • I • • - December 12 , 1977 Page 2 .. I • • - Councilman Smith re -joined the meeting at 7 :40 p .m. * * * * * * Ci ty Manage r Mcco wn asked Dire ctor of Comm unity Dev elo~ment Wanush t o appear before Co uncil and make the staff presentati o n on the Hampden Pr o fes s i o nal Park Sub d i vision Final Plat . Director o f Community De ve lopment Wanush stated the purpose of the public hearing was t o review the r ecommen dation f r om the Pl a nning and Zoning Comm iss ion . Directo r Wanush review ed b riefly he backgro und o n the plat and the recommendation from the Planning and Zon ing Commissi on relating t o this c a se (#31 -76) wnich was to a pprove the Hampden Professional Park S bdivision with the f oll owing c o nditions : 1 . B ildings in the develo pment o f Hampden Professi o nal Park shall no t exceed tw o stori es . 2 . All development of the Hampden Pr ofess ional Park Subdivision s hall be accomplished under a Planne d De ve lopment . 3 . If ~he Hampden Pro fes s i o nal Park Subdivision is develo ped wit! profess i o nal o ffice buildings , the definiti o n o f "Profes sional Office " shall be enforced thro ugh o ut this d evelopment . Direc o r Wan ush entered into the record the "MEMORANDUM TO THE ENGLEW OOD CITY COUJ/CIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONI /G CO MMISS ION " dated March 22 , 1977 , and the staff repo rt relating t o case ( #31 -76). Director Wanus h stated that the Council i s being asked t o alter the former subdi v ision waiver that was g ranted in 1972 which is don e by appro ving t he subdivisi o n plat . Director Wanush further stated that the alterati o n would effec o nly part o f the land , i .e . Phases 8 and 9 , and the remai ning land would still be under the subdi visi o n waiver and all the co nditi o ns that app ly . Di r ector Wanush summarized the de velopment plan of the Larwin Site notin hat the pr )Jec was to be completed i n ni ne phases; but only Phase 1 and Phase have been compl eted and Phases 8 and 9 were up f o r discuss i on at this meeting . Direc o r Wanush poi nted out that Phases 8 and 9 were p l anned for 356 units o riginally . Director Wanush stated that permits were iss ue fo r Phases 2 and 3 bu were never use . Directo r Wanush po inted o ut als o that the o riginal plan inclu ed height restrictions . Director Wanus h then entered into the record Resolution No . 8 o f 1 72 hat a pprove he La rwin Plan with the restricti o ns; the Larwin Site Plan itself ; and restrictive covenants o f 1968 . Director Wanush stated that the zoning change u fro m R-1-A t o R-3 in 1971 . • I • • In - • December 12 , ~?77 Page 3 I • • • Councilman Sm i th as ked City Attorney Berardini if the City should get involved in res tricted covenants . City Attorney answered stating t hat there could be some legal problems and that restri cted covenants really have no place in the City 's affairs and sho uld not be accepted by the City . City Attorney Berardini further stated that the zoning o r di nances themselves act as restricti o ns on land use . Di recto r Wanush stated hat the Planning and Zoning Commission contends tha the documents a re not bindin and that the Ci ty Co unci l has the right t o alter some o f the c o nditions o ut li ned therein . Di re ctor Wanush info rme d the Council that the applicant is R.P.R . Bro thers wh o is j o ined by Larwin Mul i -Ho using Corpo ratio n , t he ac ual owner o f the property . Director Wanush further in.fo rmed the Council that the R. P .R. Brothers has the opti o n t o purchas e the property . Directo r Wanush briefly discussed the pro pos ed p l ans of R.P .R. Brothers on the land use stressing that the zoning is R-3 a nd wi ll remai n so . Co uncilman Wi lliams asked Director Wanush t o define "w aiver" a s the word is being used at this mee ing . Director Wanush stated that the subdivision waive r was granted in 1972 a nd i n effect removed c ertain processes fo r the completion o f a sub - divisi o n , i .e . dedic ati o n o f streets , parks , etc . because the entire tract o f land was goi ng to be a singl e o wnership and all developments were going t o b e internal t o their own use . Therefore , the subdivisio n waiver was grante d wi th condit i ons . Di recto r Wanush stated that other City departments were contacted to check he draina e , etc ., and the checks were approved . Director Wanush also sta ted hat o utside concerns g ranted approval as wel l , i.e . Mountain Bell , Public Se rvice , Highway Department and the Denver Water Bo ard . Di recto r Wan sh stated the matter raises several issues. Those issues are 1) there w·11 be no zoning change but a change f r o m the old development lan; 2) all cor.mi ments or condi ti o ns can be changed by the Planning and Zoning Comm·ssion an he i y Coun cil; 3) moral committments are invol ved ; and 4) not all the con i :ons ,n he plat are reasonab l e especially the requirement o f a PD f o r ea~h separa e b ilding permit . Di rec or Wan sh entered in t o the record the "Findings of Fact" dated April 15 , 1977 from the Pl anning and Zoning Commission relating t o this matter . * * * * * 0 , ILMAN SO VERN MOVED TO ACCEPT THE EXHIB ITS AND DOCUMENTS PRESENTED TO THE PLANNING A D ZONI NG COMMISSI ON AS A PART OF THE RECORD. Councilman Mann • I • • - ( • December 2 , 1977 Page 4 I • • • seconded the mo tion . Up o n a call o f he roll , the vote resulte as f o l ows : A.yes: Nays : Council Members Brown , Clayton , Williams , So vern , Smith , Mann , Taylor . None . The May or declared the motion carried . * * * * * * Mayor Taylo r asked the representative of the R.P .R. Brothers to come before Council and speak o n their behalf , William Caskins , busines s address 2785 N. Speer Blvd., Denve r , appeared as legal counsel fo r R.P .R. Bro hers . Mr . askins stated that a verbal agree- men t among the Larwi . represen ati ve , he Kent Vill a ge Association and his client was reached some mon hs ago , in which restric ions and conditions were concurred upo n . Mr. Caskins stated that 4r . riswell , representative o f Kent Village , drew and presented a written agreement t o the Larwin group based on the meeting. Mr . Ca skins stated that there has been a cor porate change in the Larwin o rgan izatio n and the representative tha was here can no longer represent Larwin on this matter . No w, Mr . Caskins stated , he La rwi n o r gani zation wi ll not sign any covenan what- s o ever . Mr . Caskins stated that he and his client then met with Mr. Calkins 'group an d informed Mr . Calkins ' group that R.P .R. Brothers were willing to place covenants o n their part since Larwin would not agree to signin any covenants o f their own . Mr . Caskins proposed tha this plat be approved s bjec o obtaining acceptable covenants with the Kent Village group and t o he f o ur pro perty owners immediately south of the property wh o were to be controll ing members o f the covenants with the Cherry Hills people in 90 days , Mr, Caskins stated that if the convenant s could not be obtained in 90 days then he pla wo uld be withdrawn . Councilman Smith asked Mr . Caskins if the o nly objecti o n his client had was the height limitation . Mr . Caskins stated that his client did object t o the height limi atio n and a PD on each individual l ot . Councilman Smith asked City Attor~ey Berardini if the Coun c i could legally approve an issue that is based on further private c o ven~nts . City Attorney Berardini sta ed hat the Council probably c o uld no t approve a plat based on conditions of a pr ivate cov e nant . City Attorney Berardini stated that +,his p ol icy is n o t good . City Atto r ney Berardini commen ed hat time was given t o wo rk o t any problems among the people involved and 'inal presentatio n should be given to Council at this meeting with no f rther stipulations . • I • • Dece mber 12 , 19 77 Pae 5 I • • - Cou ncilman Wil l i ams as ked Mr , Cas kins if he c o ns idered a PD on the e ntire a rea . Mr . Caskins stated that he and his client might co nsider a PD . Mr . Thom as Re gan , 4981 S . Cl inton St., stated that the City did suggest a PD o n his f irst appro ach ; but he d id no t ,1a nt t o do a PD because o f the amount o f time invol ved narro,1i ng the flexibility in developing and selling sites in this location . ****** Mr . H. Har old Calkins , 1425 E, Jefferson , appeared before the Co uncil as legal counsel a nd interested citizen f o r pro perty o,1ners directly s o uth o f t he Plat, Mr . Calkins stated that he and his g r o up ,1ere o r iginally o ppo nents to th e development but no,1 have been c o nvinced that Mr . Regan c an not economi cally develop the property ,1ithin the height limitati o n as prop osed by the Planning and Zoning Comm is sio n . Mr . Calkins stated that he and his gro up have considered t he pos sibility o f having the development c o ntrolled by the City De velo pment Ord inance but they think the o rdinance is not workab le in this situatio n because Ir . Regan is a l and devel o per and separate o,1ners ,1i ll acquire the l and at a l ater date , requiring the City t o study a PD everytime Mr . Regan ,1 ants to develop a lot . Therefore , Mr . Calkins stated , his group wou ld l ike t o a rrange to have private covenants put on the property so the people in the neighb o rh oo d would enfor c e them and free the City from being any party to these c o venants . Mr . Calkiney outlined some o f the t erms o f t he agreement wh ich ,1ere 1) som e areas could have mo re than two stories but must comply to the City 's o rdinance in measurement of hei ghts ; 2) all buildings wo uld mee t R-3 zoning r equirements ; 3 ) all buildings adjacent to Hampden be set back 40 feet from Hampden right-of-,1ay s o to deflect any traffic noise ; 4) ass ured l andscaping ex tending 24 feet from Hampden; 5) offices wo uld be f o r limited use acco rding to the professi onal office zo ning o r d inances . Mr . Calkins reiterated that this is a departure f r om the o riginal recommendatio n from the Planning and Zoning Commissio n in t,10 respects : 1) his g r ou p is wi lling t o change the bui lding height to more than t,1 0 sto ries and t o l ift the burden of subm itting a PD with each development. Councilman Wi lli ams stated that he appreciated Mr . Calkins ' vie,1 on th e res tri c tio ns of Phases 8 and 9 whi ch o nly co ncern him; however , he ,1as concerned o ver what mi ght happen east o f this l and and was in favo r of res tricti on s imp o sed by the City . A lengthy disc us sion ensued over the requirement o f a PD for each individua l develo pment site if an encompassing PD ,1 as not submitte d prio r to the development of wh ole area . Mr . Reg an stated he wa s under the opinio n that if a subdivision plat wa s a ppro ved then all the developer ,1 ould have to do is apply for a building permit and show proo f that the developer is complying with any covenants o n that piece of gro und and with the zo ning o rdinances . City Attorney Berardi ni stated that the recommendation from the Planning and Zoning • I • • - Decembe r 12 , 1977 Page 6 I • • • requir es a PD for each site. City Attorney Berardini explained that a PD must be submit t ed in this particular case when under ordinary circumstances a PD would be an option . ****** Councilman Sovern expres sed con cern o ve r the need f o r ground rules o n this issue . Co uncilman Sove rn stated ha the Co unci l needs t o know what they can do and what they can not do , e .g . can the City approve another subdivisio n wa i ver with restri ctions ; can the l and owners use c o venants as well as the City ; if the City can not do anything , then what are the alternatives ; and lastly , can the City give the applicant any direction because no one can agree o n the o bjectives of thi s pro perty . * * * * * * Mayor Taylor asked Dire ctor Wanush t o briefly restate what Co uncil needs t o consider at this meeting . Director Wanush appeared befor e Council and explained that the Council needs to c o nsider if Mr . Re g an shoul be allowed t o divide a piece of property into 15 separate parcels. Director Wanush stated that the area is R-3 which allows a lot o f different type of buildings to be co nstructed in the area and because here is s ome neighb o rh ood o pposition , c o nditions o n the evelopment have been raised . The Planning and Zo ning Corrunission respo nded to the visual obstruction by limiting the buil dings to t wo s ories an d place the requi rement of a PD on each separate p iece so that people wold be kept informed on each plan o f development . Direc tor Wanush advised the Co uncil that a PD on each piece is the wrong way t o go because Mr . Regan will not be the developer o n the wh ole area and will not exercise control on the whole area . o unc ilman So vern stated that the timeframe to solve this problem is t oo l imited to allow for further deliberation. Coun cilman Sovern stated that the cond itions and to what degree the Co uncil can enfo r ce the conditio ns must be made kn own . If the City does not put c onditi ons on then there is nothing binding the developer t o put the co venants on in a c o ncurrent fash i o n Councilman Sovern stated . Director Wanush stated that this is true; however , the only thing binding wo uld be what the Council dictates plus the zo ning o rdinance. Director Wanush advised the Co uncil to first hear all the si des of the is s ue and then decide what the g round rul es sho uld be . City Att o rney Berardini also advised the Cou n cil to allow he remaining sides to voice their appro vals and obj ecti o ns then the Council sho uld review all the mat erial and arrive at a decision . Councilman So vern a lso pointed o ut that in e ff ect if Council approves the s ubdivis i o n , the waiver is removed and can be rep l a ced with ano ther waiver on whatever conditi on s Coun cil decides to impose . •· • I • • ( December 12 , lQ77 Page 7 I • • • ****** Mayor Tay lor declared a recess at 9 :15 p .m. The Co uncil reconvened at 9 :30 p .m. Up on a cal o f he r oll , he f ollowing were present : Co uncil Members Williams , Sove rn , Smith , Mann , Br own , Clayton , Taylo r . Absent: No ne. The Mayor declared a quo rum present . * * * * * * John Criswell , bus i ness address 3780 So uth Br oadway , appeared befo re Council on behalf of the residents of Kent Village. Mr , Criswell entered into the record a l is t o f the residents of Kent Village wh o were present at the mee i ng . Mr, Cri sw ell reviewed the history and sequence of events leading to this meeting and entered into the record a memo fr om himself to the Mayor and Members o f City Co uncil da ed May 9 , 1977 Mr . Criswe ll stated that what his Council is being as ke d to do is the same thing the Council in 1972 was asked to do -appro ve someth i ng with conditi ons , and if the present Cou nc il app r ov es the plat then Mr . La rwin is r e leased of any fu r ther comp liances on this piece of land . Mr . Criswe ll entered into the rec o rd a l ette r wi th attachments f r om himself to Mr , Jeremy D. Van Ness o f the La rwin g roup and Mr , William Gas kins relating to he restrictive c o venants that were discussed in the meeting last summer and to which a verbal agreement was made, Mr, Criswell then s tated that 1r . Van Ness called him on September 15 , 1977 to i nfo rm him that the bank would no t agree with the covenan~s and would hi s people approve a PD . Mr . Criswell stated that he has not heard from the Larwi n group since that call . Mr . Criswell expressed concern over what was the equival ent of Ph a !Es 8 an d 9 o n the de velo pment plan and if the plan was amended would it change the conce pt entirely . Mr . Criswell stated ha Larwin has not f o llowed the plan in good fai h , one example is that Larwin has no t complied with the landscaping plan and the City has not d o ne anything o enforce any such compliance, Mr . Criswell suggested that the Ci y c o nfro n Larwin and force the o r ganiza ion to do somethi ng . Councilman Smith p o inted o ut t o Mr , Criswe ll that any future Council or Planning and Zon ing omrnission co uld change the zoning for ha land ten years from now a nd that no decision would be permanent necessar ily. Counc ilman Smith as ked Mr . Criswell if his gro p was more concern ed about the a dditional commercial buildings tha mi ght take place in this area o r what is planned to be built and th os e buildings blocking thei r view, Mr . Criswel l stated that his g r o up is fearful of backing up o nto a commercial strip , which would be a mix ture of t raffic , hei ght and no ise . 111111111111 • I • • I • • • December ~2 , 1977 Page 8 Senator Go rdon Allot , 3427 S . Race Street , appeared before Council and stated that when he was looking for a ho use in Englewood , he called the Ci y Clerk 's office wh o in turn referred him to Mr . James Sup inger , Direc t or of Communi t:>' Development at that time , to fi nd o ut 1.'hat future development was planned for l and 1.'est of the property he 1.'a s interested in . Mr . Supinger drew out some plats and discussed the situation . Senator Allot stated he 1.'as concerned about any building ob tructing his view t o the \lest , Senator A l ot recalle that Mr . Supinger t o ld him not to wo rry abo t any deve lopments o bstructing the scenic view . Senator Allo stated that he rel i ed on this informatio n and , therefore , purchased his house in Kent Village . Senator Allot also stated that he oo has been o nvinced that Mr . Regan co uld develop the property ma int a ining the scenic vie1.'. City Atto rney Berardini asked the Se nator if his suggesti on was to deny the approval of the p lat and hold the developer La rwi n , in this case , t o the original submitted plan . Senatory Allot stated that appro val o r disapproval should be vithheld until Larwin i s contacted and placed in a po sition to do something on the rest of the p l a t , Counc ilman Mann asked 1.'hat Mr . Criswell thought of that suggestion . Mr . Criswell stated he preferred t he approval with l imitations th ose being the height limitati o n and the PD over a straight approval, Upon a suggestion from Mr . Richard Brown , Mr, Cris1.'ell stated that possibly Co uncil could accept this application fro m R.P ,R, Brothers and f o rce La rw in to submit p lans f o r the remaining po rti on of land, City Attorney Berardini asked Directo r Wanush if he had received any evidence that Larwin cou ld not develop the land as they had originally proposed . Directo r Wanush stated that he did not know if Larwin could o r could no t develop the Jand; however , when Mr . Pogue met vith the Planni ng and Zoning Comm ission he indicated that the Larwin group had n o i n en ion to develo p it. Mr, Criswell stated the Mr . Pogue indica e d o his g r o up that Larwin was going to start developing this land f or apartments . Mr, Gas kins added that he wa s also a Mr . Criswell and Mr . Pogue threatened to develo planned if things did not get started soon . the meet ing vith Pogue and he l and exactl y as ori£inally City Attorney Berardini stated hat the fac \las clear at La rwin may sell the property but wh oever buys the property is subject t o the o rigi nal plan unless the plan is changed , • I • • • December 12 , 1977 Page 9 I • • - Councilman Smi h sta ed that Larwin has not complied wi h the land- scaping factor on Phases land h thus opening up a n opportunity f o r the City to take issue on the rest of the mat er , Co uncilman Br own stated that Mr. Cr iswell 's presentati o n was accurate and the Planni ng and Zoning Co mmission di d what was best at the time . o uncilrnan Brown agreed that Larwin should be con tacte d a nd fo rc ed t o do what is best f o r this area now , Co uncjlrnan Sovern recalled that Larwi n would have to build Phases 2 and 3 which include the Rec reation Zo ne after a certain de velopment took p lace and asked Di re c t o r Wanush if he rememb ered any such r estriction , Director Wanush did not rec all t h at s p ecific r estr iction but did remember hat Phases 1 and h would have to be bui lt fi r st because they we r e residen ial and hat supportive Phases would follow. Co uncilman So vern stated that he dis t inctly recalled this restriction and though that such a restriction wo uld have a prop r iety bearing on Co uncil 's action . * * * * * * COUN CILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARI G ON THE HAMPDEN PR OFESSIONAL PARK SUBDIVISION . Coun c ilman Man n s e cond ed t he motion. Upon a cal l o f he roll , the vote r e sult e d as foll ows : Ayes: Nays : Council Member s Brown , Cl ayto n , Williams , Sovern , Smi t h , Mann , Tay lor . No ne. The Mayor declared the mot i on c arried . * * * * * * COUNCILMAN SMITH MOVED THE COUNCIL ADJOURN TO EXECUTIVE SESSION . Mo t ion died f o r lack of a second. * * * * * * COUNCILMAN SMITH MOV ED THAT THE HAMPDEN PROFESSIONAL PLAT SUB- DIVISION HE PRESENTED AT THE STUDY SESSION ON DECEMB ER 19 , 1977 . Cou ncil ma n Sovern seconded th e mo tion. Upon a ca ll o f th e roll , the vo te resulted as f ollows: Ayes: Nays : Co unc il Members Br ow n , Clayton , Williams , Sovern , Smi th, Man n , Taylor . None . The Mayor de c lared the motio n carried. * * * * * * • I • • • I • • • December 12 , 19 77 Page 10 COUNCILMAN SMITH MOVED THAT THE MATTER OF THE HAMPDEN PROFESSIONAL PARK SUBDIVISION BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCIL MEETIN G ON DE CEMBER 19 , 1 977 . Councilman Sovern seconded the motion . City Manager Mcco wn stated hat here were wo o ther imper ant items tha o uncil wanted to discuss at the study sessi on -the Civil Defense iss e and deciding what streets will be included in the aving District next y ar . City Manager Mc own asked he Council if study session should be moved up o ne hnur . li :OO p .m. General consensus o f the Council was o mo ve the study session p o Mayor Taylor asked that the letter from Consensus be placed on he study sessio n agenda, also . Upon a call o f the r oll , ·he vote resulted as foll ows : Ayes: Nays : Cou ncil Members Brown , Clayton , Williams , Sovern , rnith , Mann , Taylor . No ne, The Mayor declared the mo tion carri ed . * * * * * * COUNCILMAJ'f WILLIAMS MOVED TO ADJOURN THE SPE CIAL CITY COUNCIL . Councilman So ve rn seconded he motion, Upon a call of the roll , the vo e resulted as follows : 10 : 55 p .m. Ayes : Na ys: Cou ncil Members Brown , Clayton , Willi ams , Sovern , Smi th , Mann , Taylo r . None . The Mayor declared the motion carried and the meeting adjourned at ~uty City Clerk • I • • n n • SPECIAL MEETING : I • • - COUNCIL CHAMBER S CITY OF ENGLEWOOD , COLORA1Xl December 12 , 1977 1e The City Council of the City o f Englewood , Arapahoe County , Colorado, met in special sessio n on December 12 , 1977 , at 7 :30 p .m, May or Taylor , pres i ding , called the meeti ng to order . The invocation was given by Councilman Brown , The Pl edge o f Allegiance was led by Mayo r Taylor . Mayor Taylo r asked for r oll call . Up on a call of the roll , the following were present : Council Members Wi lliams , Sove rn , Smith , Mann , Brown , Clayton , Taylo r . Absent: None . The Mayor declared a quorum present . Also present were : Ci ty Manager Mccown As sistant City Manager Curnes City Attorney Berardini Director of Conununity Development Wanush Deputy City Clerk Watkins * * * * * * Counc ilman Smith left the meeting at 7:35 p .m. COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING ON HAMPDEN PROFESSIONAL PARK SUBDIVISI ON . Co uncilman Sovern seconded the motion. Up on a c all o f the roll , the v ote resulted as follows : Ayes: Nays: Absent : Co unci l Members Brown , Clayton , Williams , Sovern , Mann , Taylor . No ne . Council Member Smith . · The May or declared the motion c arri e d , * * * * * * • I • • In r, December 12 , 1977 Page 2 I • • - Councilman Smith re -joined the meeting at 7 :40 p .m. * * * * * * City Manage r McCo;m asked Director of Community Development Wanus to appear before Co ncil and make the staff presentation on the Hampden Professional Park Subd ivision Final Plat . Dire tor of Community Development Wanush stated the p rpose of the public hearing was to review the re commendation from the Panning and n·ng Commission . Director Wanush reviewed briefly the background o n the pla and the recommendation from the Planni ng and Zoning Commission rela ing to this case (#31-76) wnich was to approve the Hampden Professional Park Subdiv"sion with he following conditions: 1 . Buildings in the development o f Hampden Professional Park shall not exceed two stories . 2 . All developme nt of the Hampden Pr ofessional Park Subdivision shall be accomplished under a Planned Development . If he Hampden Professional Park Subdivision is developed wi h professional office buildi ngs , ·the definiti on o f "Profes sional Office" shall be e nforced hroughout this developme nt . Di rec o r Wanush entered into the record the "MEMORANDUM TO THE ENGLEWOOD CITY COUN IL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONI 1G COMMISSION " dated March 22 , 1977 , and the staff repo rt relating to case (#31 -76). Director Wanush stated that the Council is being asked t o alter the former subdivision waiver that was granted in 1972 which is done by approving the' subdivision plat . Directo r Wanush further stated that the alteration would effect only part of the land , i .e . Phases 8 and 9 , and the remaining l ahd would still be under the subdivision waiver and all the conditions that apply . Directo r Wanush summarized the development plan of the Larwin Site noting tha the troject was to be completed in ni ne phases; but only Phase 1 and Phase 4 have been comple ed and Phases 8 and 9 were up for discussion at this meeting . Direc or Wanush pointed out that Phases 8 and 9 were planned for 356 units originally . Director Wanus h stated that permits were issued for Phases 2 and 3 but were never used . Director Wanush pointed out also that the original plan included height restrictions . Director Wanus h then entered into the record Resolution No . 8 of 1972 that appr oved the Larwin Plan with the restrictions ; the Larwin Site Plan itself ; and restrictive covenants of 1968. Director Wanush stated that the zoning change d from R-1-A to R-3 in 1971, • I • • ( ( • December 12 , ~?77 Pai:;e 3 I • • - Councilman Smith asked City Attorney Berardini if the City should get involved in restricted covenants . City Attorney answered stating that t here could be s ome legal problems and tha restricte d cove nants really have no place in the City 's affairs and should not be accepted by the City . City A torney Berardini further stated that the zo ning o rdinan ces themselves act as restric i o ns o n land use . Director Wanush stated that the Pl anning and Zo ning Commission contends that the documents a re not bindin and ha the City Council has the right t o alter some o f the c o ndi ions out li ned herein. Directo r Wanush informed the Coun ci l tha the applicant is R.P.R , Brothers wh o is Joined by Larwin M 1 i -Ho sing o rpo ra ion , the ac ual owner o f the property , Direc tor Wanush further info rmed the Council hat the R.P .R. Brothers has the o ption t o purchase the property . Director Wanush briefly discussed the proposed plans o f R.P .R. Brothers o n he land use stressing that the zoning is R-3 and wi ll remain s o . Councilman Williams asked Di rector Wanush t o defi ne "waiver" as the word is being used at this mee ing . Director Wanush stated that the subdivisi on waiver was granted in D 1972 a nd in effect removed certain processes for the completion o f a sub- division , i .e . dedication of streets , parks , etc. because the entire tract o f land was going to be a single ownership and all developments were going to be internal to their own use. Th erefore, the subdivision wai ver was granted with conditions. Director Wanush stated that other City departments were co ntacted t o check the drainage , etc ., and th e checks were approved . Directo r Wanush also stated that outside concerns granted a ppro val as well , i.e . Mo untain Bell , Public Service, Highway Department and the De nver Water Board. Directo r Wanush stated the matter r aises s e veral iss ues . Those is sues are 1) there will be no zoning change but a change from the old development plan ; 2) all c omrnittments o r conditions can be changed by the Planning and Zo ning Commission and the City Council ; 3) moral comrnittments are invol ved ; and 4) no t all he co nditi ons o n the p l at are reaso nable especiall y the requirement of a PD for e ach separate building permit . Di rector Wanush entered into the record the "Findings of Fact " dated April 15 , 1977 from the Planning and Zoning Commission relating t o this ma tte r . * * *' * * COUNCILMAN SOVERN MOVED TO ACCEPT THE EXHIBITS AND DOCUMENTS PRESENTED TO THE PLAN NING AND ZONING COMMISSION AS A PART OF THE RECORD. Councilman Mann • I • • - I r • Decemb e r :2 , 197 Page 4 I • • - seconded the mo tio n . Up o n a call o f the r oll , the vo te res ult ed as f ollows : Ayes: Co uncil Members Brown , Clayto n , Wi lliams , So vern , Smith , Mann , Taylo r . Nays : No ne . The May o r d eclar ed the mo tio n carried . * * * * * * May or Tay lor asked the representative o f the R.P .R. Br others o c ome befo re Co uncil and speak o n their behalf . Wi lli am Gas kins , busines s address 27 8 5 N. Speer Blvd ., Denv er , a p pear ed a s leg a l c o un s e l f o r R.P .R. Brothers . Mr . Gaskins s t ated ha a v e r bal agree- ment am o ng the La rwin representative , the Kent Village Ass oc iation and his c~·ent was r e a c hed s ome mc nt hs ago , in which restrictions and co ndi i ons were con c urred upon . Mr , Gaskins stated that Mr . Cri sw ell , representative o f Kent Village, drew and presented a written agreement t o the Larwin group based on the meetin g . Mr . Gaskins stated that ther e has been a corporate change in the Larwin o r g ani z a t·on and the representative that was here can no longer repres ent Larwin o n this ma t e r . Now , Mr . Ga s kins stated , the La rwin o r gani zati on will no t sign any covenan what- soever . Mr . Gas kins stated that he and his cli ent then met with Mr. Calkins 'g r oup and info rmed Mr . Calkins ' group that R. P .R. Broth ers were wi lling t o place covenants o n their part since Larwin would not a ree to signing any covenants o f their own . Mr . Gaskins proposed that th i s plat be approved subject t o obtaini n acceptable covenants with the Kent Village gr oup and t o the fo ur p r operty owners imm e diately south of the property who were to be c ontrolling members of the covenants with the Che rry Hi lls people i n 90 days , Mr. Gask ins stated th at if the con venant s c o uld not b e obtained in 90 days then the plat would be wi thdrawn . Co uncilman Sm ith asked Mr . Gaskins if the o nly ob jecti o n his cl ient had wa s the height l imitati o n . Mr . Gaskins stated that h is client did object t o the height limitatio n an d a PD o n each individual l ot . Co un c i l man Smith as k ed City At torney Be rardini if the Co un ci l coul d legal ly approve an i ssue that is based o n fur t her pri vate c o venants . City Attorney Be rardini stated that the Council probably c o uld no t appro ve a plat based o n conditions of a priva t e covenant, City Atto rney Berardini stated that this pol icy is n o t good . City Atto rney Berardi ni c onune nted that time wa s g iven t o wo rk o ut any pro blems among the pe ople involved and final prese nta tio n sho uld b e given t o Co uncil at this meeting with no further stipulations . • I • • ( December 12 , 1977 Page 5 I • • - Cou ncilman Wi lliams as k d Mr . Caskins if he co nsidered a PD on the enti r e area . Mr . Cas ki ns stated that h e and his cli ent might co nsider a PD . Mr . Th omas Re g an , 4981 S . Clinto n St ., stated that the City did suggest a PD o n his fi rst appro ach ; bu he did no t want t o do a PD becaus e o f the a mount o f time involved nar r owing the flexibility in develo ping an d selli ng sites in this loc atio n . * * * * * * Mr , H. Haro ld Calkins , 14 2 5 E , J efferson , appeared befo re the Co unci l as lega l counsel and inte res ted citizen f o r proper ty own ers directly s o uth o f the Plat . Mr . Calkins stated that he and his gro up were o ri ginally o ppo nents to the development but now hav e been c o nvinced that Mr. Regan c an no t eco nomi cally develo p the prop erty within the height limitatio n as proposed by the Planning and Zoning Commissi o n . Mr . Calkins stated that he a nd his g r o up h ave c o nsidered the poss ibility of having the developme nt controlled by the Ci y De velopme nt Ordinance but they think t he o r dinance is not wo rkable i n this situatio n because Mr . Regan i s a land develo per and separate owners wi ll acquire the l and at a later da e , requi ring the City o study a PD everytime Mr . Regan wants to develop a l o t . Therefo re , Mr . Ca l ki ns stated, his g r oup would l ike to a rrange t o have private c o venants put on the p r o perty so the peop le in the neighb o rh oo d wou ld enforce them and f r ee the City from being any party t o these c ovenants . Mr . Calki ns outlined some o f the terms of the agreement whi ch were 1) s ome a reas c ould h ave mo re than t wo stories but must comply t o the City 's o rdinance in me asurement of hei ghts ; 2) all buildings wo uld meet R-3 zoning requirements ; 3) all buildi ngs adjacent to Hampden be set back 40 feet fr om Hamp de n right-of-wa y so t o d eflect any traffic no ise ; 4) assured lands caping exte nding 24 fee t fr om Hampden ; 5) offices wo uld be f o r l imited use a c c o rding t o the professional office zo ning o rdinances . Mr . Calkins reiterated th a t this is a departure f r om the o riginal recommendation from the Planning an d Zoni ng Co mmissio n in two respects : 1) hi s g r oup is wi lli ng t o change the bui ldi ng height t o more than t wo stor i es and o l ift t he bur den of subm itting a PD with eac h d evelo pment. Councilman Wi l liams stated th at he appreciated Mr . Calki ns ' view o n the res tri .tions o f Phases 8 and 9 wh ich o nly c o nc e rn him; however, he was co ncerned over what might happen east of this l an d and was in f avor of res tricti ons imp o sed by the Ci t y . A lengthy discussion ensued over the requirement o f a PD f o r each individua l development site if an encompassi ng PD was no t submitted prio r t o the development o f wh ole area . Mr . Regan stated he wa s under t he o pini o n t hat if a subdivision plat was appro ved then all the de veloper would have t o do is apply f o r a b uilding p ermit an d show proo f that the devel o per is complying with a ny covenants o n t hat piece of ground and with the zoning o rdinances . City Attorney Berardi ni stated that the recommendati o n from the Planning a nd Zo ni ng • I • • December ~2 , 1977 Page 6 I • • • requires a PD fo r each site. City Atto rney Berardini explained that a PD must be submi tted in this particular case when und e r o rdinary circu ms tan ces a PD would be an option. * * * * * * Councilman Sovern expressed concern over the need for g r ound rules o n this issue , ouncilman Sovern stated that he ouncil needs t o know what they can do and what they can no do , e .g . can the ity approve another subdivi sion waiver with restrictions ; can the land ow ners use covenants as well as the City ; if the City can not do anything , then what are the alternatives; and lastly , can the City give the app icant any direction because no one can agree o n the objecti ves of this property , ****** Mayor Taylor asked Director Wanush to briefly restate wh at Council needs to consider at this meeting , Director Wanush appeare before Council and e xp lained that th e Council ne e ds to consider if Mr . Regan sho d be allowed to divide a piec e of property into 15 separate parcels . Director Wanush stated hat the area is R-3 which allows a lo t of different type of b ildi ngs o be co nstr ucted in the a rea and because here is some neighborhoo oppos ition , conditions on the development haye been raised . The Planni ng a nd Zoning Conunission responded to the visual obstruction by limiting the buil dings to t wo stories and lace the requirement of a PD on each separate p iece so that people would be kept in formed on each p l an of development . Direc t o r Wanush advised the Co un cil th at a PD on each p'e e is the wro ng way t o go because Mr . Regan wi ll not be the develo per on the whole area and wi ll no t exercise co ntrol on the whole area , ounci man So vern stated that the timeframe to sol ve this p r oblem is t oo limited to allow for further deliberati on . Coun cilman Sovern stated that the conditions and to what degree the Cq unci l can enfo r ce the conditions must be made known . If the City doe s not put conditions on then there is nothing binding the de veloper to put the covenants on in a concurrent fashion Co un cilman Sovern stated , Director Wanush stated that this is t r ue ; ho wever, t he o n ly thing binding would be what the Council dictates plus the zo ning o rdin an ce , Director Wan sh a dvised the Co uncil to first hear a ll the si des of the issue and then decide wha the ground rules should be . City Attorney Berardini also advised the Council to allow the remaining sides to voi ce their appr ovals and obj ecti o ns then the Council should review al the material and arrive at a dec isi on . Co ncilman Sovern also pointed o ut that in effect if Council approv es the subdivision , the wai ver is removed and can be rep l aced with ano ther waiver on whatever conditions Co unci l decides to impose . • I • • ( December 12 , 1977 Pae I • • • * * * * * * May o r Taylor declared a recess at 9 :15 p .m. The Co uncil reconvened at 9:30 p .m. Up on a call o f the roll , th e f ollowing were present: Co uncil Members Wi lliams , So vern , Smi h , Mann , Br own , Clayton, Taylor . Absent: None. The Mayor declared a quorum present . * * * * * * John Criswell , bus i nes s address 37 80 So ut h Broadwizy , appeared before Co uncil o n behalf of the residents of Kent Village. Mr . Criswell entered into the rec o rd a list o f the residen s of Kent Village wh o we re pre sent at the meeti ng . Mr. Cri swell reviewed the histo ry and sequence of events l eading to this meeting and entered into the record a memo from hims e lf to the May o r and Members of Ci ty Co uncil dated Mizy 9 , 1977 Ir . Criswe ll stated that what this Co uncil is being asked o do is the same thing the Council in 1972 was as ked t o do -appro ve some hing with c o ndi ions , and if the present Cou ncil a pproves the plat then Mr. Larwin is released of a ny further compliances on this piece of land. Mr . Criswell entered into the record a l etter wi th attachments from himself o Mr . Jeremy D. Van Ness of the Larwin g r oup and Mr . William Gas kins relating o the restrictive covenants that were discussed in the me eting l ast summer and to whi ha verbal agreement was made. Mr. Criswel l then stated that 1r . Van Ness called him on September 15 , 1977 to inform him hat the bank would not agree with the covenants and wo uld his people approve a PD . Mr. Cr iswell stated that he has not heard from the Larwin group since that call . Mr . Criswe ll expressed concern o ver what was the equivalent of Ph aie s 8 an d 9 on the development p l an and if the plan was amended would it change the conce t entirely . Mr . Criswell stated tha Larwin has not followed he plan in good faith , one example is that Larwin has no t comp ied with the landscaping plan and the City has no t done anything o enforce a~y such compliance. Mr . Criswel l s gg e sted that he City c o nfron Larwin and force the o r ganization o do something . Co uncilman Smith po inted o ut t o Mr, Cri swell that any fut ure Council or Pl anning and Zo ning o nunission could change the zoning for that land ten years fro m n ow a nd hat no decision would be permanent necessarily. Counc ilman Smith a s ked Mr . Criswell if his group wa s more concerned about the a dditional c ommercial buildings that might take place in this area o r what is planned t o be bui l t and those buildi ngs blocking their view , Mr . Criswell stated that his g r oup is fearful of backing up onto a commercial strip , which would be a mix ture of traffic , heigh and no ise . * * * * * * • I • • ( • December 12 , 1977 Page 8 I • • - Senator Go rdon Allot , 3427 S . Race Street , appeared before Council and stated that when he was looking for a house in Englewood , he calle d the Ci y Clerk 's office who in turn referred him to Mr . James Supin ger , Director of Comm nity Deve lopment at that time , co find out what future development was plan ned for land west of the property he was interested in . Mr . S pinger d rew out some p l ats and iscusse the situation . Senato r Allot stated he wa s concerned abo ut any builling obstructing his view t o the west . Senator Allot recalle that Mr . Suplnger t old him not t o worry abo ut any developments o bstructi n the scenic vie,.. Senator Allo stated that he relied on this informati on and , therefore , purchased his house in Kent Village . Senato r Allot also stated that he too has been convinced that Mr . Regan c o uld devel o p he property ma intaining the scenic view . City Attorn ey Berardi ni asked he Senato r if his suggesti o n was to deny the approval o f the plat and hold the developer Larwin , in this case , to th e o riginal submitted p l an . Senato ry Allot stated that approval o r disapproval should be withhe d until Larwin is contacted and plac ed i n a p os ition to do s omething on the r est of t h e p lat . Councilman Mann ask ed what Mr . Criswe ll t hought of that sugges ti on . Mr . Cr iswell stated he preferred th e a pproval with limitati ons hose being the height limitati o n an d the PD ove r a straight appro val, Upon a suggestion fr om Mr . Richard Brown , Mr, Criswe ll stated that possibly Council could accept this applicat ion from R.P .R. Brothers and force La rwi n to submit p lans for the remaining portion of land . Ci t y Atto rn ey Berardini asked Di rector Wanush if he had received any evidence t hat Larw in c ould not develop the land as they had originally proposed . Di rector Wanush stated that he did not know if Larwin could or could not develop the land; however , when Mr . Po gue met wi th the Planning and Zoning Co mmission he indicated th at the Larwin group had n o intention to develo p it . Mr . Cr iswell stated the Mr . Pogue indicated to his group that Larwin was going to start developing this land for apartments . Mr, Caskins added that he wa s also at he meeting with Mr . Pogue and Mr . Cr iswell and Mr . Pogue threat ened t o develo p the land exactly as originally planned if thing s did not get started soo n . City Attorney Berardini stated that th e fact was clear that Larwin may sell the property but wh oever buys the prop e rty is subject t o the ori g inal plan unless the plan is changed , • I • • December 12 , 1977 Page 9 I • • - Co uncilman Smith stated that Lan.in has no t complied with the land- scaping factor o n Phases 1 and 4 thus o pening up an oppo rtunity fo r the City to t ake issue on the r est of the matter . Councilman Br own stated that Mr . Criswe ll 's pr esentati on was accurate and the Planni ng and Zoning Co mmi ssion did what was best at the time . Co un cilman Brown agreed th a t La rwin should be contacted and f o rced t o do wh at is best f o r this area now. Co uncilman So vern recalled that Larw in would have to build Phases 2 and 3 which included the Rec reation Zone after a certain deve lopment t ook place and as k ed Dire t o r Wanush if he remembered any such restri ction . Directo r Wanush did not recall t hat specific restriction but did remember ha Ph a ses 1 and 4 would h ave t o be built fi r st because they were residential and that supportive Phases wou ld follow. Councilman Sovern stated that h e distinctly recalled this r estriction and tho ht that such a restriction wo uld have a propriety bearin on Co uncil 's ac i o n . * * * * * * COUNCIL MAN SMITH MOVED TO CLOSE THE PUBLIC HEARING ON THE HAMPDEN PROFESSIONAL PARK SUBDIVISION . Coun ci l man Mann seconded the moti on. Upon a call o f the roll , the vote resulted as follows : Ayes: Nays : Council Members Br own , Clayto n , Wi l liams , Sovern , Smith , Mann , Taylor . None. The Mayor declared the motion carried. ****** CO UNCILMAN SMITH MOVED THE COUNCIL ADJOURN TO EXECUTIVE SESSION . Motion died f o r lack of a second. ****** COUNC ILMAN SMITH MOVED THAT THE HAMPDEN PROFESSIONAL PLAT SUB- DIVISION BE PRESENTED AT THE STUDY SESSION ON DECEMBER 19, 1977. Coun c ilman Sove rn seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays : Co unc il Members Brown , Clayton , Williams , So vern , Smith, Mann , Taylor . No ne . The Mayor declared the motion carried. * * * * * * • I • • In - ( • I • • - December ~2 , 1977 Page 10 COUNCILMAN SMITH MOVED THAT THE MATTER OF THE HAMPDEN PROFESS IONAL PARK SUBDI VISION BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCI L MEETI NG ON DEC EMBER 19 , 1 977 , Co uncilman Sovern seconded the motion . City Manage r Mcco wn stated that there wer e tw o o ther important items that Council wanted to discuss at the study session -the Civil Defe nse issue and deciding what streets will be included in the Paving Distric t nex year . ity Manager Mc own asked the Council if study s ession should be mo ved up one ho ur . 4 :00 p .m. General co nsensus of the Council was t o move the study sess i on up to May or Taylor asked that the let er f r om Cons ensus be placed on the study s es sio n agenda, also , Upon a call o f he roll , he voe res lted as follows : Ayes: Nay s : Council Member s Brown , Clayton , Williams , Sovern , Smith , Mann , Tay lor . No ne, The May o r declared the motion carried . ****** COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL CITY COUNC IL . Councilman So vern seconded the moti on, Upon a call o f the roll , the te resulted as f ollows : Ayes: Nays : Co unci l Members Brown, Clayton , Wi lliams , So vern , Smith , Mann , Tay lor , No ne . Th e Mayor d eclared the mo ion c arried and the meeting adj ourned at 10 :55 p .m, t!u ty City Cle rk • I • • n r-, ( • SPECIAL MEETING : I • • - COUNCJL CHAMBER S CITY OF ENGL EWO OD , COLORAlX) December 12 , 1977 /(2 The City Co unci l o f the City o f Engl ewood , Arapah oe County , Colorado , met in special sessio n o n December 12 , 1977 , at 7 :30 p .m. May or Taylor , presid ing, called the meeting t o o rder . The invocatio n was gi ven by Counc ilman Br own . The Pledge o f Alleg iance was l ed by May or Taylo r . May or Tay lor a s ke d for roll c all . Upo n a call of the r oll , the following were present: Counc i l Members Williams , Sovern , Smith , Mann , Brown , Clayton , Taylor . Absent : No ne . The May o r declared a qu o r um present . Als o present were : City Manager McC own Assistant City Manager Curnes City Attorney Berardini Director o f Co lTIIJlunity De velopment Wanus h Deputy City Cl erk Watk.i ns * * * * * * Councilman Smith left the meeting at 7 :35 p .m. COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLI C HEAR ING ON HAMPDEN PROFESSIONAL PARK SUBDIVISION . Councilman Sovern seconded the motion, Upo n a call o f the r oll , the vote resulte d as f ollows: Ayes : Nays : Absent : Council Members Brown , Clayton , Willi ams, So vern , Mann , Taylo r . None . Co uncil Member Smith . The Mayor decl ared the motion c arried , ****** • I • • I r, - December 12 , 1977 Page 2 I • • - Councilman Smith re -j ined the meeting at 7 :40 p .m. * * * * * * City Manager lcCo asked Director of Co rnmuni ty Development Wanush t o appear before Co uncil and make the staff presentati on o n the Hampden Professional Park Subdivision Final Plat . Directo r of Community Developme nt Wanush stated the purpose o f the public hearing was t o review the r ecommendation from the Planning and Zoning Commissio n . Director Wanush reviewed bri efly the background o n the plat and the recommendation from the Planning and Zoning Commission relating t o this case (#31 -76) which was to approve the Hampden Professional Park Sub di vision with th e following conditions : l . Buildi ngs in the develo pment o f Hampden Professi o nal Park shall not exceed tw o stories . 2 . All development of the Hampden Professional Park Sub divis ion shall be accomplished under a Planned Development . 3 . If he Hampden Pro fessi o nal Park Subdivision is developed with professional o ffice buildi ngs , the definition o f "Profes sio nal Office " shall be enfo r ced throughout this development . Directo r Wanush entered into the record the "MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION " dated March 22 , 1977 , and the staff report rel ating t o case (#31 -76). Director Wanush stated that the Council is being asked t o alter the f o rmer subdivision waiver that was ranted in 1972 which is done by approving the subdivision plat . Director Wanush further stated that the alteration would effect only part o f the land , i .e . Phases 8 and 9 , and the rema1m.n land would s ti ll be under the sub di vision waiver and all the conditions that apply . Director Wanush summarized the de velopmen plan of the Larwin Site no ting that the pro ject was to be completed in nine phases; but o nly Phase 1 and Phase 4 have been comple ed and Phases 8 and 9 were up for discussion at this meeting . Direc o r Wanush po inted out that Phases 8 and 9 were planned f o r 356 units o ri ginally , Di rector Wanush stated that permits were issue d for Phases 2 and 3 bu werP never used . Director Wanush pointed out als o that the original plan included height restrictions . Di rector Wanush then entered into the record Resolution No . 8 o f 1972 that approved the Larwin Plan with the restrictions ; the Larwin Site Plan itself ; and restrictive covenants of 1968. Director Wanush stated that the zo ning changed from R-1-A t o R-3 in 1971. • I • • • De c embe r 12 , 1977 Pa ge 3 I • • - Co uncilman Smith asked City Attorney Berardini if the City should get in vol ved in restricted covenan s. City Attorn ey answe red stati ng t h at t here could b e s ome l e g al problems and that restri cted c o venants really ha ve no place in the Ci t y 's affairs and s hould no t be accepted by the City , Ci. ty Atto rney Berardini f urther stated that th e zo ning o rdinances themselves act as restrictio ns o n land use , Director Wanush stated t hat the Planning and Zoning Commissi on contends that the documents are no t binding an d that the City Co uncil has t he right t o alter some of the c o ndi i o ns o utli ned therein . Directo r Wanush info rmed the Co uncil that the applicant is R.P.R , Br o thers who is joined by Larwin Mul t i -Housing Corp o rati o n , the actual owner o f the property , Directo r Wanush further info rmed the Co uncil that the R.P .R, Bro thers has the option to purchase the property . Directo r Wanush briefly discussed the propo sed plans o f R.P .R, Br o thers o n the land use stressing that the zoning is R-3 and will remain s o . Co uncilman Williams asked Director Wa nush t o define "w aive r" as the word is being used at this meeting , Di recto r Wanush stated tha the subdivision waiver was g r anted in 1 972 and in effec t removed certain processes for the completi o n o f a sub- divisi o n , i .e . dedicatio n of streets , parks , etc . because the en~ire tract o f l and was going to be a single ownership and all devel o pments were going t o be internal t o their own use . Therefore , th e subdivision waiver was granted with condit ions . Directo r Wanush stated that o ther City departments were contacted o check he draina e , etc ., and the checks were ap p r o ve d . Direc o r Wanush also s ta e d hat o utside c o ncerns g rante d a ppro val a s well , i.e . Mountain Bell , Public Se rv i ce , Highwa,y Department and the Denver Water Bo ard. Dire cto r Wanush stated the matter raises sev e ral issues. Those i s s ues a r e 1) her e wi ll be no zo ni ng chang e but a change fr om he ol d deve lopment l an ; 2) all committments o r condi ions can be changed ly he Pl an ning and Zo ning Commissi o n and th e Ci y Counc i l ; 3) moral co t:lllli men~ are i nvol ved ; and 4 ) no t all the co ndi t ions o n th e p l at are r e a sonab l e especi a l l y he requireme nt o f a PD f o r each separate building permi , Direc t o r Wan ush ent ered into the r e cord th e "Fi ndings o f Fact" da ed April 1 5, 1977 from the Planning an d Zo ni ng Co mmi s sio n r el ating t o this matter . * * * * * COUNCILMAN SOVERN MOVED TO ACCEPT THE EXHIBI TS AND DOCUMENTS PRESENTED TO THE PLA NNING AND ZONING COMMIS S ION AB A PART OF THE RECORD. Councilman Mann • I • December 12 , 1977 Page 4 I • • • seconded the moti on . Upon a call of the roll , the vote resulte a:; follows: Ayes : Nays : Council Members Brown , Clayton , Williams , Sovern , Smith , Mann , Taylor , Non . The Mayor declared the motion carried , ****** Mayor Tay lor a s k ed the representative o f th e R.P .R, Broth e rs to com e befo re Council and s peak o n their behalf. William Gas kins , busines s address 2785 N, Speer Blvd ,, Denve r , appeat·ed as legal counsel fo r R.P .R. Brothers , Mr , Gaskins sated that a verbal agree- men t amo ng t h e Larwin representative , he Kent Village Ass oc iatio n and his client was reached some mo nt hs ago , in which restrictions and co nditions were concurred upon . Mr. Gaskins stated that Mr , Criswell , representative o f Ke nt Village , drew and presented a written agreement t o the Larwin g r ou p based o n the meeting . Mr , Gas ki ns stated that there has been a corpo rate change in the Larwin o r ganizatio n and the representative that was here can no longe r represent Larwin o n this mat t e r . Now , Mr , Ga skins stated , the Larwin o r gan·zati o n wil l not sign any c ovenant wh at- s o ever . Mr , Gaskins stated that h e and his client then met with Mr. Calkins 'gr ou~ and infor med Mr . Calkins ' group that R.P .R. Brother s were willing t o place covenants o n thei r part since Larwin would not a g ree to signing a ny co venants o f their own , Mr . Gaskins pro p osed that this plat be approved subjec t o obtaining acc eptable cove nants with the Ke nt Village g r oup and t o the fo ur property o wners imm e diately south o f the property wh o were t o be co ntrolling membe r s o f the covenants wi th the Che rry Hi lls people in 90 days . Mr. Gaskins sta e d that if the convenan ts c ould n ot be obtained in 90 days then the plat woul d be withdrawn , Co uncilman Smith asked Mr . Gas kins if the o nly objecti on hi s client had was the height l imitatio n . Mr . Gaskins stated that hi s cli ent did object t o the height limitation and a PD on each individual lot . o uncilman Smith asked City Attorn ey Be rardini if the Co un cil could legally approve an issue that is based o n further pri vate covenants. City Attorney Be rardini stated that the Council probably could not approve a plat based o n co nditi o ns of a private covenan t. City Atto rney Berardini stated that this policy is not good , City At t o rney Berar din i commented that time was given t o wo rk out any pro blems am ong t he pe ople involved and final presentation should be g iven t o Council at this meeting with no further stipul ations , • I • • December 12 , 1977 Pae 5 I • • - Co uncilm an Wi lliams asked Mr , Cas kins if he cons i de r ed a PD o n he entire area . Mr . Caskins stated that he and his client might cons ider a PD . Mr . Thomas Re g an, 4981 S . Cli nton St,, stated that the City d id suggest a PD o n his fi r s t approach ; but he d id no t want to do a PD because o f the amount o f time involved narrowin the flexibility in de velo ping and selling sites in this loc atio n . * * * * * * Mr . H. Harold Calkins, 1425 E, Jefferson , appeared befo re the Co unci l as legal counsel and interested citizen f o r prop er y owners directly south o f t he Plat . Mr . Calkins stated that he and his g r o up were o r iginally o ppo nents t o the development but now have been convinced that Mr . Regan can not e conomically develop the pro perty within the height l imitati on as prop osed by the Planning and Zo ning Comm is s i o n . Mr . Calkins stated that he an d his g r o up have c o nsidered the possibility o f having the development controlled by the City Development Ordi nance but they think the o r dinance is not workable in this situatio n because Mr . Regan is a l and develo per and separate owners will acquire the l and at a later date , requiring the City t o study a PD everytime Mr . Re gan wants t o develo p a l o t . Therefo re , Mr . Calkins stated , his group wo uld like to arrange to have p rivate covenants put on the property so the people in the neighb o rh oo d would enforce them and free the City from being any party t o these cove nants . Mr , Calkins outlined some o f the terms of the agreement whi ch were 1) s ome areas coul d have mo re than two stories but must comply to the City 's o rdinance in measurement of heights; 2) a ll buildings would meet R-3 zoning requirements ; 3) all buildings adjacent to Hampden be set back 40 feet fro m Hampden right-of-way s o t o deflect any traffic noise ; 4) assured landscapi ng e x tending 24 feet fr om Hampden ; 5) offices wo uld be f o r limited use acco rding to the pro fessi o nal o ffice zo ning o rdinances . Mr , Calkins reiterated that this is a departure from the o riginal recommendation fr om the Planning and Zo ning Co mmission in two respects: 1) his g r o up is wi lling t o change the building height to more than tw o stor ies and t o l ift the burden of submitting a PD with each development. Co un cilman Williams stated that he appreciated Mr . Calkins ' view on the restr ic ions of Phases 8 and 9 whi ch o nly concern him; however, he was c o ncerned o ver what might happen e a st of this l and and was in favor of restrictions impo sed by he City . A lengthy discussion ensued over the requirement of a PD for each individua l develo pment s ite if an encompassing PD was · no t submitted prior t o the developme nt o f who le area . Mr. Regan stated he was under the opinio n that if a subdi vision p l at was a pproved then all the developer would have to do is a ply fo r a building permit and show proo f that the developer is complying with a ny covenants o n that piece of ground and with the zo ning o rdinances . City A~torn ey Berardini stated that the recommendati o n from the Planning and Zoning • I • • • Dec emb er 12 , 1977 Page 6 I • • • r equir es a PD fo r each site. Ci ty Atto rney Bera rdini e xp lained tha t a PD must be submitted in this particular case when und e r o rdin ary circumstances a PD wo uld be an option . * * * * * * Councilman So vern expressed concern o ve r the need f o r g r ound rules on this issue , Counc ilman Sovern stated that the Council needs to kno w w.at they can do and what they can not do , e .g . can the Ci ty approve an other subdivision waiver with restrictions ; can the land owne r s us e covenan s as we ll as the City ; if the City can not do anything , then what are the alternatives ; a nd lastly , can the City give the applicant a ny directi on becaus e no o ne can agree o n the objectives of this pro perty . * * * * * * Mayor Taylo r as ked Director Wanush to briefly res tate wh at Council needs t o consi der at this meeting . Director Wanush appeared before Co uncil and explai ned that the Council needs to consider if Mr . Re gan should be a llowe d t o divide a piec e of pro perty into 15 separate parcels . Director Wanush stated that the area is R-3 which allows a lot o f different type o f buildi ngs t o be constructed in t he area an d because here is s ome nei ghborhood o pposition , conditi ons o n the development have been raised . The Planni ng an d Zoning Commissi o n responded to the visual ob struction by limit"ng the buildings to tw o stories and place the requirement o f a PD o n each separate piece s o that people would be kept info rm ed on each plan of developmen t . Director Wanush a dvi sed the Co uncil that a PD o n each piece is the wro ng way t o go because Mr , Regan wi ll not be the developer o n the wh ole area a nd wi ll no t exer ci se contr ol on the whole area . Counc ilman So v e rn stated th at the timefrarne to s olve t his problem is t oo l imited t o allow for further d eliberation . Coun ci l man Sovern stated that the conditi ons and to what degree th e Co uncil can enforce the conditions must be made kn own , If the City doe s not put conditio ns on t hen there is noth ing binding the dev eloper t o put the c o venants on in a c on current fashion Councilman So vern stated . Director Wanush stated that this is true ; ho we ver, t he o n ly thi ng binding woul d be wha the Co unci l dictates plus the zoning o rdinance . Director Wanush advised the Co uncil t o first hear a ll the sides o f the issue and th en decide what the g r o und rules shoul d be . City Attorney Berardini also advised th e Cou ncil t o a llow the rema1n1ng sides to vo ice their appro vals and obj ecti ons then the Council s ho uld review all the material and arrive a t a decisio n. Councilman Sovern also p o inted o ut that in effect if Coun cil approv es the subdivision , the waiver is removed and can be rep l aced wi th a no ther waiver on whatever conditi on s Council decides to impose • • I • • December 12 , 1977 Page 7 I • • • * * * * * * Mayor Taylor declared a recess at 9:15 p .m. The Council reconvened at 9 :30 p .m. Upon a call o f the roll , the following were present : Council Members Williwns , Sovern , Smith , Mann , Brow n , Clayton , Taylor . Abzent : No ne . The Mayor declared a quorum present . ****** John Criswell , bus iness address 3780 South Bro adw ay , ap p eare d before Council o n behalf of the residents of Kent Village. Mr . Criswell entered into he record a l i st of th e residents of Kent Village wh o were presen at the mee ing . Mr, Criswell reviewed he history and sequence of events leading to this mee ing and entered in o he record a memo from hims e lf to the Mayor and Members o f City Council da ed May 9 , 1977 Mr . Criswel s ated ha what his Council is bei ng asked o do is the same thin the Council in 1972 was asked to do -approve s ome hing wi h condi ions , and if the presen Cou ncil a pprov es the plat then Mr . Larwin is r elea s ed of any fu rth er compliances o n this piece of l and. Mr . Criswell e ered into he record a l etter with attachments from himself to Mr . Jeremy D. Van ,ess o f th e Larwin gr oup and Mr . William Gas kins relating o he restric ive covenan s hat were d i scussed i n the mee ing l ast summer and to which a verbal agreemen was made. Mr, Criswell then stated ha ~~. Van Ness called him on September 15 , 1977 to inform him that the bank would o agree with the covenants and would his people approve a PD . Mr . Criswell s a ed that he has not heard from the Larwi n group since that call . Mr . riswell expressed concern over what was the equivalent of Pha!es 8 and 9 on the development plan and if the plan was amended would it change the concept entirely . Mr , Criswell sated hat Larwin has not followed the plan in good rai h , o ne example is that Larwin has not complied wi h the landscaping plan and the Ci y has not done anything o enforce any such compliance. Mr . Criswell s gcs ed that the City c0n ron Larwin and force the o rganiz.a ion o do something . Councilman Smith p oi nted o ut to Mr. Criswell that any f ure Council or Planning and Zoni ng Commission could change the zoning for that land ten years fr~m now and that no decision would be permanent necessarily. Councilman Smith asked Mr. Criswell if his group wa s more concern ed about the a dditional commercial buildings that might take place in this area or what is planned t o be built and those bui ldings blocking their view. Mr . Criswell stated that his gr o up is fe arful of backing up ont o a commercial strip , which would be a mix t ure of traffic , height and noise. * * * * * * • I • • ( Dec embe r 2 , 1977 Page 8 I • • - Senator Go rdon Allot , 3427 • Race Street , appeared befo re Co uncil and stated that when he was looking for a house in Englew oo d , he called the Ci y Clerk 's office wh o in turn referred him to Mr . James Supin ger, Director of Communi y Deve lopment at that time , to find out wh at future development was p lanned for land west of the r operty he was interested in . Mr . Supinger drew out some plats an discussed the situation . Senator Allot stated he wa s concerned abo ut any building o bstr cting his view to the west . Senator Allo t recalled that Mr . Supinger t old him not to worry about any developments obstructing the scenic view . Senator Allot stated that he re lied on this information and , therefore , purchased his house in Kent Village . Senato r Allo t also stated that he t oo has been convinced that Mr . Regan could develop the pro perty maintaining the scenic view. Ci ty Attorney Berard ini asked the Senator if his sugges ti o n was o deny the approval o f the plat and hol the devel o per La rwin, in t his case , t o the original submi t ed plan . Senato ry Allot stated that a ppro val o r disapproval should be withheld until Larwin is contacted and placed in a position to do something on the rest o f the plat . Councilman Mann asked what Mr . Criswell th ought of that suggestion . Mr . riswell stated he preferred th e approval with limitati ons those being the height limitati on and the PD o ver a straight approval, Upon a suggestion from Mr . Richard Brown , Mr, Criswell stated that p o ssibly Co uncil could accept this application fro m R.P .R. Brothers and f o rce Larwin to submit p l ans f o r the remaining p o rti o n of l and , City Attorney Berardini asked Directo r Wanush if he had receive d any evidence that Larwin could not develo p the land as they had originally proposed . Di recto r Wanush stated that he did not know if Larwin c ould o r could no t develo p th e land; however , when Mr . Pogue met with the Planning and Zoning Co mmission he indica ed th at the Larwin group had no intenti o n t o develop it. Mr . Criswell sta e the Mr , Pogue indicated to his g roup that Larwin was going to star developin this land for a partments , Mr. askins added that he wa s also at the meeting with Mr . Pog e and Mr , Criswe ll and Mr . Pog e threatened t o eve lop the land exac tly as originally planned if thines did not get s arted soon . ity Attorney Berardini stated that the fact was clear that Larwin may sell the proper ty but whoever buys the property is subject t o the original plan unless the plan is changed . • I • • In ( December 2 , 1077 Page 9 I • • - Coun cilman Smith stated ha Lanrin has not omp l ied with th e land- scaping factor o n Phases 1 an d 4 thus o pening up an o ppo rtunity for the City to t ake issue o n the rest of the matter . Cou ncilman Brown stated that Mr , Criswell 's presentati on was acc urate a nd the Plan ning and Zoning Commission did wha t was best at t he time, Co unci l man Br own agreed that Larwin should be contacted and f o rced t o do what is best f o r his area now. Co uncilman Sovern recalled that Larwi n would have t o build Phases 2 and 3 wh ich included the Rec r eati on Zone after a cert ain deve lopme nt oak p l ace and· ask e d Di r ector Wanush if he remembered any such restri ction . Director Wanush did not rec al l that specific restriction but di d r e member that Phases 1 and 4 would have t o be built first because th ey were resident ial and that supportive Phases we ld follow, Councilman Sovern stated that he dis tinctl y recalled this res r icti on and thought that such a restriction wo uld have a propriety bearinB on Co un cil 's action . * * * * * * COUN ILMAN SMITH MOVED TO CLOSE THE PUBL IC HEAR I NG ON THE HAMPDEN PROFESSIONAL PARK SUBDIVISION . Councilman Mann seconded the mo ion. Upo n a c a ll of the roll , the vote res ul e d as foll ows : Ayes : Nay s : ounc i l Members Brown , Cl ayto n , Williams , So vern , Smith , -lann , Taylor . None, The 1 ayer declared the mot i on c arried, ****** OU!IC:LMAN SMITH MOVED THE COUNC IL ADJOURN TO EXECUTI VE SESSION . :-lo ion die for lack of a second, ****** 0 rILMAN SMITH MOV ED THAT THE HAMP DEN PR OFESS ION AL PL AT SUB- DIV1Sl0 BE PRES ENT ED AT THE STUDY SESSION ON DECEMBER 19, 1977 . Councilman Soverns co nded the motion . Upon a call of t he roll , th e vo te resulted as follows: Ayes: Nays: Co unci l Members Brown , Clay to n , Wil l iams , Sovern , Smith , Mann , Taylor . None . The May or de clared t he motion carried , * * * * * * • I • • In r, ( • I • • • December 2 , 1977 Pag e 10 COUNCILMAN SMITH MOVED THAT THE MATTER OF THE HAMPDEN PROFESSIONAL PARK SUBDI VI SION BE PLACED ON THE AGENDA FOR THE REGULAR ITY COUNCIL MEETING ON DE CEMBER 19 , 197 7 , Co unc 'lme.n So vern seconded the motion . City Mana g er McCown stated that there were t wo' o ther i mp ortant i terns that Council wanted to discuss at the study session -the Civi l Defense iss e and deciding what streets will be included in t h e Paving District nex t ye r . City Manager Mccown asked he Counc il if study session should be moved up one ho ur . 4 :00 p.m . General co nsensus o f the Council was t o mo ve the study sessio n up t o Mayor Taylor asked that the letter from Co nsensus be placed on the study s ess ion agenda , also . Upon a call o f the r oll , the vote resulted as f ollows : Ayes : Nays : Co unc il Members Brown , Clayton , Williams , Sovern , Smith , Mann , Taylor . None. The Mayor declared the moti on carried . ****** COUNCILMAN WILLIAMS MOVED TO ADJ OURN THE SPECIAL CITY COUNC IL . Councilman Sovern seconded the motio n . Upon a call of the roll , the vo t e resulted as follows : 10 :55 p .m. Ayes : Nays: Co un cil Members Brown , Clayton , Williams , So vern , Smith , Mann , Tay lor . No ne . The Mayor declared the motion carried e.nd the me eting adjourned at ~uty Ci ty Clerk • I • • \ • SPECIAL MEETING: , • • - COUNCIL CHAMB ERS CITY OF ENGL EWO OD , COLORADO December 12 , 1977 The City Co uncil o f the City of Englewood , Arapahoe Co unty , Colorado , met in special sessio n o n December 12 , 1977 , at 7 :30 p .m. May or Taylor , presiding , called the meet ing to order . Th e invocation was given by Councilman Brown , The Pl edge o f Allegiance was l ed by May or Taylor , May or Tay lor a sked for r oll call , Up o n a call o f the r oll , the following were present: Co un c il Members Williams , So vern , Smith , Mann , Brown , Clayton , T!Wlor . Absent : Non e , The May or declared a quorum present. Als o present were : City Manager Mccown Assistant City Manager Curnes City Atto rney Berardini Director o f Co mmunity Development Wanush Deputy Ci ty Cl erk Watkins * * * * * * Coun cilman Smith left the me e t ing at 7:35 p .m. CO UN CILMAN WIL LIAMS MOVED TO OPEN THE PUBLI C HEARING ON HAMPDEN PROFESS IONA L PARK SUBDIVISION , Councilman Sovern seco nded the motion. Up on a c a l l o f the r oll , the v ote res ult ed as f ollows : Ayes : Nays : Absent : Council Membe r s Brown , Clayton , Williams , Sovern , Mann , Tay lor . None , Council Member Smith , The Mayor declared the mo tion carried , * * * * * * • I • • December 12 , 197 Page 2 • • • Councilman Smith re -joined the meeting at 7 :40 p .m. * * * * * * City Manager Mccown asked Director of Community Development Wanush t o appear before Council an make the staff presentation on the Hampden Professional Park Subdivision Final Plat . Director of Community Deve~opment Wanush stated the purpose of the public hearing was t o review the recommendation from the Planning and Zoning Commission. Director Wanush reviewed briefly the backgro und o n the plat and the recommenctation from the Planning and Zoning Commission relating to this case (#31-76) wnich was to approve the Hampden Professional Park Sub division with the following con itions: 1 . Buildi ngs in the developmen o f Hampden Professional Park shall not exceed two stories . 2 , All developmen of the Hampden Professional Park Subdivi s ion shall be accomplished under a Planned Development . 3 , If he Hampden Professional Park Subdivision is developed with professional office buildings , the definition of "Profes sional Office" shall b e e nfo r ced throughout this development . Director Wanush entered into the record the "MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION " dated March 22 , 1977 , and the s taff r e port relating to case (#31 -76). Di rector Wanush stated hat the Council is being asked to alter the former subdivision waiver tha was granted in 1972 which is do ne by approvin the subdivision plat . Director Wanush f urther sta ed that the alteration would effect o nly part of the land , i.e . Phases 8 and 9 , and the remaining land would still be under the subdivision waiver and all the conditions that apply . Director Wanush summarized the development plan of ·he Larwin Site noting ha the project was to be completed in nine phases; but only Phase l and Phase L have been comple ed and Phases 8 and 9 were up for discussion at this meeting . Director Wanush pointed out hat Phases 8 and 9 were planned for 356 unics originally . Director Wanush sta ed that permits were issued for Phases 2 and 3 but were never used . Director Wanush pointed out also that the original plan included height restrictions . DirecLor Wanus h then entered into the record Resolution No . 8 of 1972 that approved the La rwin Plan with the restrictions ; the Larwin Site Plan itself; and restrictive covenants of 1968. Director Wanush stated that the zoning chani:;e from R-1-A t o R-3 in 1971. • I • • De cember 12 , l 77 Page 3 I • • • Councilman Smith asked City Atto rney Berardini if the City sh ould get involved in restricted covenants . City Atto rn ey answered stating that there could be some lega r o blems and that restricted covenants really have no place in the City 's affairs and should not be accepted by the City . City Attorney Berardini further stated that the zonin o rdinances themselves act as restrictions on land use . Director Wanush stated that the Plan ning and Zon ing Commission contends that the documents a re no bindin and that the City Council has the right to alter some o f the c onditio ns o utlined therein . Directo r Wanush info rmed the Co uncil that the applicant is R.P.R . Broth ers wh o is Joined by Larwin Multi -Ho using Corpo ratio n , the actual owner o f the property . Director Wanush further informed the Co uncil that the R.P .R. Brothers has the op tion to purchase the property . Director Wanush briefly discussed the propos ed plans of R.P .R. Brothers on the land use stressing that the zoning is R-3 and will remain so . Councilman Williams asked Director Wanush to define "w aiver" as the word i s being sed at this meeting . Director Wanush stated that the subdivision waiver was g ranted in 1972 and in effect removed certain processes for the completion o f a sub- division , i .e . dedication of streets , parks , etc . because the entire tract o f land was going to be a single ownership and a ll devel o pments were going to be internal to their o wn use . Therefore , the subdivision waiver was gran ed with condi tions. Directo r Wanush stated hat o ther City departments were contacted t o check the drainage , etc ., and the checks were appro ved . Director Wanush also stated that o utside c oncerns g ranted app r o val as ,•ell , i.e . Mountain Bell , Public Service , Highway Department and the Denver Water Board. Director Wanush stat ed the matter raises several iss ues. Those issues are 1) there will be no zoning change but a change from he old development plan ; 2) all committments o r c ond itio ns can be changed y the Planning and Zoni ng Commission and the City Council ; 3) moral committmen s are invo lved ; and 4) no t all the conditions o n the p l at are reas o nab le especia y the requirement o f a PD f o r each separate building permit . Director Wanush entered into the record the "Findings o f Fact" dated April 1 5 , 1977 from the Planning and Zoning Co mmissio n relating t o this matter . * * * * * COUNCIL MAN SOVERN MOVED TO ACCEPT THE EXHIBITS AND DOCUMENTS PRESENTED TO THE PLANNING AND ZONING COMMISSION AS A PA RT OF THE RECORD. Councilman Mann • I • • n • December 12 , 1977 Page h I • • - seconded the motion . Upon a call o f the roll , th vo te resulte as f o lows: Ayes : Nays: Council Members Brown , Clayton , Williams , Sove rn, Smith , Mann , Taylor . None . The Mayor declared the motion carried . * * * * * * Mayor Tay lor asked the representative o f the R.P .R. Brothers t o come before Council and speak o n their behalf . William Caski ns , business address 2785 N. Speer Blvd ., Denver, appeared as legal counsel for R.P .R. Brothers , Mr . askins stated that a verbal a g r ee- ment among the Larwin representative, the Kent Village Association an his c~ient was reached some months ago , in which restric ions and condi tions were concurred upon , Mr, Caskins stated that Mr . Criswell , representative of Kent Village , drew and presented a written agreement t o the Larwin group based on the meeting. Mr . Cas kin s stated that there has been a corporate change in the Larwin o rganizatio n and the representative that was here can no longer represent Larwin on this matte r . D Now , Mr . Cas kins stated , the La rwi n o rganizati o n will not s i gn any covenan what- soever . Mr . Caskins stated that he and his client then met with Mr, Calkins'gr oup and informed Mr . Calkins ' group that R.P .R. Brothers were willing to place covenants on their part since Larwin would not a ree o signing any covenants of their own . Mr . Caskins proposed tha this plat be approved subject to obtaining acceptable covenants with the Kent Village gro p and to the four property owners immediately south of the property wh o were o be controlling members of the covenants with the Cherry Hills people in 90 days . Mr, Caskins stated that if the convenants could not be obt ained in 90 days then the plat would be withdrawn . ouncilman Smith as k ed Mr . Caskins if he o nly objection his client had was the height limitation . Mr . Caskins stated that his client did object t o the height limitati o n and a PD on each individual lot . Councilman Smith asked City Attorney Be rardini "f the Council could legally approve an issue that is based on further private covenants , City Attorney Be rardini stated that the Council probably could no approve a plat based on conditions of a private covenant. Ci ty Attorney Berardini stated that this policy is not good , City Attorney Berardi ni commented that time was given t o wo rk out any problems among the people involved and final presentation sho uld be given to Council at this meeting with no further stipulations , • I • • December 12 , l9T( Pae 5 I • • • 011 ncilman Wi lliams asked Mr . Caskins if he co nsidered a PD on the enti re a rea . Mr . Caskins stated that he and his client might cons i de r a PD . Mr . Thomas Regan , 4981 S . Cli nt on St ., stated that the City did suggest a PD o n his first approach ; but he did not want to do a PD because of the amount of time involved narrowing the fl e xib ili ty in d evelopi ng and selling s i tes in this loc ation , * * * * * * Mr . H. Ha r ol d Calkins , 1425 E, Jefferson , appeared befo r e the Co unc il a s l e g a l c oun sel a nd int eres ed citizen f o r proper y own e r s d ire ctl y s o uth o f t he Pl at . Mr. Ca l kins stated hat he and his group were o r iginally o ppo nents to th e devel opment but now have been c o nvinced that Mr. Reg an can not eco no mi c ally d evelo p th e pro p e rty with i n the heigh limitati o n as proposed by the Planning a nd Zo ni ng Co mmis s i on , 4r . Calkins sated that h e and his g r oup have co nsidered t he p os sibility o f havi ng th e developmen t con trolle d by th e City De velopment Or dinan c e but th ey t hi nk th e o r dina nce is no t workab le i n this s ituatio n because Mr . Re gan is a l and deve lop e r a nd s eparate owners wi ll a c quire t h e l and at a l ater date , req ui ring t he City to study a PD everytime Mr . Re g an wants t o develop a l o t . Therefo re , Mr . Ca l ki ns s tated , hi s group would like t o a rrang e t o h ave p r ivate cove nants put o n t he p r operty so the peo ple in the neighb o rh oo d wou l d e nfor c e them a nd fr e e h e City f r om b ei ng a ny party t o these c ovenants . Mr . Ca l k i ns o utlined some o f t he terms o f the agreement whi ch were 1) s ome a r eas c ould h ave mo re than t wo sto ries b ut must comp ly t o the City's o r dinance in measurement of hei gh ts ; 2) all bui ldings wo uld me e t R-3 zoning r e quirements ; 3) a ll b ui l dings a d j ac ent to Hampden be set b a ck 40 feet from Hamp den right-o f-way s o t o de fl e ct any traffic no i s e ; 4) a s sured l andsca p ing ext e ndi ng 24 f e et f r om Hamp de n ; 5) offices would be fo r limite d use acco r di ng t o the pro f es sio nal office zoni ng o rdinan ces . Mr , Calki ns reitera ted tha t t h is is a de pa rture f r om t h e o ri gi nal recomm e ndat i o n f r om t h e P l anning an d Zon i ng Co mmissio n i n t wo res pec ts: 1 ) hi s g r o up i s wi lling t o change the b ui lding h e i gh t t o mo re th an t wo sto ries and t o l i f t t he bur den o f s ubmitting a PD with each d e velopme nt. Co unci l man Willi am s stated that he appre c iated Mr . Calkins ' view o n th e res trict ions of Ph as e s 8 an d 9 wh ich onl y co ncern him ; howe ver , he was concerne d over what migh t h a pp en e a st o f this l a nd a n d was in f avo r o f restrict i o ns imp osed by t he Ci t y , A l e ngt hy di s cuss i on e ns ued o ver t h e requi rement o f a PD f o r e a ch individual develo pm e nt s i t e if a n e nc omp a ss i ng PD was no t submitted p r i o r t o the development o f whole area . Mr . Re ga n stated he was un der the o pinion that if a subdivision p lat wa s a ppro ved then.a ll the develo per would have t o do is apply fo r a buildi ng permit and show proo f that the d e veloper is co mplying wi t h any covenan t s o n that piece o f g r o und and with the zo ning o rdi nances . City Attorney Berardini stat ed tha t the recommendati o n f r om the Pl anning an d Zo ni ng • I • • December 12 , 1977 Page 6 I • • - requires a PD fo r each site, City Attorney Berardini explained that a PD must be submitted in this particular case wh en und er ordinary cir cums tan ces a PD wo uld be an option. * * * * * * Councilman Sove rn expressed concern o ver the need for ground rules o n this issue . Councilman Sovern stated that the Council needs to know what they can do and what they can not do , e .g . can the ity approve ano ther subdivision waiver with restric ions; can the and owners use covenants as we ll as the City; · f the City can not do anything , then what a re the alternatives; and lastly , can the Ci ty give the applicant any direction because no one can agree o n the objectives of this property . * * * * * * Mayor Taylor asked Director Wanush to briefly restate wh at Council needs to consider a this meeting . Director Wanush appeared b efore Coun cil and explained that the Council needs to consider if Mr . Regan should be allowed to d ivide a piece of property into 15 separate parcels . Di rector Wanush stated that the area is R-3 which allows a lot of different type of buildi ngs t o be constructed in the area and because here is some neighborhood o pposition , conditions o n the evelopment have been raised . The Planning and Zoning Commission responded to the visual obstruction by limiting the bui ldings to two stories and place the requirement of a PD on each separate piece so that people would be kept informed on each plan of development . Direc tor Wanush advised the Co un cil that a PD on each piece is th e wro ng way t o go because Mr . Regan will not be the developer o n the whole a rea and wi ll not exe rcise contr ol on the whole area . Councilman So vern stated that the timeframe to s olve this problem is too limited to all ow f o r further deliberati on. Coun cilman Sovern stated that the conditions and t o wh at degree the Council can enfo rce the conditions must be made known . If the Ci ty does not put conditions on then there is nothing binding the developer to put the covenants on in a concurrent fash i on Councilman Soverns ated , Director Wanush stated that this is true ; however , the only thing binding would be what the Cou nc il dic tates plus the zoning o rdinance, Director Wanush advised the Co uncil to first hear all the sides of the issue and then decide what the ground rul es should be . City Attorney Berardini also advised the Cou nc il to allow the remaining sides to voice their approvals and objections then the Council should review all the material and arrive at a dec ision . Councilman Sovern also pointed o ut that in effect if Council approves the subdivision , the waiver is removed and can be rep l aced with another waiver on whatever conditions ouncil decides to impose . • I • • December 12 , 1977 Page 7 I • • - * * * * * * Mayor '.:'aylor declared a recess a 9 :15 p .m. The Council reco nvene d at 9 :30 p .m. Up on a call o f the r oll , the f ollowin were present : Counci l Members Williams , Sovern , Smith , Mann , Bro wn , Clayton , Taylor . Absen : No ne , The Mayor declared a quorwn present . * * * * * * John Criswell , bus iness address 3780 So uth Bro adway , appeared b efo re Council on behalf o f the residents of Kent Village. Mr . Criswell en ered into the rec o rd a list o f the resi dents of Kent Village wh o we re pres ent at the mee ing . Mr . Cri swell reviewed the history and sequence of events leading to this mee ing and entered in o the rec o r a memo from himself t o the Mayor and Members o f Ci ty Co uncil da ed May 9 , 1 977 Mr , Criswe ll sated t hat wha his Council is being asked to do is the same thing the Council in 1972 was asked to do -approve s omething with conditions , and if the present Council app r ov es th e plat then Mr . La rwin is released of any fu r ther compliances on this piece of l and. Mr . Criswell ent ered into the rec o rd a l etter with attachments from himself t o Mr . Jeremy D. Van Ness of the Landn g r oup and Mr . William Gaskins relating t o the restrictive covenants that were discussed in the meeting las t summer an d to which a verbal agreement was made, Mr , Criswell then stated that ~ir . Va h ,ess called him o n September 15 , 1977 t o info rm him that the bank would not agree with the covenants and would his peo p le app r ove a PD . Mr . Criswell stated that he has no t heard from the Larwin group since tha call . Mr . Criswell expressed co ncern over what was the equivalent of Pha!es 8 and 9 o n the development plan and if the plan was amended woul d i change the concept entirely . Mr . Criswell stated that Larwin has no t f ollowed he p lan in good fai h , o ne exam p le is that Larwin has not complied wi h the landscaping p lan and the City has not done anything t o enforce any such complian e . Mr . Criswe ll s gested t hat the City confron Larwin and f o rce the o r g aniza ion o do someth i ng . Counci lman Smith pointed o ut to Mr. riswell that any future Council or Planning and Zo ning Commission co uld change the zoning f o r that land ten years from now and that no decisi o n would be permanent necessarily. Councilman Smith asked Mr. Criswell if his gro up wa s more concerned ab o ut the additi o nal comm ercial buildings that might take place in this area or what is planned t o be built and those buildings blocking their view. Mr , Cr iswell stated that his group is fearful of backing up onto a comme rcial strip, which would be a mixture of traffi c , height and noise . * * * * * * • I • • I • December 12 , 1977 Page 8 I • • - Senator Go rdon Allot , 3427 S . Race Street , appeared befo re Co cil and stated that when he was looking for a house in Eng ewood , he called the City Clerk 's office wh o in turn referred him to Mr . James Supinger, Director of Community Dev e lopment at that time , to find o ut what future development was planned for land west of the property he was interested in . Mr . Supinger r~w out some plats and discussed the sit ation . Senator Allot stated he was concerned about any building o bstructing his view t o the west . Senator Allot recalle that Mr . Sup inger told him not to worry about any developments obstructing the scenic view . Senato r Allot stated that he relied on this information and , therefore , purchase his house in Kent Village . Senat r Allot also stated that he too has been convinced that Mr . Regan co uld develop he property maintaining the scenic view . City Attorney Berardini asked the Senator if his suggestion was to deny the approval o f the plat and hold the developer Larwin , in this case, t o the original submitted plan. Senatory Allot stated that approval or disapproval should be withheld until Larwin is contacted and placed in a os i ion to do something on the rest of the p lat . Councilman Mann asked what Mr . Criswell thought of that suggesti on . Mr . Criswell stated he preferred the approval with limi tati ons those being the height l imitati on and the PD over a straight approval, Upon a suggestion from Mr . Richard Brown , Mr. Criswell stated that possibly Council could accept this app ication from R.P .R. Brothers and force La rw in to submit plans f o r the remaining p o rtion of land, City Attorney Berardini asked Director Wanush if he had receive any evidence that Larwin could not develop the land as they had originally proposed . Director Wanush sta ted that he did not know if Larwi n could or could not develop the .land ; however, when Mr . Pogue met with the Pl anning and Zoning Co mmission he indicated th at the Larwi n group had no intention to develop it. Mr, Criswell stated the Mr . Pogue indicated to his group that Larwin was going to start developing this land for apartments . Mr, Gaskins added that he was also at the meeting with Mr . Pogue and Mr . Criswell and Mr . Pogue threatened to develop the land exactly as originally planned if things did not get started soon . City Attorney Berardini stated that the fact was clear that Larwin may sell the proper y but whoever buys the property is subject to the original plan unless the plan is ch anged . • I • • In r, - ( • December 12 , 1 0 77 Page o Coun cilman Smi soaping factor o n Phases to take issue on the res I of • • - has not complied 'With the land- s o pening up an o pportunity f o r the City er . Councilman Brown sta ed ha Mr. Criswell 's presentati o n was ace ra e and the Planning and Zoning Co mmiss ion did what was best a the time. o unc ilman Brown agreed that Larwin she ld be contacted and f orced t o do what is best f 0 r his area now . Co uncilman Sovern ecalled hac Larwin would have to build Phases 2 and 3 which included the Re rea ion Zone after a certain deve lopment took place and asked Dire o r Wanush if he remembered any such restriction , Director Wanush did no rec all hat specific restriction but did remember that Phases 1 and 4 would have to be built first because they were residential and that supportive Phases would foll ow, Councilman So vern stated that he distinctly recalled this restriction and thought that such a restriction would have a pr opriety bearing on Cou ncil 's action . * * * * * * COUNCIL MAN SMITH MOVED TO CLOSE THE PUBLIC HEARING ON THE HAMPDEN PROFESSIONAL PARK SUBDIVISION . Councilman Mann seconded the motion , Upon a cal l o f the roll , the vote resulted as foll ows : Ayes: Nays : Council Members Brown , Clayton , Williams , So vern , Smith , Mann , Taylor . None, The Mayor d eclared the mo ion carried, ****** CO UNC IL-IAN SMITH MOVED THE COUNCIL ADJOURN TO EXECUTIVE SESSION . Motion died for lack of a second. ****** CO\J.IICILMAN SMITH MOVED THAT THE HAMPDE N PROFESSI ONAL PLAT SUB - DIVISION BE PRESENTED AT THE STUDY SESSION ON DECEMBER 19, 1977 . Councilman Sovern seconded the mo t ion . Upon a call of the ro ll , th e vote resu lted as f ollows : Ayes: Nays: Council Members Brown , Clayton , Wi lliams , So vern , Smith , Mann , Taylor . None . The Mayor declared th e motion c a rried. * * * * * * • I • • - • • • • December ~2 , 1977 Page 10 CO UNCILMAN SMITH MOVED THAT THE MATTER OF THE HAMPDEN PROFESSIOt AL PARK SUB DI VISION BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCI L MEETIIlG ON DECEMBER 19 , 1977 , Co unc ilman So ve rn seconded the motion . Ci ty Manager Mcco wn stated that there were wo other important items that Co unc il want ed to discuss at the study session -the Civil Defe nse issue and deciding what s treets will be included in the Pavi ng District next year . City Manager Mcco wn as ked the Co un cil if study session should be moved up one ho ur . General co nsens us o f the Council was t o move the study session up to 4 :00 p .m. May o r Taylor asked that the letter f r om Co nsensus be placed on the study session agenda, also . Upon a call o f the r oll , he voe resulted as follows : Ayes : Nays : Council Members Brown , Clayto n , Williams , Sovern , Smith , Mann , Tay lor . No ne, The lay or declared the moti o n carried , * * * * * * COUI CILMAll WILLIAMS MOVED TO ADJOURN THE SPECIAL CITY COUHCIL . Councilman Sovern seconded he motion, Up o n a call of the r oll , the vo e resulted as follows : 10 :5 5 p ,m, Ayes : Nays : Co un cil Members Brown , Clayt on , Williams , So vern , Smi t h , Mann , Taylo r . None . The May or declared the motion carried and the eeting adj o urne d at ~uty City Clerk • I • • • SPECIAL MEETING : I • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO December 12 , 1977 1e The City Council o f the City of Englewood , Arapahoe County , Colorado , met in special session on December 12 , 197 7 , at 7 :30 p .m, May or Taylor , presiding , called the meeting to order . The invocation was given by Coun cilman Brown . The Pledge o f Allegian ce was led by May or Taylor . May or Tay lor asked for r oll c all . Up on a c a ll of the r oll , the following were present : Council Members Williams , Sovern , Smith , Mann , Brown , Clayton , Taylor . Absent : None . The May or declared a quorum present . Also present were : Ci ty Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Community De ve lopment Wanush Deputy City Cl erk Watkins * * * * * * Councilman Smith left the meeting at 7:35 p .m. COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLI C HEARING ON HAMPDEN PROFESSIONAL PARK SUBDIVISION . Councilman Sovern seconded the motion, Upon a call of the r oll , the vote resulted as follows : Ayes: Nays : Absent : Council Members Brown , Clayton , Williams , Sovern , Mann, Taylor . None . Council Member Smith , The Mayor declared the motion carried . * * * * * * • I • • - ( I • • - December 12 , 1977 Page 2 Councilman Smith re-joined the meeting at 7 :40 p .m. * * * * * * City Mana er Mc mm aske Di rec o r of Commun ity Development Wanush to appear before Council and make the staff presentation on the Hampden Professional Park Subdivision Fi nal Plat . Director of Community Development Wanush stated the purpose of the public hearing was to review the recocmendation from the Planning and Zoning Commission . Director Wanush review ed briefly he backgr o und on the plat anJ the recommendation from the Planning and Zoning Commiss i on relating to this case (#3 1-76) wh ich was to approve the Hampden Professional Park Subdivision with the foll?wing conditi ons : 1 . Buildings in the development of Hampden Professi on al Park shall not exceed two stories . 2 . All development of the Hampden Pr ofessional Park Subdivision shall be accomplished under a Planne d Development . 3 . If the Hampden Professional Park Subdivision is developed with professional office buildi ngs , the definiti on of "Pr ofes sio nal Office " shall be enfor ced throughout this de ve lopment . Dire ctor Wanush entered into he record the "MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REG ARDING ACTION OR RECOMMENDATIO N OF THE CI TY PLANNING AND ZONING COMMISSION " dated March 22 , 1977 , and the staff r e port relating t o case ( #31 -76). Directo r Wanush stated that he Co cil is being asked t o alter the forme r subdivision waiver tha was ranted in 1972 which is done by approving the subdivision plat . Direc or wanush fur her stated that the alterati o n would effect only part o f the land , i.e . Phases 8 and 9 , and the remaining land would still be un er hes b ivision waiver and all the conditions that apply . Director Wanush sur.-.::-.arized he d, velopmen plan of the Larwin Site noting that the projec was ~ope c rnpleted in nine phases ; but only Phase 1 and Phase 4 have been comple e and Phases 8 and 9 were up for discussion at this meeting . Direc or Wan sh poin ed o t tha Phases 8 and 9 were planned for 356 units originally . Director Wan sh sta ed that permits were issued for Phases 2 and 3 bu were never used . Director Wanush pointed out also that the original plan included height restrictions. Director Wanush then entered into the record Resolution No . 8 o f 1 72 that approved the Larwin Plan with the restrictions ; the Larwin Site Plan itself; and restrictive covenants of 1968. Director Wanush stated that the zoning change l from R-1-A to R-3 in 1971. • ) I • ( • December 12 , 1 77 Page 3 I • • - Councilman Smith asked City Attorney Berardini if the City s hould get involved in restricted covenan s. City Attorn ey answe red stati ng t hat there could be s ome legal pro blems and that restricted covenants really have no place in the City 1 s affai rs and should no be accepted by the City . City Attorney Berardini further stated that the zoning ordinances themselves act as restricti o ns on land use . Director Wanush stated that the Planning and Zoning Commission contends that the documents are not bindin and that the City Co uncil has the right to alter some of the conditions outli ned therein . Director Wanush info rmed the Coun cil that the applicant is R,P,R . Broth ers wh o is joined by Larwin Multi -Ho using Corpo rati o n, the actual owner of the pro perty . Director Wanush further info rmed the Co uncil that the R.P .R. Brothers has the option to purchas e he property . Director Wanush briefly discussed the proposed plans of R.P .R. Brothers o n the land use stressing that the zoning is R-3 and wi ll remain so . Councilman Williams asked Director Wanush t o define "waive r" as the word is being used at this meeting . Director Wanush stated th at the subdivision waiver was granted in 1972 and in effect removed certain processes for the completion of a sub- division , i .e . dedication of streets , parks , etc , because the entire tract of land was going to be a single ownership and a l l developments were going to be internal to thei r own use. Th erefore , the subdivision waiver wa s granted with conditions. Di re ctor Wanush stated hat o ther City departments were contacted to check the drainage, etc ., and he checks were appro ved . Director Wanush also stated that o utside concernr gran ed approval as well, i.e . Mountain Bell , Public Servic e , Highway Department and he Denver Water Board, Director Wanush stated the matter raises several iss ues . Those issues are 1) there will be no zoning change but a change from the old development plan; 2) all committments o r conditions can be changed by the Planning and Zon ing Commission and the City Council; 3) moral committments are involved ; and 4) not all the conditions on the plat are reasonable especial ~y the requirement of a PD for each separate building permit . Di rector Wanush entered into the record the "Findings of Fact " dated April 1 5 , 1977 from the Planning and Zoning Commiss i on relating to this matter . * II II II II COUNCILMAN SOVERN MOVED TO ACCEPT THE EXHIBITS AND DOCUMENTS PRESENTED TO THE PLANNING AND ZONING COMMISSION AS A PART OF THE RECORD. Co uncilman Mann • I • • ( • Decembe r 12 , 1977 Page 4 I • • • seconded the motion , Upon a call o f the r oll , the v ote resulted as follows: Ayes : Council Members Brown , Clayton , Williams , Sovern , Smith , Mann , Taylor . Nays : None . The Mayor declared the motion carried , * * * * * * Mayor Taylor asked the representa ive o f the R.P .R. Brothers o come befo re Council and speak on their behalf, William Caski ns , busi ess address 2785 N, Speer Blvd., Denver , appeared as legal counsel for R.P .R, Brothers , -Ir . askins stated that a verbal agree- men t am o ng the Larwin repres entative , the Kent Village Associati on and his client was reached some months ago , in whi ch res rictions and co nditions were concurred upon , Mr, Caskins stated that Mr . Criswell , representative of Kent Village , drew and presented a written agreement t o the Larwi n group based on the meeting. Mr , Caskins stated that there has been a corporate change in the Larwin o rganizati o n and the representative that was here can no longer represent Larwin o n this matter . Now , Mr , Caskins stated , the Larwin o r ganization will not sign any c ovenant what - soever . Mr . Caskins stated that he and his client then met with Mr, Calkins 'group and informed Mr . Calkins ' group that R.P .R. Brothers were willing to place covenants on their part since Larwin would not agree to signing any covenants of their own , Mr . Caskins propos ed tha this plat be approved subjec t o obtaining acceptable covenants with the Kent Village g r oup and to the four property owners immediately south of the property wh o were to be controlling members o f the covenants with the Cherry Hills people in 90 days . Mr, Caskins stated that if the convenants could not be obtained in 90 days then the plat would be withdrawn . Councilman Smith asked Mr . Caski ns if the o nly objection his client had was the height limi tati on . Mr , Caskins stated that his client did object to the height limitati on and a PD on each individual lot , Councilman Smith asked City Attorney Be rardini if the Council could legally approve an issue that is based on further private c o venants, City Attorney Berardini stated that the Council probably c ould not approve a plat based on conditions of a private covenant . City At torney Berardini stated that this policy is not good . City Atto rney Berardini commented that time was given t o wo rk out any problems among the people involved and final presentation should be given to Council at this meeting with no further stipulations , • I • • n • December 12 , 1 977 Pae 5 I • • - Cou ncilman Wi lliams asked Mr . Caskins if he c o nsidered a PD on the entire a r ea . Mr . Ca s kins stated that he and his client might co ns i de r a PD . Mr . Th omas Regan , 4981 S . Cl into n St ., stated that the City did sugges t a PD o n his first appro a ch ; but he did no t want t o do a PD because o f the amount o f time involved narrowing the flexibility in developing and selling sites in thi s locatio n . * * * * * * Mr . H. Har old Calk i n s , 1425 E. Jefferson , appeared befo re the Counc i l as legal c ounsel a nd interested citizen f o r prop erty owners directly s o uth o f the Plat . Mr . Calkins stated that he and his group were o r iginally o ppo nents to the development but now have been c o nvinced that Mr . Regan can not eco nomically develop the pro perty within the height limitati o n as pro p osed by the Planning and Zoni ng Commission . Mr . Calkins stated that he and his g r o up have c o nsidered the possibi lity of having the develo pment contr o lled by the City Development Ordinance but they think the o rdinance is not wo rkable in this situatio n because Mr . Regan is a l and develo per and separate owners wi ll a cqui r e the land at a later date , requiring the City t o study a PD everytime Mr . Regan wants to develo p a l o t . Therefo re , Mr . Calki ns stated , his group would like to a rrange t o have private covenants put o n the property so the people in the neighb o rh oo d would enforce them and free the City from being any party t o these co venants . Mr . Calkins outli ned some o f the terms of the agreement which were 1) some area s c ould have mo r e than two s t ories but must comply to the City 's o rdinanc e in measurement of heights ; 2) all buil dings wo uld meet R-3 zoning requirements ; 3) all buildings adjacent to Ham p den be set back 40 f eet f r om Hampden r ight-of-way s o t o deflect any traf fic noise ; 4) assured lands capi ng extending 24 feet from Hampden ; 5) offices wou ld be for limited use acco r ding to the pro fe ssional office zo ning o rdinances . Mr , Calki ns reiterated that this is a departure from the o riginal recommendation from the Planning and Zo ning Co mmission i n two respects: 1) hi s g r oup is willing t o change the bui l ding height to more than two stor i es and t o lift the burden o f submit t i ng a PD with each d e v elopme nt. Co uncilman Williams stated that he appreciated Mr , Calkins ' view on the restrictions o f Phases 8 and 9 which only concern him; however , he was concerned o ver what mi ght happen east of th i s land and was in favor of restrictions imp osed by the City . A lengthy di s c ussi on ensued over the requirement o f a PD for e a ch individua l develo pment site if an encompassing PD was no t submitted prior to the development of wh ole area . Mr . Regan stated he was under the o pinion that if a subdi vision plat was appro ved then all the develop er would have to do is apply for a building permit and show proof that the developer is complying wi th any covenants o n that piece of ground and with the zoning o rdinances . City At t o rney Berardini stated that the recommendati o n from the Planning and Zoning • I • • ~c r Pa~e ~ I • • - requ i r es 1 PD for each site. City Attorney Berardin i explai ned that a PD must be submi tted in this partic ular case when unde r o rdinary cir cumstances a PD would be an option . * * * * * * Co uncilman Sovern expressed concern o ver the need for g r ound rules o n this issue . Coun i man Sovern stated that the Council needs t o know wh at they can do and what they can not do , e .g . can the City approve ano ther subdivision wa ive r with restrictions; can the l an d owners use covenants as well as the City ; if the City can not do anything , then what a re the alternatives; and lastly , c an the Ci t y give the applicant any direction because no one can agree on the o bjec tives of this property . * * * * * * Mayor Taylor asked Director Wanush t o briefly restate what Council needs to consider at this meeting . Directo r Wanush appeared befo re Co uncil and explained t hat the Council needs to cons ider i f Mr . Regan s h ould be a l lowed o divide a piece of property into 15 separate parcels. Director Wanush stated hat he area is R-3 which allows a lot o f different type o f buildings o be construe ed in the area and because t here is s ome neighb o rh oo d o pposition , c o nditions o n the development h ave been r ais e d . The Planning an Zoning Commi ssio n responded to the visual obstruction by limi ting the buildings o t wo sto ries and place the requirement o f a PD on each s eparate piece so that people wo uld be kept informed on each plan of development . Di recto r Wanush advi sed the Co un cil th at a PD on each piece is the wr ong wrzy t o go because Mr . Regan wi l l not be the developer on the wh ole area and wi ll not exercise control on the whole area . Councilman So ve rn stated that the timeframe to s olve this p r oblem is t oo limited to allow for fur t her deliberation. Coun cilman Sovern s t ated that the conditi ons and to wh at degree the Co uncil can enfo rce the con diti o ns must be made known . If the City does not put cond iti ons on t hen there is n othing binding the develop er to put the covenants o n in a c on current fashi o n Councilman Sovern stated . Directo r Wanush stated that this is true ; however , t he o n ly thing binding would b e what the Council dictates plus the zoning ordi n a nce . Director Wa nush advised the Co uncil t o first hear al l the sides of the issue and then decide what the gro und rules should be . City Attorn ey Berardini also advised the Co uncil t o allow the remaining sides to vo ice their approvals a nd o bjecti o ns then the Co un cil should review all the material and arrive at a decision . Co ncilman Sovern also pointe d o ut that in effect if Coun cil app r oves the subd ivisio n, the waiver is remo ved and can be rep l aced with another waiver on whatever conditions Counc i l decides t o impose . • I • • - • December 12 , 1977 Page": I • • • ****** May or Taylor dec l ared a reces s at 9 :15 p .m. The Council reconvened at 9 :30 p .m. Upon a call o f the r oll , he f ollowing were present : Council Members Will iams , Sovern , mi th , Man n , Br own , Cl ayton , Taylor . Ab sent : No ne . The Mayor declared a quorwn present . ****** John Criswell , business address 3780 So uth Broadway, appeared befo re Co unci l o n behalf of the residents of Kent Vi l lage. Mr . Criswell entered into the record a l ist o f the residents of Kent Village wh o were present at the meeti ng . Mr. Criswell reviewed the history and sequence o f events l eading to this meeting and entered into th rec o r d a mem o from himself t o the Mayor and Members o f Ci ty Council dated May 9 , 1977 Mr . Cr iswell stated that what this Council is being asked to do is the same thing the Co uncil in 1972 was asked to do -appro ve s omething wi th conditi ons , and if the present Co un c il approves the plat then Mr. Larwin is released of any fu r t h er compliances on this piece of l and . , Mr . Criswell entered into the rec o rd a l etter with attachments f r om himself t o Mr . Jeremy D. Van Ness of the Larwin g r oup and Mr. William Gas kins relating to the restrictiv e c o venants that were discussed in the meeting last summer an d to which a verbal agreement was made. Mr . Criswell then stated that Mr . Van Ness cal led him on Sep ember 15 , 1977 to inform him that the bank wo uld no t agree with the covenan sand would his people approve a PD . Mr . Criswell stated that he has not heard from the La rwin group since that call. Mr . Criswell expressed concern over what wa s th e equivalent of Phaies 8 and 9 o n the devel opment plan and if the plan was amended would it change the concept entirely . Mr . Criswell stated tha t Larwin has no t followed the plan in good faith , one example is that La rwin has not complied with the l andscaping plan and th e City has no t done anythi ng o e nfor ce any such compliance, Mr . Criswell suggested t h a the City c o nfron Larwin and f o rce the o rganization o do s omething . Councilman Smith poi nted out to Mr . Cri swell that a ny future Council o r Planning an d Zo ning Commissio n c ould change the zoning for that land ten years from now and t hat no decisi on would be permanent necessarily. Councilman Smith asked Mr . Criswell if his group wa s more concerned about the a dditi onal c o mmercial buildings that mi ght take place in this area or what is planned to be built and those buildings blocking their view. Mr , Criswell stated that his g r o up is fearful of backing up onto a commercial strip, which would be a mix t ure o f traffic , height and no ise . * * * * * * • I • • ....... • December 12 , 1977 Page 8 1 • • - Senator Go rdon Allot , 3427 S . Race Street , appeared before Council and stated that when he was looking for a house in Englewood , he called the City Clerk 's office wh o in turn referred him to Mr . James Supinger , Direc t or of Co mmunity Dev e lopment at that time , to find out what future evelo pment wa s planned for land west of the proper y he was interested in . Mr . Supin er drew out some plats and disc ussed the situation . Senator Allot stated he was concerned about any building obstr cting his view to the west . Senator A lot recalled that Mr . Supinger told him not t0 wo rry about any devel o pme nts obstruc ting the scenic view . Senator Allot stated that he relied on this information and , therefore , purchased his house in Kent Village . Senat r Allot also stated that he too has been convin ed that Mr . Regan could develop the property maintaining the scenic view. City Atto rney Berardini as ked th e Senato r if his suggestion was to deny the approval o f the plat and hold the developer La rw in , in this case , t o the o ri gi nal submitted plan . Senatory Allots ated that approval o r disapproval sh o uld be withh e d until Larwin is contacted an placed in a p o sition t o do something o n the rest o f the p l at . Councilman Mann asked what Mr . Criswell tho ught of that suggesti on . Mr . Criswell stated he pref erred t he approval with limitati ons thos e being the height l imitati o n and the PD o ver a straight appro val. Up on a sug11;esti o n from Mr . Richard Brown , Mr . Cr iswell stated that pos sibly Co unc il could accept this appl icati on from R,P ,R. Br others and f o rce La rwi n to submit plans for the remaining p o rtion of l and . City Attorney Berardini asked Director Wanush if he had received any evidence that Larwin c o uld not develop t h e land a s t hey h a d ori ginally p r opo sed . Director Wanush s tated that he did not k now if Larwi n c oul d o r c ould not develop the land; however , when Mr . Pogue met wi th the Planning and Zoning Co mmissi on he indi ca·ed th at the Larwin group had no intentio n t o develo p i t. Mr. Criswell sta ed the Mr . Pogue indicate d to his g r o up that La rwi n was going t o start developing this land for apartments . Mr. Gas kins added that he wa s also a t the meeting with Mr. Pog ue and Mr . Criswe ll and Mr . Pogue t hrea t ened t o d evelop the l and exactly as originally planned i f things did not ge t started soon . ity Attorney Berardini stated that the fact was clear that Larwin may sell t h e proper y but wh o e ver buys the property is subject t o the o rigi nal plan unless the p lan is change d . • I • • ( • December 12 , 1977 Page 9 I • • - Co uncilman Smiths ated tha Larvin has no complied with the land- scaping facto r o n Phases 1 an d 4 thus o pening up an o ppo r uni y f o r the City to t ak e i ssue o n the rest o f the matter , Councilman Br own stated that Mr , riswe ll 's presentati on was accur at e and the Planni ng and Zoning Commiss ion did wha t was bes t at he time , Co uncilman Br own agreed hat La rwin s hould be contacted and forced t o do wha is best f or th is area n ow. Co uncilman Sovern recalled that Larwin would have to bui ld Phases 2 and 3 which i ncluded t he Re c reation Zone after a certain deve lopment t ook p l ace and asked Di r ecto r Wanush if he r emembere d any such r estri ction , Di re ctor Wanus h did not recall t hat specific restriction but di d remem ber hat Phases 1 and 4 would have t o be b ui lt first because they were residential and that supportive Phases would follow, Co uncilman So vern stated that he distinctly recall e d this restriction and thought that such a restriction wo uld have a proprie ty bearing on Co un cil 's a ctio n, * * * * * * COUNCIL MAN SMITH MOVED TO CLOSE THE PUBL IC HEARING ON THE HAMPDEN PROFESSIONAL PARK SUBDIVISION . Coun ci l man Mann seconded the moti o n. Upon a c a ll o f the roll , the vote resulted as f ollows: Ayes: Nays : Council Members Brown, Clayton , Wi l liams , So vern , Smith , Ma nn , Taylor . None. The May o r declared the mot i on c arried. ****** COUNCILMAN SMITH MOVED THE CO UNCI L ADJOURij TO EXECUTI VE SESSI ON . Motion died for l a ck of a second, * * * * * * OUNCILMAN SMITH MOV ED THAT THE HAMPDEN PROFESSIONAL PLAT SUB- DIVISlON BE PRESENTED AT THE STUDY SESSION O DE CEMB ER 19, 1977. Councilman Sovern seconded the motion . Upon a call of th e roll , the vote resulted as follows: Ayes: Nays: Co unc il Members Brown, Clayton , Williams , So vern , Smith, Mann , Taylor , None . The May or declared the mot ion carried, * * * * * * • I • • n ----------------~~-----, - • • • • December ~2 , 1977 Page 10 COUNCILMAN SMITH MOVED THAT THE MATTER OF THE HAMPDEN PROFESS IONAL PARK SUBDIVISION BE PLACED ON THE AGENDA FOR THE REGULAR CITY COUNCIL ME ETING ON DECEMBER 19 , 197 7 . Councilman Sovern seconded the mo ti o n . City Manager Mccown stated hat there were two other important items that Council wanted to discuss at the study sessi on -th e Civil Defense issue and deciding what streets wi ll be included in t he Paving District next yea r . City Ma nager Mcc own asked the Council if study session should be moved up one hr,w·. 4 : 00 p .m. General co nsen sus of the Counc i l was t o mo ve the study session up t o Mayor Taylor asked that he let er from Consensus be placed o n the study sessio n ag enda, also . Upon a call o f the roll , he vote res u l ted as f ollows : Ayes: Nays : Council Members Brown , Clayto n , Williams , Sovern , rnith , Mann , Taylo r . None, The May or declared he motion carried . * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL CITY COUNCIL . Councilman Sovern seconded the mo i on, Upon a call of the roll , the vote resulted as foll ows : 10 :55 p .m. Ay es: Nays : Council Members Brown , Cl ayton , Williams , Sovern , Smith , Mann , Taylor . None . The May or declar ed the motion carried and the me eting adj o urned at ~uty City Clerk • I • • ( • SPECIAL MEETING: I • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORAIX) December 12 , 1977 /{! Th e City Co uncil of the Ci ty of Englewood , Arapah o e Coun y , Colo rado , met in special sessio n on December 12 , 19 77, at 7 :30 p .m. May or Taylo r , pres i ding , called the meet ing to o rder. The invocation was given by Councilman Brown . The Pl edge of Allegiance was led by Mayor Taylor . May or Taylor asked for r oll call . Upon a call of the r oll , the following were present : Council Members Williams , Sovern , Smith , Mann , Brown , Clayton , Taylor . Absent : No ne . The May or declared a quorum present . Also present were : City Manager Mccown Assistant City Manager Cu r n es City Attorney Berardini Director of Community Development Wanush Deputy City Clerk Watkins * * * * * * Counc ilman Smith left the meeting at 7:35 p .m. COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING ON HAMPDEN PROFESSIONAL PARK SUBDIVISION . Councilman Sovern seco nded the motion. Up on a call o f the r oll , the vote resulted as f ollows : Ayes : Nays : Absent : Council Members Brown , Clayton , Wil l iams , Sovern , Mann , Tay l or . None . Co uncil Member Smith . The Mayor declared the motion carri ed . * * * * * * • I • • n • Decembe r 12 , 1977 Page 2 • • • Co un ci lman Smith re -j o ined the meeting at 7 :40 p .m. ****** City Manager Mcco wn as k ed Directo r of Community Development Wanush t o appear befo re Co nci l and make the staf f presentati on on the Hampd en Profe ssional Park Subdivisi on Final Pl at , Directo r of Community Development Wanush stated the purpo se of the public hearing was t o review the rec ommendat i on from the Planning and Zo ning Comm i ssion . Directo r Wanush reviewed b r iefly t h e backgr o und o n the plat an d the recommendati o n f r om the Planning and Zo ning Commission rel ating t o this case (#31-76) which was t o approve the Hampden Pro fessional Park Sub divisio n wi t h the following conditions : 1 , Buildings in the deve lopment o f Hampden Pr o fessi on al Park shall not exceed t wo sto ri es . 2 . All development o f the Hampden Professional Park Subdivision shall be accomplished under a Planned Development , 3 , If the Hampden Pro fessi o nal Par k Subdivision is d ~vel o ped with professional o ffi c e buildings , th e definition o f "Profes sional Office " shall be e n fo r ced througho ut this de ve lopme nt . Directo r Wanush entered into the reco rd the "MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING A TION OR RECO MME NDATION OF THE CITY PLANNING AND ZONING COMMISSION '' dated March 22 , 1977 , and the staff r epo rt relating t o case (#31 -76), Director Wanus h stated that the Council is being a s k ed t o alter he fo r mer subdi visio n wa i ver that was g ranted in 1972 which i s do ne by appro ving the subdivis i o n plat . Directo r Wanush f u rther state d th a t t h e altera tion would effect only part of the land , i ,e , Phas e s 8 and 9 , and the remaining l and wo ul d still be under the subdivision waiver and all the conditi ons that apply . Director Wanush summarized the de velo pmen plan o f the La r win Site noting that the projec t was to be completed in nine phases ; but only Ph a se 1 and Phase have been completed and Phases 8 and 9 were up f o r di scuss i on at this mee in • Dire ctor Wan us h p o inted o ut that Phases 8 and 9 were plann ed for 356 units ori g inally . Di r ector Wanush sta ed that permits we re issued for Phases 2 and 3 bu were never used . Directo r Wanush po inted o ut also that the original plan included h eight restricti o ns . Di recto r Wa nush then entered i nto the reco r d Res oluti o n No . 8 o f 1972 that appr oved the La rwin Plan with the restricti o ns ; t h e Larwi n Site Plan itself ; and restrictive covenants o f 1968 . Director Wanush stated that the zo ning ch ange u from R-1-A t o R-3 in 1 9 71. • I • • ( • December 12 , 1977 Page 3 I • • - Co uncilman Smith asked City At torney Berardi ni if the Ci y should g et invo lved in restric ed cove na nts, City Atto rn ey answered stating t hat t here could be s ome legal pro blems a nd that restricted cove nants really have no place in the City 's affairs and should not be accepted by the City . City At t o rney Berardini further stated that the zoning o rdinan ces themse l ves ac as restrictio ns on land use . Directo r Wanu sh stated that the Planning and Zoning Commission contends that the doc uments a re not binding and that the City Co uncil has the right t o alter some of t h e conditions o utlined therein , Director Wanush info rmed the Co uncil that the appli c ant is R.P.R . Br o thers vh o is j o ined by La n.in Multi-Ho using Co rpo ratio n , the actual ovner o f the pro perty . Director Wanush further info rmed the Council that the R.P ,R. Brothers has the o pti o n t o purch ase the property , Di recto r Wanush b riefly dis cussed the pro po sed p l ans of R.P .R. Br o thers on the l and use stressing that the zoning is R-3 and v ill remain s o . Co unci l man Williams asked Di rector Wanush t o define "vai ver" as the v ord is being sed at this meeting . Director Wanush stated hat the subdivision vaiver vas granted in 1972 a nd i n effect removed certain processes for the completion o f a sub- division , i .e . dedicati on of streets , parks , etc , because the entire tract of land vas going to be a single ovnership and all develo pments vere going to be internal t o their ovn use, Therefo re , the subdi vi sion vaiver vas granted vi th conditions . Directo r Wanush stated that o ther City departments v ere contacted t o check the drainage , etc ., and the checks vere appro ved . Director Wanush also stated that outside c onc erns g ranted approval as vell , i,e . Mountain Bell , Public Se rvi ce , Highv ay Department and the Denve r Water Bo ard , Di recto r Wanush stated the matter raises several issues . Those issues are 1) there vill be n o zo ning change but a change from the ol d development plan ; 2) all c ommittments o r conditions can be changed by the Planning and Zo ning Co mmissi o n and the City Council ; 3) mo ral committments are invol ved; and 4) not all the co nditi o ns o n the plat a re reason able especially the requirement of a PD fo r each separate biiilding permit . Director Wanush entered into the record the "F indings of Fact" dated April 15 , 1977 from the Planning and Zon ing Commission relating t o this matter . * * * * * COUNCILMAN SOVERN MOVED TO AC EPT THE EXHIBITS AND DOCUMENTS PRESENTED TO THE PLANNING AN D ZONING COMMISSION AS A PART OF THE RECORD, Councilman Mann • I • • Ir., ,.. n - ( December 12 , 1977 Page 4 I • • • seconded the mo tion . Up on a call of the roll , the vote resulted as follows: Ayes: Council Members Brown , Clayto n , Williams , So vern, Smith, Mann , Taylo r . Nays: None . The Mayor declared the motion carried . * * * * * * Mayor Taylor asked the representative of the R.P . R. Brothers to come before Council and speak o n their behalf . Wi lliam Gas kins , business address 2785 N. Speer Blvd ., Denver , appeared as legal counsel for R.P .R. Brothers . Mr . Gaskins stated that a verbal agree- ment among the Larwin representative , the Kent Village Association and his client was reached some mon hs ago , in which restrictions and conditions were concurred upon . Mr. Gaskins stated that Mr . Cri swel l , representative o f Kent Village , drew and presented a written agreement t o the Larwin group based on the meeting. Mr . Caskins stated hat there has been a corporate change in the Larwin o rganization and the representative that was here can no longe r represent Larwin on this matter . ) Now, Mr . Gaskins stated , the Larwin o rganization wil l not sign any covenan wh a t - soever . Mr . Gaskins stated that he and his client then met with Mr. Calkins 'gr oup and info rmed Mr . Ca]J{ins ' group that R.P .R. Brothers were willing to place covenants on thei r part since Larwin would not agree to signing any covenants of their own . Mr . Gaskins proposed that his plat be approved subjec t o obtaini ng acceptable covenants with the Kent Village group and to the four prop erty owners immediately south of the property wh o were to be controlling members of the covenants with the Cherry Hills people in 90 days , Mr, Gaskins stated that if the convenants could not be obtained in 90 days then the plat wo uld be withdrmm . Councilman Smith as ked Mr . Caskins if the o nly objection his client had wa s the height limitation . Mr . Gas kins stated that his client did object to the height limitati on and a PD o n each individual lot . Councilman Smith asked City A to /ney Berardini if the Co un cil could legally approve an issue that is based on i'urth er pri va e c ovenants , City Attorney Be rardini stated that the Council probably could not approve a plat based o n conditions of a private covenant . City Attorney Berardini stated that this policy is n o t good . City Atto rney Be rardini commented that time was given t o wo rk out any problems among the people involved and final presentation should be given to Council at this meeting with no further stipulations . __!,,_--~·-~-~--~~--~--· I • • • Decembe r 1 2 , l 77 Page 5 T • • - Co uncilman Wi lliams asked Mr . Cas kins if he co nsidered a PD o n the entire area . Mr . Cas kins stated that he and his client might consider a PD . Mr . Thomas Regan , 4981 S . Cl i nt o n St,, stated that the City did suggest a PD o n his first approach; but he did no t want to do a PD because of the amount o f time involved narrowing the f l exibility in developing and selling s ites in this location . * * * * * * Mr . H. Har old Calkins , 1425 E, Jefferson , appeared before the Co unci l as legal counsel and inter ested citizen f o r proper ty owners directly south o f the Plat , Mr . Cal k ins stated that he and his g r o up were o riginally o ppo nents t o the d e velopment but now have been c o nvinced that Mr . Regan can not economically develo p the property with i n the height limitation as propos ed by the Planning and Zoning Commission . Mr . Calkins stated that he and his gro up have considered the po ss i b ility of having the development contro lled by the City Development Ordina nce but they think the o rdinance t s not wo rkable in this situation because Mr . Regan is a land developer and separate owners will acquire the land at a later date, r e quiring the City to study a PD eve rytime Mr . Reg a n wants to develo p a lot . Ther efo re , Mr . Calkins stated , his gr oup would like to arrange t o have private covenants put on the proper ty so th e people in the neighb o rh oo d would D enfo rce them and f r ee the City from being a ny party t o these c o venants . Mr . Calkins outlined some o f t h e te rm s of the agre eme nt wh i ch we r e 1) some a r eas could h a ve mo re than t wo stories b ut mu st comply to the City 's o rdinance in measurement of heights ; 2) all b uildings would meet R-3 zoning r equirements; 3) all buildings adjacent to Hampden be set b ack 40 fe e t fro m Hampde n right-of-way so t o de flect any t raffic noise ; 4) assured landsca p ing extending 24 feet from Hamp den ; 5) offices wo uld be f o r limited use acco r di ng to the pro fessional office zoning o rdinances . Mr . Calkins reiterated that this is a departur e from the o r i gina l recommendation f r o m t he Planning and Zo ning Commiss i o n in tw o respects: 1) his g r oup is wi lli ng t o change the bui ldi ng height to more than t wo sto r ies and t o l ift the burden o f submitting a PD with eac h d e v e lopme nt. Councilman Wi lli ams stated that he appreciated Mr . Calkins ' view o n the restrictions o f Phases 8 and 9 whi ch o nly concern him; however , he was concerned o ver what might happen e ast of this l and and was in favo r of res trictions imp os ed by the City . A l engthy discussion ensued over the requirement of a PD f o r each individual develo pment site if an encompassing PD was no t submitted prior t o the developme nt o f whole area . Mr . Regan stated he was under the o pinion that if a subdivision p l at was a ppro ved then all the develop er would have t o do is apply f o r a bui ldi ng permit a nd show proo f that the develop er is complying wi th any covenants on that piec e of ground and with the zo ning o rdinances . City Attor ney Berardini stated that the recommendati on from the Pl anning and Zo ni ng • I • • • December 12 , 1977 Page 6 • • - requires a PD for each site . City Attorney Berardini explained that a PD must be s ubmitted in this particular case when under o rdinary circumstanc es a PD would be an option. * * * * * * Co un c i lman So vern expressed c oncern o ver the need f or r ound r l e s o n this issue . o unc i l ma n Sovern stated that the Co unc i l ne e ds t o k now wha they c an do a nd wh a t th ey c an no t do , e .g . can the Ci ty a p r ove a no ther subdivisio n wa i ver with restri c tio ns ; can the land owners us e c o ve nan s a s well as the City; i f t he City can no t do anything , then wh a a re theater ativ s ; and astl y , can t h e City give the applicant any directio n bec ause no o ne c an agree o n the o b jecti ves of thi s pro perty . * * * * * * May o~ Tay lor a s ked Directo r Wanush t o briefly restate wha Council needs t o conside r at this meeting . Director Wanus h appeared befo re Council and expl ained that the Co un cil needs t o co ns i der if Mr . Re g an sho uld be allowed t o divide a piece o f pro perty into 15 separate parcels. Director Wanush stated that the area is R-3 which allows a lo t o f different type o f buildings to be co nstructed in the area and becaus e there is s ome neighb or. oo d o pposition , c o nditions o n the development have been raised . The Planning and Zoning Commission respo nded to the visual obstruction by limiting the buildings to two stories and place the requirement o f a PD on each separate piece so that peo e would be kept informed on each plan of development . Director Wanush advised the Counc i l that a PD on each piece is the wrong way t o go because Mr . Regan wi ll not be the developer on the wh o le area and will not exercise control on the who le area . Co uncilman So vern stated that the timeframe to solve this problem is t oo limited to allow for further deliberation. Councilman So vern stated that the conditions and to what degree the Co uncil can enforce the conditi o ns must be made kn own . If the City do es no t put c onditi ons on then there is nothing binding the developer t o put the c o venants on in a c oncurrent fas hi o n Councilman Sovern stated . Director Wanush stated that this is true ; however, the only thing binding wo uld be what the Council dictates plus the zoning o rdinance , Directo r Wan sh advised the Co uncil to first hear all the sides o f the is s ue and t h en decide what the g round rul es should be . City Att o rney Berardini also advised the Council t o allow the rema1n1ng sides to vo ice their appro vals and objections then the Council should review all the material and arrive at a decision . Co uncilman Sovern also pointed out that in e ffect i! Council approves the subdivisio n , the waiver is removed and can be replaced with another waiver on whatever conditi o ns Council decides to impose . • I • • - • December 12 , 197~ Page 7 ,- • • - * * * * * * !ayer Taylor declared a recess at 9:15 p .m. The Council reconve e1 at 9:10 p .m. Up o n a call o f the roll , the following were presen : Counci 1 Members Williams, Sovern , Smith , Mann, Brown , Clayton , Taylo r . Absent : None, The Mayor declared a quorum present . * * * * * * John Criswell , business address 3780 South Broadway, appeared befo re Council on beh alf of the residents of Kent Village, Mr . Criswell entered into the reco r d a list of the residents o f Kent Village who were present at the mee ing . Mr, Cr iswell reviewed the history and sequence of events leading to this meet ing and en ered into the r ecord a memo from hiw~elf to the Mayor and Members of Ci ty Council dated May 9 , 1977 Mr . Criswel l stated that what this Council is being asked to do is the same thing he Council in 1972 was asked to do -approve s omething with condi ions , and if the p resent Cou n cil approve s th e plat then Mr. Larwin is released of a ny fu rth e r complia nces on this piece of land . Mr , Criswell ent e red into the record a l e tter with attachments f r om himself to Mr . Jeremy D. Van Ness of the Larwin group and Mr . William a.skins relating o the res rictive c ovenants that were discussed in the mee ing last summer and o which a verbal agreement was made, Mr, Criswell thens a ed that Mr . Van Ness called him on September 15 , 1977 to inform him hat the bank would no agre with the covenants and would his people approve a PD . Mr . r:swell sta ed that he has not heard from the Larwin group since that call. Mr . Cr iswe ll expressed concern over what was the equivalent of Pha!es 8 an d 9 on he development plan and i the plan was amended would it change the concept e tirely . Mr . Criswell stated tha Larwi has not fol owed he plan in no1 fai h , one example is t hat L rw in has not complied with the landscaping plrui and the City has not done anything to enforce any su h complian~e. r. riswel suggested that the City c o nfront Larwin and force the o rganiza io o do some.hi ng . Councilman Smith poi nted out t o Mr. Criswe ll that ar:y f· .ure Council or Planning and Zoning ommission co uld change the zoning for hat lan ten years f~om now and that ~o decision would e permanen necessarily. nouncilman rnith asked Mr . Criswell if his gro p was more concerned about the additional c onunercial buildings tha mi ht take place in this area or what is planned t o be buil and those buildings blocking th eir view. Mr. Criswell stated tha his group is fearful of backing up onto a comme r cial strip, which would be a mix t ure of traffic , height and no ise, * * * * * * • I • • ( ~ece~~er ~2, :9~7 Page 8 • • • Senator Gordon Allot , 3427 S . Race Street , appeared before Council and stated that when he was looking for a house in Englewood , he cal.le the Ci~y Clerk 's office wh o in turn referred him to Mr . James Supinger , Director _· Comr.iuni y Jevelopment at that time , to find out what. future developrr,ent was planneu for land west of the property he was interested in . Mr . Supin,:;er drew o t some p ~ts und Jiscussed the sit ation . Senator Allot stated he was concerned about any building obstr cting his view to the west. Senator Allot recalled -<;hat Mr . Supinger told him not o worry about any developments obstructine; the scenic view . Senat, r AlJot stated that he relied on this informativn and , therefore, purchased his house in Kent Village . en tor Allot also state1 that he too has been onvinced that Mr . Regan could develop the property maintaining the scenic view. City Attorney Berardini asked he Senator if his suggestion was to eny the approval of the pla and hold the developer Larwin , in this c ase, to the o riginal submi t ed plan . Senatory Allot sta ed that approval o r disapproval shou"d be withh e d until Larwin is contacted and placed in a posi ion to do something on the rest of the p l at . Councilman Mann asked what Mr . Criswell tho ht of that suggestion . Mr . Criswell stated he preferred the approval wit li mitati ons h os e bein the height limitati on and the PD o ver a straight approval, Upon a suggestion from Mr . Richard Brown , Mr, Criswell stated that possibly Council cold accept this app ication from R.P .R, Brothers and force La rwi n to submit plans for the remaining portion of land, City Attorney Berardini asked Director Wanush if he had received any evidence that Larwin could not develop the land as they had originally proposed . Director Wanush stated that he did not know if Larwin could o r c ould not develop the land; howeve r, when Mr . Pogue met wi th the Planning and Zoning Co mmission he indicated th at the Larwin group had n o intention to develop it, Mr. Criswell stated the Mr . Pogue indicated to his group that Larwin was oin o start developing this land for apartments. Mr, askins added that he was also at the meeting with Mr . Pogue and Mr . Criswell and Mr . Pog e threa tened to develop the land exactly as originally planned if hings did no get s arted soon . i y Attorney Berardini stated hat the fact was clear that Larwin may sell he proper y but whoever buys the property is subject to the origina: plan un ess the plan is changed , • 0 I • • ( • December 1 2 , 1 9 77 Page 9 ----, • • • Co uncilman Smith stated that Larwin has no t complied with the l and- scaping facto r on Phases 1 an d 4 thus o pening up an o pportunity for the City to take issue o n the rest of the matter . Councilman Brown stated that Mr. Criswel l 1 s presentation was accurate and th e Planning and Zo ning Commission did what was best at the time. Co unc ilman Br own agreed that La rwin should be contacted and f o rced t o do what is best f o r t his area now. Co uncilman Sove rn rec alled that La rwin would have to build Phases 2 and 3 which i ncluded the Recreation Zon e after a certain deve lopme nt took place and asked Director Wanush if he remembe red any such restr icti o n, Di re ctor Wanush did not recall t hat specific res tricti on but did remember that Phases 1 and 4 would have t o be built fi r st because t hey were residential and that suppo rtive Phases would follow, Co uncilman So vern stated that he dis tinctly recalled this restriction and thought t hat such a restriction would have a propriety bearing on Co un cil 's action , * * * * * * COUNCILMAN SMITH MO VE D TO CLOS E THE PUBLIC HEARING ON THE HAMPDEN PROFESSIONAL PARK SUBDIVISION , Coun cilman Mann seconded the mo tion. Up o n a call o f the roll , the vo te resulted as follows : Ayes: Nays: Council Member s Brown , Cl a;yto n , Wi l liams, So vern , Smith , Man n , Tay lor . None. The Ma;yor de clared the motion carried, * * * * * * COUNCILMAN SMITH MOVED THE COUNCIL ADJOURN TO EXECUTIVE SESSION , Mo ti on died f or l ack of a second , * * * * * * COUNCILMAN SMITH MOV EU THAT THE HAMPDEN PROFESS I ONAL PLAT SUB- DIVISION HE PRESENTED AT THE STUDY SESSI ON ON DECEMBER 19, 1977. Coun c ilman Sovern seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Co uncil Members Brown, Clayton , Williams , So vern , Smith , Mann , Ta;ylor . None , The Mayor declared t he motion carried , * * * * * * • I • • • I • • • December 12 , 1977 Page 10 COUNCILMAN SMITH MOVED THAT THE MATTER OF THE HAMPDEN PROFESS IONAL PARK S UBDIVI SION BE PLAC ED ON THE AGENDA FOR THE REGULAR CITY COUNCIL MEETI NG ON DECEMBER 19 , 1 977 . Co uncilman Sovern seconded the moti on . City Manager Mccown stated that there were two other i mp o rtant items that Council wanted to discuss at the study sessi on -the Civil Defense issue and deciding wh a t streets wi ll be included in t he Paving Dis t rict next year . City Manager Mccown asked the Council if study session sh ould be mo ved up on e hour . 4:00 p .m. General co nsensus o f the Co uncil was t o move the study session up to Mayor Taylor asked that the letter from Co nsensus be placed o n the study sessio n a genda , also . Upon a call o f the r o ll , he vote resulted a s follows : Ayes : Nays : Council Members Br own , Clayto n , Williams , Sove rn , Smith , Mann , Taylor . None, The Mayor declared the moti o n carri ed. ****** COUNCIL MAN WILLIAMS MOVED TO ADJOURN THE SPECI AL CITY COUNCIL . Councilman So vern seconded the motion , Up o n a call o f the roll , the vo te resulted as follows : 10 :55 p .m. Ayes : Na ys: Cou ncil Members Brown , Clayton , Williams , Sovern , Smith , Mann , Taylor . None . The May o r declared the mo tion carried and the meeting adjourned at ~ty City Clerk • I . - • • • • - AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 12, 1977 7 :30 P.M. Call to order, invocation, pl e dge of allegiance and roll call. 1. Public Hearing. (a) Continuation of a Public Hearing on Hampden Professional Park Subdivision. (Copies enclosed.) ~~~ City Manager • I • • ( \ • SPECI AL MEETING : , • • • COUNCIL CHAMBER S CITY OF ENGLEWOOD , COLORADO December 12 , 1977 The City Counc il of the City of Englewood , Arapah oe Co unty , Col o rado , met in special session o n December 12 , 1977 , at 7 :30 p .m. May or Taylor , presiding , called the meeting t o o rder . Th e invocation was gi ven by Councilman Brown . The Pl edge o f Alleg iance was led by Mayor Tay lor . May o r Tay lo r a sked f or r oll c all . Upon a call o f the r oll , the f ollowing were present : Counc i l Members Williams , So vern , Smith , Mann , Brown, Clayton , Taylo r. Abs ent : None . The May or declared a quorum present . Als o present were: City Manager Mccown Assistant City Manager Curnes City Atto rney Berardini Di r ector o f Co mmunity Develo pment Wanush Deputy City Cl erk Watkins * * * * * * Councilman Smith left the meeting at 7 :35 p .m. CO UNCILMAN WILLIAMS MOVED TO OPEN THE PUB LIC HEARING ON HAMPDEN PROFESSION AL PARK SUBDI VI SION . Counc ilman Sovern seconded the motion. Up on a call o f the roll , the v ote resulted as follows : Ayes : Nay s: Absent: Co unci l Members Br own, Clayton , Wil l iams, Sovern , Mann , Tay lor . No ne . Co uncil Member Smith . The May or declared the mo tion carried . * * * * * * I • • - • December 12, 1977 Page 2 • • • Councilman Smith re -j o ined the meeting at 7 :40 p .m. * * * * * * Ci ty Manager McCown asked Director of Community Development Wanush t o appear before Co ncil and make the staff presentati o n on the Hampden Profe ssional Park Subdivision Final Plat. Director of Community Development Wanush stated the purpose of the public hearing was to review the recommendation from the Planning and Zoning Commi ssion . Director Wanush reviewed b riefly the background on the plat and the recommendati o n from the Planning and Zoning Commission relating to this ca se (#31 -76) wh ich was to approve the Hampden Professional Park Subdivision with the foll owing conditions : 1 . Buildi ngs in the develo pment of Hampden Professional Park shall not exceed tw o stories . 2 . All development of the Hampden Professional Park Subdivision shall be accomplished under a Planned Development . 3 . If the Hampden Professional Park Subdivision is d eveloped with professional office buildings , the definition of "Profes si onal Office " shall be enforced throughout this developme nt . Director Wanush entered into the record the "MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION " dated March 22 , 1977 , and the staff r epo rt relating to case ( #31 -76). Director Wanush stated that the Council is being asked to alter the former subdivisio n waiver that was g ranted in 1972 which is done by approvin the subdivis i on plat . Director Wanush furthe r stated that the alteration would effect only part o f the land , i .e . Phases 8 and 9 , and the remaining land would still be under the subdivision waiver and all the conditions that apply . Director Wanush summarized the development plan of the Larwin Site notin hat the pro ject was to be completed in nine phases; but only Phase 1 and Phase 4 have been completed and Phases 8 and 9 were up for discus sion at this meetin • Director Wanush pointed out that Phases 8 and 9 were planned for 356 units originally . Director Wanush stated that permits were issued for Phases 2 and 3 but were never used . Director Wanush pointed out also that the original plan included height restrictions. Director Wanush then entered into the record Res olution No . 8 of 1972 hat approved the Larwin Plan with the restrictions ; the Larwin Site Plan itself; and restrictive covenants of 1968. Director Wanush stated that the zoning change J from R-1-A t o R-3 in 1971, • I • • ( • December 12 , 1977 Pag e 3 • • • Councilman Smith asked City Attorney Berardini if the City s h ould get involved in restricted covenants , Ci ty At torney answered stating that there could be s ome legal pro b l ems and that restricted covenants really ha ve no place in the City 's affairs and should not b e accepted by the City , City Attorney Berardini f rther sta ed that the zoning o r dina nces themselves act as restrictio ns on land use , Directo r Wanush stated that the Planni ng and Zoning Commiss ion contends that the documents a re not binding and that the City Co uncil has the right t o alter some of the c o nditio ns o utlined ther ein, Director Wanush informed the Coun cil that the applicant is R.P.R , Br o thers wh o is joined by Larwin Multi-Housing Corporati o n , the ac ual owner of the property . Directo r Wanush further i nformed the Council that the R.P .R. Brothers has the option to purchase th e property . Di recto r Wanush briefly dis cussed the propo sed plans of R.P .R. Brothers o n the land use stressing that the zoning is R-3 and wi ll remain s o . Councilman Williams asked Director Wanush to define "w aiver" a s the wo rd is being sed at this meeting , Direc t o r Wanush state d that the subdivisi o n waiver was granted in 1972 a nd in effect removed cer tain process es for the completi on of a sub- division , i .e . dedicati on of streets , parks , etc , because the entire tract o f land was go ing to be a single own ershi p and a ll develo pments were going to be internal t o their own us e. The refore, the sub division waiver was granted with conditions. Directo r Wanush stated t hat o ther City departments were co ntacted t o check the drainage , etc ., and th e ch ecks were appro ved . Director Wanush also stated that outside concerns granted a ppro val as we ll , i.e . Mount ain Bell , Public Service , Highway Depa rtment and the Denver Water Bo ard, Director Wanush s t ated the matter raises s e veral issues. Those iss4es a r e 1) there will be no zo ning change but a change f r om the old develo pment plan ; 2) all commitments or conditions can be changed by the Planning and Zoni ng Commissi on and he ity Co uncil ; 3) moral committments a r e involved; and 4) not all the conditi o ns o n he p lat are reasonable especi ally the requirement of a PD for each separa e b ilding permit . Director Wanush entered into the reco r d the "Findings of Fact " dated April 15 , 1977 from the Planning and Zoning Commission relating to this matter . * * * * * COUNCILMAN SOVERN MOVED TO ACCEPT THE E){}IIBITS AND DOCUMENTS PRESENTED TO THE PLANNING AND ZONING CO MMIS SION AS A PA RT OF THE RECORD, Co uncilman Mann • I • • n ( • December 12 , 1977 Page 4 • • - seconded the moti o n . Up on a call o f the roll , the vote resulted as follows: Ayes: Council Memb ers Brown , Cl ayto n , Williams , Sovern , Smith , ann , Taylor . Nays : None . The May or declare d the motion carried . ****** Mayor Tay lor asked the representative of the R.P .R. Brothe rs t o com e befo re Council and speak o n t heir behalf. Wil li am Gas kins , busines s address 2785 • Speer Blvd ., Denve r, appeared as legal couns el for R.P .R, Brothers . Mr . Gaskins stated that a verbal agree- men t among the Larw in representative , the Kent Village Association and his client was reached some mon hs ago , in whi ch restrictions and condi tions were concurred upon . Mr , Caskins stated that Mr . Criswell , representative o f Kent Village , drew and presented a written agreement t o the Larwin group based o n the mee ting . Mr . Caskins stated that there has been a corporate change in the Larwin o rganization and the representative that was here can no longer represent Larwin on this matter . Now , Mr . Caskins stated , the Larwin o r ganization wi ll not sign any covenant wh at- s o ever . Mr , Gaskins stated that he and his client then met with Mr, Calkins 'group and informed Mr . Calkins ' group that R.P .R. Broth ers were wi lli ng t o place covenants on their part since Larwin would no t agree o signin any covenants of their own . Mr . Gas kins proposed tha his pla be approved subj ec to obtaini ng acceptable covenants with the Kent Vi llage gro p and o the four property own ers immediately south of the pro perty who were o be contro11·ng members o f the covenants wi th the Cherry Hil ls people in 90 &.J~. 11.r, Cask ins stated th at if the convenants c o uld not b e obtained in 90 days then .e plat would be withdrawn . Co uncilman Smith asked Mr . Gaski ns if the o nly objecti on his cl ient had wa s the height limitatio n . Mr . Gas kins stated that his cli ent did object t o the height limitation and a PD on each individual lot . Councilman Smith asked 1City Attorney Be rard_ni if the Co un cil could lega lly appro ve an issue that is based on further private covenants, City Atto rney Be rardini stated that the Co uncil probably could not appr ove a plat based o n c o nditions of a private covenant . Ci t y Attorney Berardini st ated that this policy is no good , City Atto rney Be rardin i commen ed that time was given t o work out an y problems among the pe ople involved and final presentation sho uld be gi ven t o Co uncil at this meeting with no further stipulations , • I • • ·In ( • December 12 , 1977 Pa g e 5 • • - Cou nc i lm an Willi ams a sked Mr . Cas kins if h e c o ns i de r e d a PD on the entire area . Mr . Caskins stated t h a t he and his cl ient might co nsider a PD. Mr , Th omas Re g an, 49 81 S . Clinton St ., state d that t h e City d i d suggest a PD o n his first appro a ch ; b u t he d i d no t want t o do a PD bec aus e o f the am o unt o f time involved narrowin g t he f l exibility in deve loping a n d s e l ling s ite s in this location . * * * * * * Mr , H. Har ol d Calkins , 1425 E. Jefferson , appeared befo re the Co uncil as leg al counsel and interested c itizen f o r pro perty owners directly s o uth o f the Plat. Mr . Calkins stated that he and his g r o up were o riginally oppo nents t o the develo pment but now have been c o nvinced that Mr . Regan c an not eco no mically develo p the property within the height l imitati o n as pro po sed by t h e Planning and Zoning Commission . Mr . Calkins stated that he and his gro up have c o nside red the possibility o f having the develo pment c o ntro lled by the City Developme nt Ordinance but they think the ordinance is no t workable in this situatio n because Mr . Regan is a land develo per and separate owners will acquire the land at a later date, requiring the City to study a PD everytime Mr . Regan wants t o develo p a l o t . Therefo re , Mr. Calkins stated , his group would like t o a rrange t o h a ve private c o venants put o n the property so the people in the neighb o rh oo d wo u ld enfo rce them and free the City from being any party t o these c o venants . Mr , Calkins outlined some o f the terms of the agre ement which were 1 ) some a r eas could hav e mo re than two stories but must comply t o the City 's o rdinance in measurement of heights; 2) all buildings would meet R-3 zoning requirements ; 3) all buildings adjace nt to Hampden be set b ack 40 fe et fr om Hampden r ight-of-wa y so to deflect any traffic noise ; 4) assured landscaping extending 24 feet from Hampden; 5) o ffices would be f o r limited use acco rding t o the pro fessional o ffice zoning o rdinances , Mr , Calkins reiterated t h at this is a departure from the o riginal recommendation from the Planning and Zoning Commission in tw o respects : 1) his gro up is willing to change the building height to more than tw o stories and t o lift the 'burden of submitt i ng a PD with each d e v e l opme nt, Co un c ilman Williams stated that he appreciat ed Mr , Calkins ' view o n th e r estrict ions o f Phases 8 and 9 which o nly c o ncern him; howe ver, he was concerned o ver what mi ght happen eas t of this l and and was in favo r of restrictions imp os ed by the City . A lengthy d iscussio n ensuec over the requirement o f a PD f o r each indi vidual d evelopment s ite if an encompassing PD was not submitted prio r t o t he development o f wh o le area. Mr . Regan stated he was under the o pinion that if a subd ivi s i on p l at was a ppro ved then all the developer would have t o do is apply f o r a bui l ding permit and show proof that the devel oper is c omplying with any c ovenants on that piece of gro und and with the zo ning o rdinances . City Atto r ney Berardi ni stated that the recommendati o n from the Planning and Zo ning • I • • • December ~2 , 977 Page 6 • • - requires a PD fo r each site. City Attorney Berardini e xplained that a PU must be s ubmitted in this particular case wh e n under o r dinary circums t ances a Pil would be an option. ****** Councilman Severn expressed concern ov .r the need for round rules on this issue . Councilman S'.J"ern stated that the Council needs to knm, what they can do and wha they an not jo , e .g . can the City approve another subdivision waiver with restricti~ns; can the and owners use covenants as we ll as the City ; if the City can not do anything , then wha ar-= the alternaL·res; and astly , c n the City g·ve the app icant any directi on because no on e can agree on the objectives of this property . ****** Mayor ':'aylor asked Director Wanush to bri efly restate wha t Co cil needs to consider at this meeting . Direc or Wan sh appeare be1'ore Council and explai ne d that the Counci ... needs o onsider if Mr . Re gan should be allowed to divide a piece of property into 15 separate parcels. Director Wanush s tated that t he area is R-3 which allows a lo uf different type of buildines to be constructed in the area and because there is SQm e neighb orhood o ppositi on , condi ions on the aeve opme have been raised . The Planning and Zoning Commission responded o the visual bs ruction by limiting the bu'ldings to t wo stories and lace he requirement of a PD on each separate piece so that people would be kept informe on each plan of developme nt . Director Wanush a dvised the Co un cil t at a PD o n each piece is the wro ng way t o go because Mr . Regan wi ll not be the developer o n he wh ole area and will not exe r cis e contr o l on the whole a r ea . ounci man So vern stated that the time frame to s olve this p r oblem is oo limi ed to allow for further delibe ration, Councilman Sovern s t ated that the conditions and t o what degree the Co unci l can enfo r ce the 'con ditions must be made kn own . If the City does not put conditions on then tbere is nothing bindine the developer to put the c ovenants on in a concurrent fashion Co uncilman Sovern stated , Director Wanush stated that this is true ; however , the only hing inding would be what the Council dic tates pl s the zoning ordinance. Director Wanush a dvised the Coun cil t o first hear all the sides of the issue and hen de cide wh a he ground rules should be . City Attorney Berardini also advised the Cou nci l to allow the remaining sides to VJice their approvals and objecti o ns then the Council should review all the material and arrive at a decision . Co cilman Sovern also pointed out that in effect if Council approves the subdivision , the waiver is removed and can be replaced wi+h another waiver on whatever condi ions ounc i l decides o impose • • I • • ( ( • December 12 , 1977 Page 7 • • - * * * * * * Mayor Taylor declared a recess at 9 :1 5 p .m. The Council reconvened at 9 :30 p .m. Up on a call of he roll , the followi ng were present : Council Members Williams , Sove rn, Smith , Ma nn , Br own, Clay on , Taylor . Absent: None. The Mayor declared a quortun present . ****** John Criswell , business address 3780 So uth Bro adway , appeared befo re ouncil o n beh alf of the residents of Kent Vi l lage, Mr . Criswell entered into the record a l ist o f the residents of Kent Village who were presen a the meeting . Mr, Criswell reviewed the history and sequence o f events leading to this me et ing and ent ered into the rec o rd a memo from hi mself t o the Mayor and Members of Ci ty Co uncil dated May 9 , 1977 r . Criswe ll stated that what this Council is being asked to do is the same thing the Council in 1972 was asked t o do -appro ve something with conditions , and if the present Council approv es the pla t then Mr. La rwin is r eleas e d of a ny f ur t h e r complianc e s on t h i s piece of l and. Mr . Criswell entered into the record a l etter with a t tachments f r om himself to Mr . Jeremy D. Van ess of the Larw in g roup and Mr . William Caskins relating to the restrictive covenants that were discussed in the meeting last summer an d to which a verbal agreement was made, Mr. Criswell thens a ed that Mr . Van Ness called him on Sep ember 15 , 1977 to info rm him that the bank would not agre e with the covenants and would his peo le approve a PD . Mr . Criswel l stated that he has not heard from the Larwin group since that call . Mr . Criswell expressed co ncern over what was the equivale nt of Phaes 8 and 9 on the development plan and if the plan was amended would it change he concept e tirely . Mr , Criswell stated that La rwin has not fol cwed he plan in good aith , one example is that Larwin has not comp ied wi h he landscaping plan and he City has not done anything to e force any such compliance. -1r . Criswell s gested that the i y confront Larwin and force he r rganizat ion o o something . Councilman Smith po inted out to Mr. Criswe ll tha any f ture Co uncil or Planning and Zoning Commissio n could change he zoning or tha land ten years frcm now and that no decision would be permanen necessarily. Councilman Smith asked Mr . Criswell if his group wa s more concer n ed abou the a dditional commercial buildings that might take place in this area or what is planned to be built and those buildings blocking their view. Mr . Criswell sated that his group is fearful of backing up ont o a commercial strip , which would be a mix ture of traffic , heigh and noise. * * * • • • • I • • • December 12, 1 7 Page 8 • • - Senator Gordon Allot , 3427 S . Race Street, appeared before Council and stated that when he was looking for a house in Englewood , he calle the Ci y Clerk 's office wh o in turn referred him to Mr . James Supinger , Director of Connnuni t.';l Dev elopment at that time , to find out what future evelopment was planned for land west of the property he was interested in . Mr . Supinger drew out some plats and iscussed the situation . Senator Allot stated he was concerned about any building obstructing his view to the west . Senator Allot recalled that Mr . Supinger told him not to worry about any developments obstr cting the scenic view , Senator Allot stated that h relied on this ·nformation and , therefore, purchased his house in Kent Village . Senator Allot. also stated that he too has been convinced that Mr . Regan c ould develop the property maintaining the scenic view , City A torney Berardini asked the Se na or if his suggestion was to eny the approval o f the plat and hold the developer Larwir., in this case , o the ori ina submitted plan . Senatory Allo stated that approval or disapproval should be withhe d until La rwin is contacted and placed in a position to do something on the r st of the plat , Councilman Mann asked what Mr . Criswell t hought. of that s gestion . Mr . riswell stated he preferred the approval with limitations those being the height limitation and the PD over a straight approval, Upon a sug estion from Mr . Richard Brown , Mr, Criswell s a ed that possibly Council could accept th is application from R. P .R. Brothers and force Larwin o submit plans for the remaining porti on of land, City Attorney Berardini asked Director Wanush if he had receive any evidence that Larwin could not develop the land as they had original y propos ed . Director Wanush stated that he did not know if Larwin could or could not develop the land; however , when Mr . Pogue met with the Planning and Zoning Co mmission he indicated th a the Larwin group had no intention to develop i t, Mr. Criswell stated t.he Mr . Pogue indicated to his group that Larwin was going to start developing his land for apartments , Mr. askins added that he wa s also at the meeting with Mr . Pogue an Mr . Criswell and Mr , Pogue threatened to develop the land exactly as originally planned if things did no t get started soon . Ci y A torney Berardini stated that the fact was clear that Larwin may sell the proper ;, but whoever buys the property is subject to the original plan nless the plan is changed . • I • • ( • December 12 , 1977 Page 9 • • • Councilman Smith stated that Larwin has not complied with the land- scaping factor on Phases 1 an d 4 thus o pening up an opportunity for the City to take i ssue o n the rest of the matter . Councilman Brown stated that Mr. Criswell 's presentation was accurate and the Planning and Zoning Commission did what was best at the time . Co un cilman Brown agreed that La rwin should be contacted and forced to do what is best f o r t his area now. Councilman Sovern recalled that Larwin would have to build Phases 2 and 3 which included the Recreation Zone after a certain deve lopme nt took place and asked Director Wanush if he r emembered any such restricti on . Director Wanush did not recall t hat spec ifi c restriction but di d remember that Phases 1 and 4 would have to be built first because they were residential and that supportive Phases would follow. Co unci lman So vern stated that h e distinctly recalled this restrictio n and thought that such a restriction would have a propriety bearing on Council 's action . ****** COUNCILMAN SMITH MOVED TO CLOS E THE PUB LIC HF.ARI G ON THE HAMPDEN PROFESSIONAL PARK SUBDIVISION . Councilman Mann seconded the motion . Upon a call of the roll , the vote resulted as foll ows: I Ayes: Council Members Brown , Clayton , Williams, Sovern , Smith , Mann , Taylor . Nays : None. The Mayor declared the motion c arried. ****** COUNCILMAN SMITH MOVED THE COUNCIL ADJOURN TO EXECUTIVE SESSION . Mo ti o n died for lack of a second. ****** COUNCILMAN SMITH MOVED THAT THE HAMPDEN PROFESSIONAL PLAT SUB- DIVISION BE PRESENTED AT THE STUDY SESSION ON DECEMBER 19, 1977 , Councilman Sovern seco nd ed the motion. Upon a call of the roll, the vote resulted as foll ows : Ayes : Nays: Co uncil Members Brown , Clayton , Williams , Sovern , Smith, Mann , Taylor . None . The Mayor declared the motion carried . * * * * * * • "',- I • • - • December Page 10 ) .kL , 1 77 • • • COUN ILMAN SMITH MOVED THAT THE MATTER OF THE HAMPDEN PROFESSIONAL PARK SUBDIVI IO, BE PLACE ON THE AGENDA FOR THE REGULAR CITY CC1WICIL MEEI'I:l G ON DECEMBER 19 , 1977 , Counci man Sovern seconded the motion . City Manage r Mccown stated that there were two o ther impor ant i terns that Council wanted to discuss at the study session -he Civil Defense issue and deciding wh at streets will be included in the Paving Dist rict next ye~r . ity Manager Mcc own asked the Council if study session sho ld be moved up or,e hour . 4 :00 p .m. General consensus o f the Coun cil was to move the study session up to Mayor Taylor asked hat the letter from Consensus be plac don the study session agenda , also . Upm~ ' call of he roll , the vote resul ed as follows : Ayes : Nays : Council Members Brown , Clayton , Williams , Sovern , Smith , Mann , Taylor . None. The Mayor declared the motion carri ed . ****** CJUNCIL 1AN WILLIAMS M::lVED 70 ADJOURN THE SPECIAL CITY COUNCIL . Councilman Sovern seconded he mo ion. Upon a call of he roll , the vote resulted as follows : Ayes : Nays: Council l'embers Brown , Clayton , Williams , Sovern , Smith , Mann , Taylor . None . The Mayor declared the mo ion carried and the meeting adjourned at 10 :55 p .m. ~u y City Clerk • I • • • -• • //) /~-11 ROL L CALL Moved Seconded A 1ve N av Abstain Absent Williams Sovern sm, th Mann 13 rown .:::L- c1avton Mayor l avlor V j )' •,,t I 1'-'} / ) // ~' /c 1 t..U' ) (--/j.,/,___ u 1,1 J I J ./ ( ,,.I_} -- , I) j11 ) l',U Ct ;/fJ-, , , 1<,11 ) IQ /~ "-J) I / I ---;. l 1 -, l I J C, ,,. _, .._J ,.,, 0 0 tJ. i I ../ • I . • • • • • ROL L CALL () -J.J M d S d d ove econ e A 1ve N av Ab t f s a n Ab t sen Williams V Sovern V Sm1tn V Mann . v- Brown -k-i/' Clayton i..--- Mayor Taylor V' 0 I . • • • • -• • ...ii ROLL CALL Mov ed Seconde d Ave Nav Absta in Absent I/ Wi 11 i ams V' v-Sovern 1./" smitn i---- Mann v" Brown ~ v c I ayton J./ Mayor laytor v ) / ( /1 ,., , ,..- 7 // I ) l C,l../ , ) ) (< <.../ )1 / J v '--- T, ·j 0 I ) .,,-~/_ ,;, 0 0 • I . • \ • • • • - • • - RO LL CALL Moved Seconded Ave Nav Abstain Absent Wi 11 i ams Sovern sm1tn Mann llrown <:'.Ill. Clayton Mayor lavl or '--r ( jl a tc... ) a'° !l /I ,,,,,__. ~_,1 I/ , , , 1 ( ) I I'( I (" - I (..)L.., "', .I / i,U ) -~ (( ~ V /I ) ) / ) 1' ./ I (' .J{. -I A ,,. /,_.; .,,/) .__ li J )/ vJ , -/. . >1 ..l, 7 /u " ~ ' / 0 :J f-.3 1· I~ J. /, e, '--/11 i i I ) {,,t j ,, /1 ( ,,.-j..J. I I -")) J J.._.,. ',( I L (/ I I 1 .,uel. , (} I I ) i > 7 / t'v_./ ._/ v;...... V ' I ' • r2,( I, ) i' "L )"0 J t ~ I : >J • A I .L l I • • • • • - • - ROLL CALL M d S ove d d econ e A \Ve Nav Abstain Absent Will iams Sovern :::.mitn Mann Brown ~ c1ayton Mayor Tavlor A--:'J .;. .,. ( (< _, ;/ ;'l · (,) I L / ,.._,, (J. u . h /, ( '-:, J J / -d, ,A ) ..... .I .........J ...... , ; ' /) t, <' • I " J ( . I /'i I '1.( I :.) '-I ' 0-/ ) ., / ,, . .I ' I ,,.-. /:"I; /.· '1o k ~ , ) . " .. • ( 4 ,; ' ( (! 1: _,. I (.I !./ ~ ,._ __,, I <?...- ..,I -I-- I ., t· ' ,t J 1J I (: ..,I , I • • I ..J I u I. ) I I) • • /)-2 :r l.l ,, ~ /. I ll,( I .., -7 ( .( / .A.. I l/ J J I • • • - • • ROL L CALL Moved Secon de d A e Na Abstain Absent Wi 11 i ams ~ c--,,_ J I ::.,t'. I ..; (J.. '-' I rf ,_ ~ ~ o_,,,_ I , I L ' /1 C°' I ' it {I ) t:.I' I --...!. _y ' ;; f ;...;< .,_ .f'.J '( ( ' (?.._ 1 ~ I .,.... 7 (/' /l -d 01 . ~ :;._, I().(' ' I-...) , r> o I.,. 1$ ;.,{/0 .) LI J J /l J '1 u .. .-.... ,t,_ f I .( • {,,., I I ) . I l ' r } r , .. _, -(i C l1 L_; I" lr.._...t ._, f ' /t t ' J /)\ I I '/ '. w ( ur \ I t' ........ I ,, ,. , </ rl..., 0 ~ -I vj' { ' 1 ... )' , -f CI ) { I / u .. ..,,. ' I J I ..,, --- _./ r, 1:: .,.I ) 1 • < I .,, • • • •• ln n • • • ROL L CALL M d S ove d d econ e A we Nav A bstain A bsent Wi 11 i ams V 1/ Sover n 1./"" Sm1th 1/-' V' Man n ~ Brown ~ L---' c 1ay t on '"""' Mayor 1ay1or L,-- ; ./. ( I ] I • • • • • • - • • - RO LL CALL Moved Seconded A we Nav Abstain Absent Williams Sovern ::,mn n Mann Brown ~ c;1ayton Mayor Tavlor 1 I I I ""'lu ~ 1 .,I ) C / ,I ) -(I I I ' ,( I" l ) \ l./1 "" /.: I j ..) 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G Ab t 1 s a n Ab t sen J.., I Ii I' I l ( I ,_, I !,; I I ; I • • • • • • ROLL CALL Moved Seconded A e Na Abstain Absent 1/nd!Y/ JLl--C , 3 <+~ 1 cS ~~ ~0 / 6'1../ /1._./\.(. -V--' ~ 1-1.., ~ r'L-C ( / · · ~ f 1 v~ t) -01 -I J (~;<...J 1 ' ll ~. { (b 1 [/' di lu I)' ) iJ '6 I~ /. u ,._;~ S,~J .t, t .;,"' c-v '} v., µ-U ,J /' >1 ~. / !L l'l,( J ,.,' ' u {).,. ) ( I ( (~ (!L~·.J K) & '>· '"'~ -IO l 'J .~ ~ I ' -J J ,/} }/ .,L -CJA t :< ~ . ) J J.-;l-0'..) <:f C IU ; /,, ~1 ~ l't/; ~?''1:r r 1t v .4&,1~ w J • • v ., ... Avl c..-J )(J.,(..; 1~ I • • n • - • • ROL L CALL Moved Seconded Ave Nav Abstain Absent Wi 11 iams Sovern ::.m1tn Mann Br own--"' Cla yton Mayor Tavlor I j fa O t? .{. 1 ~ -() I.,.,{. J 'J.,_£ ~ / • f l • ~ ,[ v';J } .( / l ? ' /U-(. 1 L/)-f :.r: ,./; ,.../ /_ t -{, I ., I '1. /' .J O j r._) v ~ I t ( h \\ .{I.(< t I ~I V 1; !fli (_.(, hi. ~t {.!,~~ 0 ,l ./ (~ I /!'"'t. e-1 1 1 --:., / )' /; ( ,, V / I/tic ./ . /C. t? I ]l.___,1 -/ .J I ) • ) , -/'-. I ' V ~ J •' l ' / ~ j dJ. -/J 1. f 2,l.( ) u 1/. ~(.<,..~ /'' tu ~ V . ( . u L.,·K,, /£.vii a 'vi...d4J ' l {1 . t I • • • • • • • - ROLL CALL Mo ved Seconded Ave Nav Abstain Wi 11 i ams Sovern smn n Mann .. I . llrown _. c; layt el"n , - ijt l I 21 h ( j0 · II-r A I Mayor Ta.vlor . ... .{..,.<..., ~ c .. · .'/ fi OJI 1-v .., _) 1 OJ , -L&;v I' L_ f /,, /t., J ( ~ 'J /> 1..4 L. { ' 1-i I I ) (j ( 5.. h I {/-;/:I j) • ·JI C/J I ') I":· 7 (.,. -, ..( J . ) ...... "" Yu j (, 1 :; LI r': ( ) q ,,; V v /: /J I . -ti: ._/ I.A I I 'N ,!, I • L,. It . ,( -p /J Y' ', . j • •• Absent ;/ .,/ '-v ./ I) l f-/ J<....) ;: ) I {. l~tt c.( I • • I r:t -. n - • • • • ROLL CALL Mo ved Seco nde d A e Na Ab stain Absent )1 J -/ )1 ,,l I') ' V J -(] Y\ :;/ ~. " I )!....J-.A ,I '-)I., 5 J le. I ~l~ L (). )I~ j, l) )) I ·I. V <. 'f;/ 1 .R_ <!,, j, J I / ·1, 1 11...,. ..;..., I I ', ? ,, , ,,... , if • 1 I ,~, , ~ .~ , I) a ~ J J. r '_• ' ./,'t....JL.) (;'"',IJ· II .,l .. { • >vc •/_(. (~ ~ . -~ ~ , •1 , n -'·., -"-,/ I I ' ; j I -" V ..., -v-< tc."':") @l /.l ; ; rtfi --:--·-·,..-··-··· ·-··--=··,· --.... •·--..... ... . .. . ---.. ._ .. ·--------~- • •• , I • • 'l n - M ed S ov ( d O 01 1 .) C, • • • • • RO LL CALL d d econ e Williams Sovern ::,m1th Mann Brown ~ Cl aytor1' • Mayor Tavlor I J 1../:V.)./ ~ )) Ave Nay ) ' / •• Abs tain Absent ) I) I . • • -• • - ROL L CALL Mo ve d s d d econ e A \Ve Nav Abs ta 1 n Ab sent Wi 11 iams V" Sovern v-, __ ::.m1th 1.,/ ~ Mann """ Brown ·:,,lk""' I,,/"' Clayton ' I.,,"' Mayor Ta ylor V' .;-, • • I • • • • • - - ) • • M d S ove I/ 1 / d d econ e J.....-' • • • ROLL CAL L A \Ve Nav Abstain Absent Wi 11 i ams ,._, Sovern v ::.m1t n , __ Mann ,_- Brown V Clayt on 1- Mayor Taylor I/ • •• • •• • - • • ROLL CALL M d S d d A ove econ e \Ve Nay Abstain Absent Williams ,..., L--Sovern ,_.. , ....---m1tn !.,,-" ann I.,/ ~rown V" layton v- _l"layor I ay I or 1-"" ~I> D I ,C ( • I . • • •• n • • • ROLL CALL M d S d d A N ove econ e \Y e av sta n sen ~ Wi 11 iams ' Ab Ab t /.,"" Sovern :>m1th Mann tlrown 1..1ayton Mayor Taylor ) I . • • • • - ( ( ( ( • • • • M E M O R A N D U M TO: City Manager McCown FROM: DATE: Richard S. Wanush , Director of Community Development December 8, 1977 SUBJECT: Addendum to 8 /1 9/77 Report re: Hampden Professional Park The Public Hearing which was scheduled for August 22, 1977, to consider the Hampden Professional Park Subdivision Plat was postponed at the request of the parties involved in order to give them an opportunity to reach an agreement . That Hear- ing was continued until Septembe r 26 , 1977, and , as before, the Hearing on September 26th was postponed until October 31, 1977. On Thursday , October 27, 1977 , the applicant, Tom Regan of R.P.R. Brothers, Ltd., contacted the Planning Division and stated that he had just been advised by his attorney that it would take at least two more weeks to finalize the agreement between Larwin Multi-Housing Corporation, Kent Village Asso- ciation and Cherry Hills Village, and asked that the Hearing again be postponed. At the special meeting of the City Council on October 31, 1977 , the Hearing was continued un ti l December 12, 1977, upon a motion by Cquncilman Sovern which was seconded by Councilman Mann. RSW /DAR :ew I • • I o l"."1 ( ' • • - MEMORANDUM TO: FROM: DATE: City Manager 1 M/-own Richard s.f~~bush , Director of Community Development August 19,1977 SUBJECT: Sequence of events relative to the Hampden Professional Park Subdivision BACKGROUND: The Acting Director of the Department of Community Develop- ment and the Department Heads, or their assistants, of the Utilities Depa rtment, Public Works Depar t ment and Fire Depart- ment, together with the City Attorney, started meeting with representatives of Larwin Multi-Housing Corporation and persons interested in purchasing specific pha se s 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 of 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-Presi dent of Larwin Grou p, Inc., met with the Planning Commiss io n at the members• request and the Commission told Mr. Pogue that the sit e must be platted before any ol 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 Development sent a certified letter to Mr. Pogue, again pointing out the necessity for platting. There was no reply. In the meantime, the Acting Director discussed the matter with the City Attorney, other Department Heads and the Com- mi ssion. It was generally agreed that the primary purpose for requiring a Subdivision Plat was to obtain dedicated right- of-way for the internal s treets, East Girard Avenue and South Gilpin Way, which are P-ow private and which do not meet City standards. Since it was fairly obvious that Larwin would not Plat, it was decided that we c ould accomplish the same thi ng by requiring individuals to Plat the l and they purchase and dedicate the rights-of-wa y to City standar ds before they could develop the land. •• I • • n - • • • - .City Managei Mccown August 1 9, 1977 Page -2- Mr. Tom Regan, R. P. R. Brothers, Ltd., and Emmett Curry on Mr. Reg an's behalf, contacted the staff and t old of Mr. Rega n's int ent to purchase Phas es 8 and 9 of the Larwin site. Mr. Rega n was told that the portions of the right-of-way for East Girard Avenue and South Gilpin Wa y which are adj acent to those phases would have to be dedicat e d to the City to City standards and Phases 8 and 9 platted if they were to be divided. Mr. Rega n and his architect worked with the var i ous C ity De part- ments to d eve lop a Preliminary Design for Hampden Professional Park Su b div ision. 10/12/7 6 R . P. R. Brothers, Ltd., 460 South Marion Parkway, Suite 154, Denver, Colorado 80209 and Larwin Mul ti- Hou si ng Co rpora tion, 16255 Ve ntura Boulevard, Encino, California 91436, submitted an application tor approval o f a Subdivision Plat for Phases 8 and 9 of the plan approved by Planning Commission Resolution No. 8, Series of 1972. 10/19/7 6 The City Planning and Zoning Commission considered the Preliminary Plat for the Hampden Professional P ark Sub- division an d approved the Preliminary Plat subject to : 1. No lot could be less than 24,000 square feet in area. 2. 3. 4. 5. A 50 foot in ternal right-of-way would be dedicated . ' Necessary easements would be pro vided fo r utility service. A 60-foot right-of-way would be dedicated for East Girar d Avenue adjace nt to the s ubj e ct l an d. An add endum to the Drainage Plan would be submitted which would be approved by the Director of° Public Works. 6. The Final Plat would mee t the r equire ments of the Subdivision Re gulations. 12/2 1 /76 A Public He aring on the Final Plat as scheduled ; but •• I • • \ . • Cit y Mana ge~ Mccown Au gust 19, 1977 Page -3 - • • - because some of the information was determined not to be in order by Assistant City Attorn ey DeWitt, it was not held, 1 /4 /77 A Public Hearing was held on the Final Plat of the Hampden Professional Park Subdivision. Purs u a nt t o the Subdivision Regulations and State Statute, notice was sent to all of the property owners "immediately adjac e nt " 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 Commi ssion 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 membe rs o f the Planning Commission on behalf of the Kent Village Associa- tion, asking that the Hearing be reo pe ned. 2 /23/77 The Commission passed a motion to reopen t he Public Hearing on March 8, 1977. 3 /8 /77 The Public He aring on thf' Final Plat of the Hampden Pro- f ess ional P a rk Subdivision was r e opened --Notice having bee n sent to property owners within and adjacent to the en t ire Larwin site. The Planning Commission denied approval o f the Pl at . • I • • - / ( • • • • City Manager Mccown August 19, 1977 Page -4- 3 /22/77 Findings of Fact denying approval of the Final Plat were considered by the Commission. During the discussion of 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 #31-76, the Hampden Professional Park Subdivision. A motion was made and approved to recommend the Final Plat to the City Council with the following conditions: r / 1. Buildings could not exceed two stories. l 2. All development must be accomplished under the Planned Development District. The definition of "Professional Office" must be strictly enforced if the site is developed with professional offices. 4 /5/77 The Findings of Fact approving 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 relative to the Hampden Professional P a rk Subdivision. 4/21 /77 An appeal was filed on behalf of R. P.R. Brothers, Ltd. relative to the action taken by the Planning Commission on March 22, 1977. 5 /9/77 The City Council opened the Public Hearing on the Hampden Pro f essional Park Subdivision Plat and at the request of Mr. William Caskins, attorney fo r the applicant, the Hearing was postponed until June 13, 1977. The reason the postponement was requested was to give the applicant, Larwin and the cpponents an opportunity to reach a mutual agreement on restrictions on the Larwin property which lies adjacent to Kent Village, which in turn mi ght minimize the objections now directed toward the Hampden Pro f essional Park Subdivision Plat • • I • • ....... • • • • • City Manager Mccown August 19, 1977 Page -5- 6 /13/77 Again, the City Council postponed the Public Hearing at the request of the applicant's attorney until July 11, 1977. All of the interested parties had met and while Larwin and Kent Village had reached an agreement, discussions were still going on between Regan, Larwin and Cherry Hills Village residents , 7/11/77 Once again, a thirty-day postponement of the Public Hearing was requested and upon being polled prior to the time of the Hearing, the City Council agreed to postpone the Hearing until August 8, 1977. 7/18/77 gw City Council took official action to postpone the Public Hearing on the Hampden Professional Park Subdivision Plat until August 22, 1977. I • • In n • • • • • -29- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING co~mISSION. DATE: April 5, 1977 SUBJECT : Findings of Fact: Hampden Professional P ark Subdivision Plat RECOMMENDATION: Don Smith moved: Wade seconded: The Planning Commission approve the Findings 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 ~ecording Secretary __ ;r~ /'L ··/ ~ / ·:.r () • • I • • I r:, ,.., ( '( • • • • -JU- CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN TI-lE 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 '69 ENGLEWOOD ) MUNICIPAL CODE. ) The Preliminary Plat of the Hampden Prof essional Park, which is the subject of Case #31-76, was considered on October 19, 1976, and a Public Heari ng was held in connection with Case No. 31-76 on January 4, 1977, in the City Council Chambers at the Englewood City Hall. On February 23, 1977, the City Planning and Zoning Commission voted to reopen the Public Hearing relative to 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. Those members of the City Planni ng and Zoning Commission who wer e present during the Public Hearing were: Mr. Jorgenson, Mr. Owens, Mr. Parker, Mrs. Pierson, Mr. Don Smith, Mr. Ed Smith, Mr. Tanguma, Mrs. Wade and Mr, Williams. No members were absent. At the conclusion of the Public Hearing on March 8, 1977, a motion to deny the approval of the Subdivision Plat was made by Mr. Williams. Those members of the City Planning and Zoning Commission who voted in favor of the motion were: Mr, Jorgenson, Mr. Owens, Mr. Park er, Mrs. Pierson, Mr. Ed Smith, Mr. Tanguma, Mrs . Wade and Mr. Williams. Mr. Don Smith v oted against the motion. No memb ers were absent, and no members abstained from voting. At the next regular meeting of the Ci t y Planning and Zoning Commission on March 22; 1977, a motion was made to ap- prove the Findings of Fact and Conclusions in Case No. 31-76, which motion received no second. A motion was made by Mr. Ed Smit h and seconde d to reconsider Case No. 31-76. Those persons voting in f avor of the motion to r econside r were: Mr. Owens, Mr. Don Smith, Mr. Ed Smith and Mrs. Wade. Those persons who vote d in opposition to the motion to reconsider were; Mr. Parker , Mrs. Pierson and Mr. Williams. Those persons · who were a bsent: Mr. Jorgenson and Mr. Tanguma, The Chairm a n ruled that the motion to reconsider had passed. • I • • -• • - -31- FINDINGS OF FACT --- ( Upon review of the evidence taken in the form of · I ~ test imony, presentations, records, reports, fil e d do c um ent s a nd the minutes of the mee tings of the City Planning and Zoning Commission at which the Hampden Professional Park Sub- divi sion was c onsidered, the Commissi on makes the following ,Findings of Fact, 1. That an application for approval of a Subdivision Plat , to be ide ntified as Hampden Professional Park, was fil e d on October 12, 1976, on behalf of R. P. R. Brothers, Ltd ., Thom as J. Regan, President, having offices at 460 South Marion Parkway, Suite 154, Denver, Colorado 80209. 2. That R. P.R. Broth e r s , Ltd, holds a c ontr act to purchase the land which is the subject of this applica tio n fr om Larwin Multihousing Corporation, 16255 Ve ntura Boul e vard, Enci no, California 91436, and that Larwin joins in the platting. 3, That the land which is pro pose d to be platte d is described as f ollows: Co mmenci ng at the South one-quarter c orn e r of said S e ction 35; thence N 0 °11' 47 " E and a long the We st line of the Southeast on e -quarter of sai d S ect ion 3 5, 90,00 f ee t to the point of beginning, sai d point being on the North line of East Ham p den Avenue; th ence on an a ngle t o the left of 90 °14'04" and along said North line and along a cur ve to the left having a radius of 796.00 feet, a central_ angle of 20 °39'58", an arc distance of 301.00 feet to a point 30.00 feet Northerl y from the South line of the Southwest one-quarte r of said S ec tion 35; thence S 89 °15'19" Wand parallel with said South line 337.68 f ee t to a point 30.00 feet Easterly from the West line of the East one-half of the Southeast one-quarter of the Southwest one- quarter of said S e ction 35; thence N 0 °09'38" E. an d parallel with said West line 650.20 feet; thence S 89°50 1 22" E. 207.70 fee t to a point of curve; thence along a curve to the left having a radius of 160.88 feet, a central angle of 36°00'00", an arc distance of 101.08 feet to a point of reverse curve; thence along a cur ve to the right having a radius of 196,50 fee t, a ce ntral angle of 39°50'44", an a rc d istance of 136.65 feet to a point of tang e ncy; thence S 85 °5 9'38" E and along s aid tange nt 36.79 feet to a point of cu rve; thence along a c urve to the r ight having a radius of 186.50 feet, a ce ntral ang l e o f 44 °09'15", an arc distance of 143,72 feet to a poin t of compou nd curve; th e n ce along a curve to the right having a radius of 114.00 feet, a central angle of 29 °01'11", a n arc distance of 57.74 feet to a po i nt of tangency; thence S 12 ° 49'12" E a nd along said tangent 70,7 9 feet to a point of curve; t h e n ce along a curve to the left having a ~adius of 183,00 fee t ; a central angle of 65°13'40", an arc distance o f 208.33 feet to a point of ta n ge ncy;_ thence S 78 °02' 52" E and along ____ .. __ _ I • • • • • -32- said t a n g ent 54.10 feet to a point of .curve;· thence a long a curve to the left having a radius of 506.00 feet a c e ntral angle of 16 °50'04", an arc distance of 148 67 fe;t. th e nce S 0°41'18" E, 96.96 f~et to a point of cur;e; then~e a long a curve to the left having a radius of 177.93 feet a ce n tral angle of 15 °34'30", an arc distance of 48.37 f e et to a p o int of ~e v e r s e curve ; th e nce along a curve to the right h a ving a r~d1us of 387.76 feet, a central angle of 16°13'31", an arc distance of 109.81 feet to a point of tangency· thence so• 02'17" E and along said tangent 60.00 feet to; point on the North li~e of East Hampden Avenue; thence s 89 °57'43" wand along_s~1d North line 371.16 feet to the point of beginn i n g · conta1n1ng J2.276 acres, -~ore or less. ' 4. That at a meeting of the City Pl a nning and Zoning Commi s sion on October 19, 1976, a motion was ma de by Mr. Don Smith and seconde d by Mr. Parker, to approve th e Pr e liminary Plat of the Hampden Professional Park Subdivi sion su b ject to the following conditions: (1) The size of each of t h e 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 Reside nce District. If a high-de nsity residential development is pro p osed, two lots could be combined to meet the 42,000 square foot minimum lot ar e a requireme nt. (2) The proposed 50 foot right-of-way through the c e nter of t he subject site will be dedicated as shown on t h e Pr e l i minary Plan and a name for that stree t shall be deter- mi ne d and it shall be so identified on the Final Plat. (3) In order to provide for acc e ss for utility se rvi ce , e ase men ts of a width of no less than ten feet (5 ft. on each side ) s hall be established along all side and r e ar lot l i nes . (4) The necessary land will be d edicated f or Eas t Gir ard Pl a ce to make it a 60 foot right-of-way r a t h e r than the ex ist i ng 40 f oot width. (5) A drainage plan shall be included as a part of th e Final Plat. Such drainage plan shall me e t t he re qu i reme nts set by the Director .of Public Works. (6) Ther e shall be compliance with all of the p ro v i s ions of §12-3-26 of the Subdivision Re g ulations in pre- p aring the Final Plat. Those memb e rs voting in favor of the motion were: Mr. Jones, Mr . Jorgenson, Mr. Park e r, Mrs. Pierson, Mr. Don Smith, Mr. Ed Smith, Mr. Tanguma and Mrs. Wade. Those members voting a g ainst the motion: None. Those members who were absent: Mr. Willi a ms. I • • -n - ·~ • • • • -33- 5. That a Final Plat was prepared pursuant to §12 -3-26 and §12-3-27 of the Englewood~Colorado Subdivision Regulations Title 12, Chapter 3 of the '69 Englewood Municipal Code, as ' amended, and the conditions imposed upon the Preliminary Plat were met. 6. That a Public Hearing was held on January 4, 1977 an d a rehearing was held on March 8, 1977, to consider the Final Plat of the Hampden Professional Park Subdivision, identifi ed as Case No. 31-76 and that due Notice was given of those Hearings. 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 Page 29 in the office of the Arapahoe Cou nty Clerk and Recorder. 8. That the land, described as follows, which was the subject of Resolution No. 8, Series of 1972, was annexed to the City of Englewood by Ordinance No. 17, of 1962. The SW 1 /4 SE 1/4 of Section 35, Township 4 South, Range 68 West EXCEPT those portions described in Book 789 at Page 548 and in Book 1143 at Page 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 65 7 at Page 30, in Book 662 at Page 299, and in Book 1143 at Page 497. 9. That the City of Englewood z on ed the land for business use by Ordinance No. 23, Series of 1963, and by Ordinance No. 26, Series of 1963, and that these actions were in v alidated by District Court Decree a nd the land reverted to R-1-A, Single-family Reside nce. 10 . That the land was then z oned R-3-A, Multi-family Residence by Ordinance No. 28, Series of 1967. 11. That J. J. Carey came into possession of the land which was to be later covered by Resolution 8, Series of 1972, on January 2, 1968, and, purporting a desire "to develop and improve the above described real property .into an attracti ve and d es irable urban community area", prepared and recorded, on that same date, a Declaration of Protective and Restr ictive Covenan t s which provided that "Any residential de v e lo pment on all or part of the above described real property sha ll be limited to, and may not include more than 1500 residential units." 12. That said Restrictive Covenants run to the City Planning and Zoning Commission of the City of Englewood, and • • I • • • • • - · -34- may be enforced only by said City Planning and Zoning Commission, an d that sa id Restrictive Covenants may be waived, amende d or ot h e rwise c hanged by sa id Commission. 13. That J. J. Carey did not execute the plans for de velopment he had exhibite d at the time he was discussing t he zoning of the land and that the land was later sold to Larw in Multihousing Corporation. 14. That after having purchased the 55 acre tract which had been the subject of the Carey application, Larwin fi led an application for approval of a Planned Devel opm ent on the subject site on June 8, 1972, together with a request for a Waiver to the requirement for Platting said site, because it was to be developed as a Planned Development under the pro- vis ions of §22.4A, Planned Deve lopmen t District, of the Com- prehensive Zoning Ordinance. 15. That Larwin Multihousing Corporation withdrew the application for Planned Development after r e aching an un- derstanding with the administ ratio n that the site could be de- v e loped as a unit under the provisions of a Subdivision Waiver, §l2-3-3(b) of the Subdivision Regulations of the City of Eng lewood. 16. That on October 17, 1972, ·the City Planning an d Zoning Commission issued a Subdivision Waiver to Larwin Mult ihousing Corporation by Reso lution No ·, 8·, Series of 1972 and that certain conditions, identified as Attachment "8", and a plan identified as Exhibit A, a "general developm e nt plan" were attached to and made a part of the Subdivision Waiver, which Waiver is recorded in Book 2069 beginning at Page 29 in the office of the Arapahoe County Clerk and Re- corder. 17. That the general development plan div ided the si te into nine "ph ases", each phase to be developed with multi- fam ily dwelling units totalling 1500 dwelling units in all, the internal access to wh ich units was by wa y of private road- way s which did not meet the sta nda rds of §12-3~40-and §12-3-41 of the Subdivision Reg ulat io ns. 18. That Building Permits were issued to Larwin Mu ltihousing Corporation to construct 368 dwelling units in Phase I and 239 dwelling units in Phase IV, as identified in the ge neral d eve lopment plan. 19. That said Waive r was subject to the conditions atta ch e d the r e to and was to cease its effectiveness at s uch time as the present owner (Larwin Multihousing Corporation) or a ny s uccessor in title fails to continue to comply with sa id conditions, and that the Commission has the authority to amend s aid Waiver. 20. That at no time, was this matter acted upon officially by the Englewood City Counci l • • • I • • - (. ( ( (( • • • - -35- 2~. That Roy J. Pogue, Vice Pr esident of Larwin Group, Inc. 16255 Ventura Boulevard, Encino, Ca li fornia, tol d the City Planning and Zoning Commissi on on Janu a ry 20 , 1976, that Larwin did not own ei ther the land or the buildings in Ph ases I and IV, and that Larwin is in the process of liquidating t heir assets throughout the United States because Larwin secured a large amount of unsecured obligations and fell into default. 22. That Mr. Po g ue was told as a representative of Larwi n, that "the entire site would have to be subdivided, which direction was reaffirmed in a l e tte r to Mr. Po gue dated July 16, 1976, at the direction of t he City Pl a nning and Zoning Commissi on. 23. That having thus been informed that the develop- ment which was the subject of Resolution No . 8, Series of 1972 , would not be completed, and no effor t was to be made by Larwin to plat the land, it was d e t ermined that the position would be taken that the division of the property into nine phases is de facto by virtue of the Subdivision Waiver, and that any further division of one or mor e of those phases would have to be accomplished in accordance with Article II of the Subdivision Reg ulations, and that it is within the authority granted to the City Planning and Zoning Commission to so proceed. 24. That throughout the many years of consideration of the property d escr ib e d above in Finding of Fact No. 8, both t he City and the residents and property owners were of the opinion that the applicants acted in good faith and would com- plete the proposed development5. 25. That the land was zoned R-3, High Density Residence by Ordinance No. 52 of 1975, which District permits d e velopment c onsistent with the high concentration of persons and land va luation, including high-density residential types of structures astwell as various institutions and offices for the use of . ~r fessiona l purposes. ' . I • 1 • 26. That the area o f the Hampden Professional Park ubdivision is approxim ate ly 12 acres , including perimeter and ·nternal street rig ht-of-way and that the Subdivision would p lat t he land previously identified as Phases VIII and IX of the gener a l development plan into two blocks, Block 1 having eig ht lots and Block 2 having seven lots, each lot c ontaining one-ha lf acre or more in area . 27. That the Final Plat of the Ha mpden Profess ional Park Subdivision is in compliance with §12-3-26 and §12-3-27 of the Subdivision Regulations. 28. That Mr. John We lles' testimony reveals that ther e wou ld be a substantial increase in traffic as the Subdivision is proposed a nd Mr. J. D. Willis indicated that it would be essentially unfeasible to d e v e lop structures in excess of two stories in v iew of the off-s tre e t park ing requir e ments • ) I • • .( • • • -36- CONCLUSIONS l, That proper publ ic notice was giv en of the Public He aring which was held on J anuary 4, 1977, a nd of the Reheari n g, which was held on March 8, 1977. 2, That the app lication for approval o f the Sub division Plat identifie d as Hampden Profes sional Park applies to Phases VIII and IX of the ge n era l development plan, identified as Exhibi t A, which is attached to and a part o f a Subdivis i on Waive r issued to La rwin Multi-housing Corporation by Resolution No. 8, Series o f 1972, at a meeting of the City Plannin g and Zoning Commission on October 17, 1972. 3, That the approval o f the Ha mpden Pro fessional Park Subdivision Plat would alter the ge neral development plan approved by Re solution No. 8, Series of 1972, 4, That the subject land is z oned R-3, High De nsity Residence, 5. That the R-3, High-Density Residence District, adopted by Ordinance No. 31, Series of 1972, permits high d e nsity residential development as we ll as other speci fied uses, including pro fe ssiona l offices. 6, That the powers of the City Planning and Zoning Commission are those granted by Statute, City Chart e r and Ordina n ce and i n no instance has said Commission been delegated the a uthority t o make legislative decisions as to zoning, that authority being held only by the City Council, 7. That the City Council did not act on the applica- tion o f Larwin Multihousing Corporation for a Subdivision Waive r and therefore it cannot be interpreted that the conditions identified as Attachm e nt "8" in Resolution No. 8, Seri e s o f 19 72, constitute "zoning" of the land which is the sub ject of that Resolution . 8, That the City Planning and Zoning Commission , upon determining that the plans of both J. J. Carey and Larwin Multihousing Corporation have necessarily b ee n aborted, and that it is in the best interest o f the community to am en d the Protective and Restrictive Covenants and the Subdivision Wa i ver , do c s have the authority to waive, amend or otherwisi change both the Protective and Restrictive Covenants, recorded in Book 1740 at Page 753 and Resolution No. 8 , Se r ies of 1972, as recorded in Book 2069 beginning at Page 29, 9. That the Final Plat of the Hampden Professional Park Subdivision is in compliance wit h Tit le 12, Chapter 3 of the '69 Englewood Municipal Code, otherwise known as the Sub- Division Regulations, and that the area of the lots wo uld comply with the minimum lot area requirements of t he Comprehen- sive Zoning Or dinance. I • • n n - /_ • < • • • • -37- lo ·. That a quorum of the Commission was present and the motion to reconsider Case No. 31-76 was in order. 11. That the following motion was made, seconded and approved at the meeting of the City Planning and Zoning Commission on March 22, 1977: 12 . That in order to alleviate traffic problems, the City Planning and Zoning Commission finds it necessary to reduce the height of buildings t o be constructed within the Subdivision to two stories . Don Smith moved: Ed Smith seconded: The Planning Commission rec ommend to City Council approval of the Hampden Professional Park Subdivision, as set forth in Case #31-76, with the follow- ing conditions made a part of the approval: (1) Buildings in the development of Hampden Professional Park shall not exceed two stories. (2) All development of the Hampden Professional Park Sub- division shall be accomplished under a Planned Development, (3) If the Hampden Professional Park Subdivision is developed with prof essional office buildings, the following definition of "Professional Office" shall be enforced throughout this developme nt : "Professional Office: The office of a p e rson engage d in any occupat io n, vocation, or calling, not purely commercial, mechanical, or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or g uiding them in serving their interest or welfare through the practice of an act founded the reon, s uch as medical doctors, dentists, attorneys-at -law, architects or engineers." AYE S : Don Smith, Ed Smi th , Wade, Owens NAYS: Pierson, Parker ABSENT: Tanguma, Willi ams, Jor ge n s on The motion carried • • • I • • n n - - C: • < • • • • -38- RE CO MMENDATION 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 s ub ject to the conditions attached the r 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 following members voted 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. Pi e rson. Those me mbers absent: Mr. Jorgenson, Mr. Tanguma and Mr. Williams. By Order of the City Planning and Zoning Commission . Judi th Beggs Pier , Chairman . .,,_.~ ~City Planning & Zoning Commission • I • • In ( • • • - -22- MEMORANDUM TO THE ENGLEW OOD CITY COUN<;:IL REGARDING ACTION OR RE COMMENDA TION OF THE CITY PLANNING AND ZONING COMMISSION DATE: March 22, 1977 SUBJECT: RECOMMENDATION: Don Smith moved: Hampden Professional Park Subdivision Final Plat Ed Smith seconded: The Planning Commission recommend to City Council approval of the Hampden Professional Park Subdivision, as set forth in Case #31-76, with the follow- ing conditions made a part of the approval: (1) Buildings in the development of Hampden Professional Park shall not exceed two stories. (2) All development of the Hampden Professional Park Sub- division shall be accomplished under a Planned Development. (3) If the Hampden Professional Park Subdivision is developed with professional office buildings, the following definition of "Professional Office" shall be enforced throughout this development: "Professional Office: The office of a person engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural in which a professed knowledge or sk i ll in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon, such as medical doctors, dentists, attorneys-at-law, architects or eng ineers." AYES: Don Smith, Ed Smith, Wade, Owens NAY S : Pierson, P arker ABSENT: Tanguma, Wil liams, Jorg e nson The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. Ge rtrude G. Welty J ;' ~ Recording Secretary I • • In n ,: \ I'{ ( • STAFF RE PORT Page -1- STAFF REPORT RE : ,. • • - SU BDIVISION PLAT Case #31-76 Public He aring on the Final Plat for Hampd e n Prof e s s ion a l P a rk Subdivis ion. DATE TO BE CONSIDERED: January 4, 1977 NAME OF APPLICANT: R.P.R. Brothers, Ltd. (Thomas Reg an) 460 South Marion Parkway Suite 154 Denver, Colorado 80209 Larwin Multi-Housing Corporation 16255 Ventura Boul e vard 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. Regan is the person from RPR with whom the staff has been working. The Sternberg Partnership is the archit e ctural firm , and Genge/Meurer Serafini Inc. the Engineering firm, employed 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 ide n t ified in t h e Larwin Subdivision Waiver as Phas e s 8 and 9 . ZONE DISTRICT : R-3, High-Density Residential Zone District. DESCRIPTION OF REQUEST : As set forth in the Subdivision Regulations, Chapter 3, Title I, §12-3-26 1 the applicant must submit the Final Sub- division Plat, together with such accompanying papers and docu- • • I • • I r=1 ,( STA FF REPORT , Pag e -2- • • • SUBDIVISION PLAT Case #31-76 ments as may be required within a reasonable period of time after the approval of the Preliminary De sign by the Commission. The Final Plat must reflect the subdivision plan which was ap- proved by the Commission on the Preliminary Design. Following approval o f the Preliminary Plan for the Hamp d e n Professional Park Subdivision b y the Planning Commission a t its meeting on October 19th, the applicant has submitted the Final Plat for consideration at a Public Hearing. The applicant requests approval of the Hampden Professional P ark Subdivision Plat. RECOMMENDATION OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The staff recommends that the Public Hearing be held as planned on January 4, 1977, to receive the testimony of persons interested in the Hampde n Professional Park Subdivision Plat, Because there appears to be some question as to the ownership of the north 20 feet of the land proposed to be dedicated for East Girard Avenue as shown on the proposed Fina l Plat, the staff recommends that the Commission not approve the Final Plat until such time as the title to the land being platte d is acceptable to the City Attorney's office. In checking the Final Plat which has been submitted, the staff finds that the north twenty feet of the proposed East Girard Avenue is owned by Continental As surance Company and they have not joined in the Plat. A f urther condition to approval, the applicant must s ubmit profiles for the streets shown on the Plat and commit to completing the improvements o f the rights-of-way proposed to be platte d as set f or th in Articl e VI of the Subdivision Reg ula t ions. The City At t orney will be prepared to advise you on this matter on January 4, 1977. DESCRIPTION OF SUBJECT SITE AND THE ADJACENT AREA: The subject site is approximately 12 acres in 'area , and is the west port i on of th e s ou th hal f of th e orig inal Larwin Mult i-Housing development. This land was identified as Phases 8 an d 9 in the recorded Subdivision Waiver which was issued to La rwin Mul t i-Housing Corporation. It is b ounded on the west by South Lafayette Street and on the south by U.S. 285 ad a section of East Hampden Av e nue, the latter being limited to wes t bound traffic from U.S. 2 85 enter ing onto East Hampden Avenue . The s tree ts on the north and east boundaries of the subject prop«ty • I • • r ( ( STAFF REPORT Page -3-· • • - SUBDIVISION PLAT Case #31-76 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 portion of the Larwin development immediately to the no rth 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 sub- ject site across South Lafayette Street, To the south of U.S. 285, there is low-density residentia l 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 the west s i de of South Lafayette Street south of East Hampden Avenue, 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 undev e loped and is also a part of th e original Larwin d e velopm e nt. Swedish Hospital and Craig Rehabilitation Center are approximately six blocks to the west. Th e subject site is undevelope d, 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 r es ide ntial d e velopment . In addition to multi-family resi- dential use, hospitals, clinics, nursing homes and professional offices are permitted in the high-density r e sidential district. The Master Street Plan shows U.S. 285 as an Arterial and South Lafay e tte Stre et as a Collector Street. CO MME NTS FROM OTHER DEPARTMENTS : Utilities Department: Inasmuch' as the Final Plat - Hampd e n Pr o fe ssional Park contains no utility lin~s, the Utili t ies De partment had no comm e nts to add. That off i c e ha s r eceive d the proposed wa ter and s e wer layouts and have made i ts comm e n t s and recommendations. When it is known what the develop- me nt will be, the final utilitie s layout will have to be pre - p a red and approved before service will be made available. •• I • • n n - \ I ,- 1 I I ( • STAFF REPORT Page -4- • • - SUBDIVISION PLAT Case #31-76 Public Service Company -Gas and Electric Divisions: No objections. Easements for service will be provided at the time of devel. opment. State Department of Highways: : The Hig hway Departme nt will not approve additional access to U.S. 2 85 ; how e ver, none is proposed. All drainage must continue in the same dir e ction as the existing drainage. If additional access to East Hampden Avenue (the portion that is not State Hi ghway 285) is a pproved by the City, additional widening for d ecelera tion lanes should be required . Howeve~, we do r e quest that access to Hampd e n not be allowed. Department of Public Works: The Departme nt of Public Works ha s no obj ect ions t o the plat other than clarifying the ownership of the north 20 fee t of the platted East Girard Avenue. Street profiles must be submitted and improvements made to City st andards. BACKGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY: The subj ect site is a portion o f the orig inal 57 acre KLZ Site which was to have b ee n the location of Cinderella City. It was annexed to t he City of Englewood by Ordinance #17 of •62. Under the provisions of the City's Zoning Ord inance at that time , any area which was annexed to the City was automatically z oned 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 t h e annex ation, several attempts to rezone the area to a commercial district, and later to a multi-fami ly residential district, we re unsu cce ssful. In December of 1971 , a Court decision upheld a 1968 Or dinanc e which z oned the area R-3-A, Multi-family Re sidence District. The land was z oned R-3, High Density Re sidenc e by a c tion of the City earlier this year. Betwee n the time the land was annexed to the City and the time it was fina lly zoned, it changed hands sev e ral time~ Ea rly in 1972, the Larwin Multi-Housing Corporation purchas e d the land and submitted a Planned Development fo r 1500 units to be c onstru cte d on the site in nine phases . Beca~se the entire si t e wa s to b e de v e loped as o n e pro ject under the Plann ed De- ve lo p me nt Di strict, a waiv e r to the requirement for platting the l and was r e qu e ste d. Larwin ev e ntually withdrew the Planned De v e lopme nt application, a nd p e rmit s we re issued for the con- struc tion of Pha s es I and IV under t he Subdi vision Waiver which was a pprov e d for the entire site. Th e s i te plan which was sub- mitte d with th e application for the Subdivision Waiver was re- corde d on October 20, 1972, in Book 206 9, P ages 29 thru 34, in t he office of the Arapahoe County Cl e rk and Recorder. The • • I • • ... - ( • STAFF REPORT · Page -5- • • - SUBD I VI SION PLAT Case #31-76 streets through the Larwin development were not require d to be dedicated because the development was t o remain under one owner- shi p and the private roads were meant t o serve only the residents of tha t development, and to provide access for emergency equip- men t. Access to t he Larwin site was to be limited to one access on Sout h Lafayette Street at East Girard Av enu e and two openings on U .S. 28 5. The subject site will have access to two of these, 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 development, P e rmits for two phases of development of mid-rise apartment buildings were taken out, but actual construction was n e ver undertaken. R.P .R. Broth ers, Ltd., has applied for a subdivision of approx i mate ly 12 acres of land in the southwest portion of the Larwin Site. The p r e liminary plan was approved by the Commi ssion at the October 19 , 1976, meeting. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: Some a dju stment has been made in the layout as the result of discu ssion on the Preliminary Plan. The number of Lots in Block 2 ha s been reduced from 8 to 7, As previously proposed, Lot 6 had 30' of the De nver Water Board easement running through its e n tire length, inhibiting to some extent the full use of Lot 6. In the Final Plat, the applicant has e liminated that lot and has extended and enlarged what is now d es ignated as Lots 5 , 6, and 7, The staff fin ds no problem with this configuration and anticipates that this will enhance the useability of these lots. Other than the reduction in the number of lo t s, there has b een no significant change from the Pr e liminary Plan and the proposed Final Plat. An add i t io nal sketch has been included with the Final Plat a t the request of the Director of Public Works . This sketch slnws the juxtaposition of the propose d 60' right -of-way on tJ:-e nor th and east periphery and the exi sting paved street with cur b and gutter. The request was made for c l arifica~ion in order to avoid any possible problems i f the existing street were repave d or n eeded t o be realigned . • • I • • ( ( • STAFF REPORT Page -1- STAFF REPORT RE: • • • Preliminary Plan for Subdivision. DATE TO BE CONSIDERED: October 19, 1976. NAME OF APPLICANT: SUBDIVISION PLAT Cas e #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 requ est for the Subdivision on behalf of RPR Brothers, Limited 460 South Marion Parkway Suite 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 from 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 Street 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 of Chapter 3, Article I, §12-3-2{a) of the Subdivision Regulations states that" ..... it shall be unlaw- f ul for any person to divide any realty unless there has first been a subdivision plat prepared, approved and recorded, in accordance with the provisions of this Chapter." I • • ( ( • STAFF REPORT Page -2- • • • SUBDIVISION PLAT Case #31-76 The applicant is submitting the Preliminary Design plans as the first step in the procedure for subdividing the 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 his 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 t he final plat. Approval of the final subdivision plat will have the effect of vacating the present subdivision waiver as it applies to the subject site. RECOMMENDATI ON FR OM 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 propos e d, two lots could be combined to meet the 42,000 square foot minimum lot area requirement. 2. The propose d 50 foot right-of-way through the center of the subject site will be d e dicated as shown on the Preliminary Plan and a name for that street sha ll be deter- mined and it shall be so i dentified on the Final Plat. 3. In order to provide for acces s for utility service, easements of a width of no less t han ten fee t (5 ft. on each side) shall be established along all side and rear lot lines. 4. The necessary land will be dedic ate d for East Girard Place to make it a 60 foot right-of-way rather than the existing 40 f oot width. 5. A drainage plan shall be included as a part of the Fin al Plat. Such drainage plan shall mee t the 'requirements s et by the Director of Public Works. 6. There s h a ll be com pli ance with all of the provisions of §12-3-26 of t h e Subdivision Regula tions in preparing the Fi nal Plat. • • I • • r \ ( ( • STA FF REPORT P age -3- • • - SUBDIVISION PLAT Ca se #31-76 DESCRIPTION OF SUBJECT SITE AND TH E ADJACENT AREA : The subject site , approximately 10 acres in are a, is the west portion of the s outh half of the origina l Larwin Multi- Housing d evelopment, and was identified as Phas es 8 and 9 in the r ecord ed 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 b ei ng limit e d to west bound traffic from U.S. 285 entering onto East Hampden Avenue. T he streets on the north and east bound aries of the subj ect property are private roads which have be e n pave d to a 40 ft. width f or access to the two developed sections of the Larwin Mul ti-hou s ing De velopment. In the development immediately to the nor t h of the subject site, there are 232 one, two and t hr ee -bedroom r es idential units. There is a mortuary, a nursing home and single-family homes to t he west of the s ubj ect site ac ross South Lafayette Street. To the sout h of U.S. 285, th ere i s low-density r esidential dev elo pment, and sout h of East Hampden Avenue, there is an o ffice building, both areas being in Cherry Hills Village. There is also a me dical offi ce bu ild ing on So ut h Lafayette Street to the s outh of t h e subject propert y which is in the City of Englewood, and which is zoned B-2, Business. The B-2, Business District exten ds along both si d es of East Hampden Avenu e 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 unde veloped and it is al so a part of the orig inal 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 ~levation to the north. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Comprehensive Plan d esignates the subject property and much of the surrou nding property fo r 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 Ma ster Street Plan shows U .S . 285 as an Arterial and South Lafayette Street as a Collector Street. COMMENTS FROM OTHE R DEPARTMENTS: In refe r e nce to the proposed subdivision, th e following comments have bee n received from the various agencies and departments: • I) I • (( (( • STAFF REPORT Page -4- • • - SUBDIV.ISION PLAT Ca se #31-76 1 . The State Department of Highways will approve access to the site as shown on the plan ; but no additional access t o U.S. 285 will be approve d. The Highway Department wi ll require the dra i nage to be taken to the nor t h away fro m the hi g hway. 2. Mountain Bell requests that th e re be a 10 ft . easement (5 ft. each side) along all side and rear lot l ine s for its service. 3. Public Service Company of Colorado sugg e sts 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 of Public Works reply is as fo llows : By your memo of 9 -17-76, you requested comments with regard to the above. This subdivision would be a portion o f the o verall Larwin Mul t ihousing property, and th e original plan for that deve l opmen t wa s to keep all of the storm drainage water on the si te or wi thin p ipe l e ading from th e site, with the e x c eptio n of a very small fr ont yard area along South Lafayette Street. This new proposal, as I view it , would increase the runoff down South Lafayette Stree t ; t herefore, we should require that another nlet be placed at South Lafayette and Floyd Avenue on the s outh e nd of the return at the southeast corner of that intersection . This should be an open thr oat inlet much the same as the one at the east end of that same return. With the excep ion of the suggested inlet, we would have no objection to the proposed subdivision. //,(_~ :r-~-r-,J- J t. C--, l..--'t-• ·-·s0------ Kells Waggoner Director of Pub li c Works KW/ls • I • • ( ( ( STAFF REPORT Page -5- • • - SUB DI VI SION PLAT Case #3 1-76 6. The Fire Depa rtme nt had no object i ons to the pro- posed plat. 7. The Utilities Department has no objection to the proposed plat . 8. The Code Enforce me nt Division has no obj ection to the proposed plat . ANALYSIS: Larwin Multi-Housing Corporation representatives h ave told the City th at they are not retaining owne rship of any properties outside of California, and that t h e y will be selling the entire Larwin site in Englewood, probably t o severa l diff erent developers rather than as a single unit. Rece nt efforts o n the City's part to c ontact Larwin h av e been to no avail. It would s e m that the mos t practical procedure now will be to work directly with the new own e rs in order to get access dedicated, the storm drai n age taken care o f , and developments whi ch wil l comply with t he City 's ordinances . Several persons have co n- tacte d the staff about the vacant Larw in land ; none have dis- cussed the constru ction of additional residentia l units. The Subdivision regulations set forth specific require- ments fo r the submission of a Preliminary De sign 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 th e Final Plat p r e paration should now be able to proceed. In regard t o the name for the proposed stree t which bisects the subject propert y, it will probably be identified as East Hampden P1ace. This will be worked out with the Department o f Public Works prior to the prepar ation of the Final Plat. The staff has s u ggested that a drainage plan be provided with the Final Plat. The drainage plan which was recorded as part of the Larwin Subdivision Wa iver, provided for most of the drainage from the subject property to be retained on the property or to be piped from t h e site. There is a triple inlet along the private road bordering t h e subject property on .the north, which could handle some of the runoff from the development. The remaining runoff wil l be directed t o South L afa y ette Street; hence, Mr. Waggoner 's requirement for an add itional storm sewer inlet at the southeast corner of Sou t h Lafayette Street and West Flo yd Avenue. The implementation of the drainage plan would take place at the time of development rather than at the time of the Subdivision. The d e veloper will probably wan t to coordinate this install ation with Larw i n and it would be re- quired to be installed before a Development Plan is approved for the s ubject are a or any portion thereof • • I • • ( ( • • • - STAFF RE PORT P age -6 - SUBDIVISION PLAT Case #31-76 The subject prope rty is well outside of any flood plain, The requir e me nt for d e dicat ion o f rights-of-way was di s cussed at two preliminary mee tings with the applicant and it was gen e rally agreed that a 50 foot right-of-way would be ne e ded for the proposed road through the center of the property. This right-of-way will provide access to n ine of t he s ixt e en lo t s a nd b e of sufficient width to a ccommoda t e any of the p e r- mitted uses in the R-3 District. Along t he northern p e rime ter of t h e subject property, there is an e xist i ng 40 foot p riva te pav e d road, for which a dedication from Larw i n is sou g h t . A total of 60 feet is to be required for th i s roa d way, ho we e r the d e velope r will have to coordinate thi s with Larwi n Mu lti- Hou s ing Corporation. At t h e sugg e stion of Mr. Bomar, a representa tive of Mountain Be ll, a r e quirement for rear and side lot l i ne ea se- ments wa s su g g e sted in order to provide for s ervice to the ind i v idu al l ots. If two or more lots are to be c ombined, how- e v e r, i t wou ld be necessary to vacate portions of these 'ease- ments. It is proposed that water service will be provided by connecting wi th the existing 12" water line in South Lafayette Street, The n e arest 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 l e ss than 24,000 square f e et in area, In order that each of the ,lots can be developed with i n the requirements of t he Comprehensive Zoning Ordinance, the staff has suggested tha t on the Final Plat, the lots should be arranged so that they are each no less than 24,000 square f e et in area, The applicant has a g reed to this requirement, The 24,000 square foot minimum lo t a r e a i s requ i r e d in the R-3 Distr ic t fo r professional off ice s , n u rsing h o me s or clinics. If all of t h e s ub ject p r operty or a p o rtion of it we re to be d e velope d as a partme nts, then two lo ts could b e c o mbine d to mee t t h e min i mu m lot size of 42,000 s qu a re feet, wh i c h is requ i r e d f or t h a t u se. BAC KGRO UN D OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY: Th e s ubject site is a portion of the original 57 acre KLZ Site wh i ch was to have been the location of Cinderella City. I t wa s anne xed t o the City of Englewood by Ordinance #17 of '62, Unde r t h e provi sions of the City's Zoning Ordinance at that time, a n y ar ea whi c h was annex ed to the City was automatically zoned R-1-A, t he most restrictive s ingle-family res i dence district, • I • • • STAFF REPORT Page -7- • • • SUBDIVISION PLAT Case #31-7 6 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, 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 Developmen t 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 th e 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 to be dedicated because the development was to be under one ownership and the private roads were meant to serve only the residents of t hat development, and to provide access f or 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 ope nin gs on U.S. 285. The subj e ct site will have access to two o f these, t he 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 development. P e rmits for two phases of development of mid-rise apartment buildings were taken o ut, but actual construction was never undertaken. • I • • ( ( • City of Englewood July 16, 1976 Mr, Roy J, Pogue Vice President Larwin Group, Inc, 16255 Ventura Boulevard Encino, California 91436 Dear Mr. Pogue: • • • 3400 Soulh Elati Slreet Englewood , Colorado 80110 Phone (303) 761-1140 You will recall, that at the meeting of the Englewood Planning Commission on January 20, 1976, at which meeting you were in attendance, the matter of the platting of the land commonly referred to as the "Larwin Site" was discussed. As was stated at that meeting, a waiver to the requirement of subdividing 1h e land was initially approved only because the entire site was to be developed as a unit. Now that the plans for the original development have changed and the land is being dispos e d 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 questions about the process, I would appreciate an opportunity to meet with you or your representative as soon as possible in order that the platting can be undertaken prior to any further division of the land, Very truly yours, D. ANDREWS ROMANS Acting Director Community Development gw cc: City Manager Mccown City Attorney Ber ardini • • I • • • A. Resolution No. 8 of 1972. B. Larwin Site Plan. C. Carey Restrictive Cov enant s. I • • • • • ____ _,__. ____ ...,._ .. $$~-------·----- ~ .:·:.:.:;: ~~3£ g~l~~~0:~: ~r:~:~:: ·~:::.:~: e!lO f 2069 i ~l-[ 29 R ES OLl~l O\ \0. 8 , SERIES 0? 1 97 2 ---- A R ES OLL'T TO ~, OF C:\C:U 'SO OD P L.!.\\I \G A\D 7.0 \I '-:G C W':I S S IO:'. 1•:AI',f\G THE '.,f CE.':'-S E ·: 1..'r T r.E P ~EP .:i.rt ..\.:'IO\, AP??.O': .. \L A \D FILl:-.'G Of A SCBD I\'IS IO\ PUf . WHERE.~S, §2 1 .3 -3 o :f t~e ~.'.u ni cipn l Code of t he City o f Eng l e wo o d , a s am e n '-;,~d b \· <_··rli n ~~n c~ !·o. 17, S~ri es o 19 5 7, o f the C it y o f En :-!.e,:.·Lg".Q. -r~:_,j\p ~ th ~t ~ ~·:1:J di \·i s i 1 Jr. ·.,!.:i t be rtn._ p are d , nppro \· .. J by 1.::r~ j 'l'."J ~;.1li1 C: ar.:i / .... :·.i 1fi C ;->:1t :;1 i s si.:..: :1r.': (.i !.y coun c i l o f the C ity of Eng1e~oo d, and 1 1l e d for recor a "i~h ~h e Cl e rk a nd Re corder of t he Cou n t y o f Ar apa hoe , S t a te of Co lorado , prior to t he d i visi o n or subd i v ision of any r ea l ty within th e City, a s d efined in §21 .3-5 th e re o f, a nd WHEREA S , §21 .3-4(b ) of s a id o rdi n a n c e author ize s the s aid Pl a nnin g a nd Zoning Comm issi o n t o wa iv e the n e c e ssity fo r com pliance with §21.3-3 upo n su ch r ea sonab l e cond i t io n s as the s a i d Co mmis sion may r e quire, a nd WHEREAS, Larwin Multihou s ing Corporat i onh as ma de a pplication to the said Plan ni n g a na Zo ning Co m~i s sion, pur s u a nt to the pro- visions of 621.3 -4(b) f or a waiv e r of t he n e c es s ity f or com pli a nce with §21.3-3 i nso f ar a s the following d e scribe d r e a lt y is concerned, to-wit: See Attachment "A". , and -------------------------- \111 ERE AS, th e said Pl a nnin g-a nd Zon i ng Co mmissio n ha s gi ve n consid eration to said ap pli ca tion a nd h a s, and do e s h e re by , find and det e rmine that the hereinabove d e scr ibe d r e a l prop e rty i s of such u n usual s ize or sha p e , or its loc atio n ~n d re l ation s hi p to presently ex i sting str e ets, alleys, ut i l i t y ri g h t s of wa y a nd othe~ neighborin g d e vel o pment is s uch t ha t no substan tial b enefit would b e gain e d by the City or by t h e p ubl i c f r om r e quiring a su,.bdivision plat to be prepared, ap pr ov e d and filed th e r e for, NOW, THEREFORE, BE IT RESOLVED BY THE PLANNI~G AND ZONING COMMISSION OF THE CITY OF ENGLEWOOD, as follows; 1. That, pursuant to the provisio n s of §21.3-4{b) of the Municipal Code of t'he City of Engl ew ood, as a mended by Ordinance No. 17, Series of 1967, the n e c e ssity for the o wner of the herein- above described property to prepare, to gain approval thereof, and to file a subdivision plat upon and for the above described re~lty is hereby waived, and th e n e c es si t ) J or s uch p ~1paration, approval and filing is hereby disp e ns ed with, s ubj e ct to the conditions hereinbelow set forth. 2. That th e "-:ti<! wa ive r s halJ b"' 1<11 h .i.,,.t t o t hP fr:,11,:,win!! conditions and sa i d wa i v e r sha ll n o t b e com e eff e cti ve until sa i d condit io ns arc me t .. Should t he saia co n di t ion s c o n ta i n re quire- me nts of a conti n ui ng na tur e , th is waive r sh a ll ceas e its effective n e ss a t s uch t ime a s th e pres e nt ow ne r, or a ny success or in tit;,le, fails to c o nti n a e to com ply wit h sa id conditions . The said condi t ions to wh i ch the af o resa id waive r is s ubj e ct a re as follows: See Attachme nt ''B", Conditions ; Al s o Exh i bit "A", General Dev e lopment Plan; a nd Exhibit "B", al t erna~e s (1) a n d (2 ) --l :rn ds c::ipin:.; al u:1g tl,~ eastirn bound a ry of the subj ec t site • • ) I • • - • • BOO K 2069 PA~( 30 3. Th at the secr~tar ~ o f t he Pl ann1n~ and Zo ni ng Com - ~ission o f t ~e C i t y o f i::-,;-l ~·.,01..-,d is hE:· !·t.:~JY -a '..: i:h ,)r1zc·C an d d irec te d t o c a.1 s"' •.o be r1cc0.·ded ,.,·1 :h the-: •.:le ;:k :.lll d Eecor de r o f ihe Cou:1':.y of ..\r apa:-,o(· a c e r •:i fied c ,,py of thi s r eso lu ti on at the la ;:1d,:,"·r.er 's exp ens e . a:;.d t he 11.211·er set for t h herei n sh all not b ecome e f feceive u nl es s, o r u~ti l, the s am e i s so re..:or ded , Attest: K'.-.G L .r:w·w o P!..AN!-i l Nu A~D L:ON I~G c-:rn :,1;ss ION By Commission I, Gertrude G. Welty , the duly appointed and acting Secretary ol tne Pl a nning a nd Zoning Commission of the City of Englewood, do hereby certify tha t the above and foregoing is a true, complete and accurate copy of a r e solution duly adopted by said commission at its (regular) ~K~»~XMX)J me eting held on the 17th day of October , 1972 : that the same has not been -~epealed or oth e rw ~se amended or modified; and that the same is still in effect. ecretary Englewood Planning and Commission, • Ji Zoning I • • n • • B:JOK 2069 i',\Ll .31 ATTACHMENT "A" The SW 1/4 SE 1/4 of Section 35, Township 4 South, Range 68 West, EXCEPT those portions describe1d in Book 789 at Page 548 and in Book 1143 at Page 497; AND the E 1/2 SE 1/4 SW 1/4 of Section 35, Township 4 South, Range 68 West, EXCEPT those portions de scri bed in Book 657 at Page 3~ in Book 662 at Page 299, and in Book 1143 at Page 497 • I I I ·I I I • I • • · .. • BOOlC 2069 PM.( 32 ATTA CHMENT "B" I The appli cation for a Subdivi s ion Waiver s ubmitted by Larwin Multihous ing ro rp u ~·a r i n n l>c i ra1 :tt>d ::or the -:-l lo-•i n g .-.--,.,~-,!';,· ) .. T: .; lL tc.:-:~ tt. ... tl 1 uf?:""1 .;(. ·· ~u b divis ...... u 1..t·t ... -l t. 'l ~s set f or th i n §12-3-l(b) wil~ ue me t b y c ompliance wi th th e conditions to which the ap pro va l is su bj ect , as well as the r eco rd ing of all docume nts, pl ans a nd ag r eements as s et forth herein; 7 2. No substantial benefits would be gained by the City or by the public from requiring a subd i vision plat to be p repare d, approved and filed, subject to compliance on the part of Larwin Corporation to the following amended revised conditions as contained within thb Staff Report: CONDITIONS TO BE MADE PART OF WAIVER APPROVAL: 1. Development of; the subject parcel s hall comply with the provisions of ~he Comprehensive Zoning Ordinance effective on the date of 1 this approval. 2. Development of 1 the subject parcel shall comply with the General Development Plan (Exhibit "A"), which shall be approved by the Commission and attached hereto, and by reference made l a part hereof, and shall be limited to a maximum of 1,500 dwelling units plus ancillary structures for recreation and security purposes. The General Develop- ment Plan shall provide for not less than 45% of the total land mass of the tract to be set aside for ~pen space and recreational purposes. The Site Plan, which shall become a part of the General ·Development Plan, subject to approval of the Commission, shall have indicated thereon the height of each individual structure, the maximum lot coverage, and said site plan shall be recorded. 3. Development of the subject parcel may proceed in stages subject to approval of the following items prior to the issuance of Building Permits. a. As a ,further condition, the Larwin Mul ·dhousing Cor- poration agrees to be responsible for and to protect, save harmless and indemnify the City of Englewood, Colorado, adjacent or other property owners and residents from and against all loss, damage, cost and expense of every kind and description suffered or sustained by the said City of Englewood, or for which said City may be held or become liable by reason of injury, including death, to persons or property, or other causes whatsoever in the event an attempt should be made to hold the City liable therefor, and by the said adjacent or other property owners and residents, caused directly or indirectly by Larwin Multihousing Corporation in connection with and during the entire period of development of said tract of land. b. Compliance with the provisions of the Comprehensive Zoning Ordinance. · • I • • . .. 4. c. d, e. f. g. h. • ATTACHh!ENT "B" Page -2- BOOK 2069 PA G[ 33 ,;pµr0 ·c, 1 c•i . ·:-!"·..r. f t."' ;'_· t i J l)(i St L..--·1 r : 'PP ._. oy th ~ !.) i ·-:-:,·· i or f',J.[ • '..I l~ i 'I .. r.'c r ks. ~,.h (; :,.. :•i f ;~1.,·· .... J .. ? at the discretio n of the Director of Public Works, require the on-site stora g e of storm drainage water, of not less than a "10 0 -year storm", until the completion of the Nort h eas t Englewood basin storm drainage system by the City to h a ndle a "two-year storm." In the event of any increase in or un-natural water runoff durin g the d e velopment of said tract of land which causes danger or damage to facilities of the City of Englewo od or to adjace nt or other property owners and re si dents, then the Dire ctor of Public Works shall have the right to order the stoppages of any furthef developme nt until such time as the Larwin Corporation provides adequate s af eg uards to any such danger or possible future d amage. Approval of on-s'ite grading and storm drainage plans by the Director of Public Works so as to limit peak discharge at the 100-year storm to 60 cfs and storage of the balance of the· runoff on either the applicant's property, or that dedicated to the City by the applicant for public 1park purposes. Approval of fire lanes and emergency access by the Fire Chief l (Applicant s hall agree to designate, and identify by signs acceptable to the Fire Chief, said fire lanes and spotting ramps prior to the issuance of Occupancy Permits for each phase or stage.) Approval of plans for the locations and specifications of on-site water lines and hydrants by the Fire Chief and the Direc'tor of Utilities. Easements shall be provided for lines intended to be in public ownership, Approval of plans for the locations and specifications of on-site ·sa~itary sewer lines by the Director of Utilities. Easements shall be provided for lines intended to be in public ownership. Approval of curb cuts by the Director of Public Works requiring that primary access points match with street intersections and median ope nings (applies to one access point on Lafayette at Girard, and two access points on U.S. 285 at median opening s). (State Highway Dep i rtment approval and permits for con- struction are required for entrances onto U.S. 285), The City of Englewood gratefully acknowledges applicant's offer to dedi c ate to the City, approximately 4.45 acres of land, so designated (Parcel "A") on the General Develop- ment Plan (Exhibit "A"), for public park purposes at such time as the City is willing to accept the same. Use of said land for public park purposes may be subject to intermittent storage of storm waters draining from applicant's property created by up to a 100-year storm. I I , . I I • • ( r \ ··,_ ' - • ATIA CHMEN T "B'' P ag e -3- \ ' ,:; • • \: ~ !. ~ • ./'. I ' • : • BOOK 2069 rm 34 \ ,. .' ·C. :' i:Jy ~ .. ~ L..1. c y. Applicant wi l .l compl e 'te roug h grading for Parcel "A", and wi ll r e tain the t ops oil from the parcel for City's u s e in improv i ng s a id p arcel. 6. Te mpora r y dra inage provi s ions s hall be ma de by applicant to pre v e nt s ilt from unimprove d are a s of t he property from ·being d e pos ite d in Parcel "A". 7. 8. 9. 10. 11. 12. Floyd Av e nue s hall be improved, at applicant's expense, in accordance with the specifications of the City of Englewood, includ i ng sidewalk, curb, gutter and paving. Ingress and e g ress from and to Floyd Avenue, other than for emergency purposes, shall not be provided except upon prior approval of the Commission. Plans for sec J rity procedures to be utilized during con- struction sha 11 be approved by the City prior to any construction. Access, both i ,n~ress and e gress, for construction vehicles shall be prohibited on the north and west sides and shall be permitted 9 nly on the south (U.S. 285) side. At such time ~s the Director of Public Works determines a need for .the widening of Lafayette Street, from East Floyd Avenue to East Hampden Avenue, to provide for additional tr~ffic capacity, the Applicant shall dedicate five feet (5'} of land for such purposes. Such dedication 17 ;f77 may not be re qui red sooner than two (2) years nor later l?IW · 1 thl!n five (5)1 years from the date of approval. Installa- tion of any su'ch•improvements shall be at applicant's I ' expense. Landscaping along the east boundary of subject site shall be installed as per the specific plan as dn.termined from Exhibit 'lB". No campers, trailers, boats or other similar personal prope'rty shall be permitted to park or be stored in the parking area on the eastern boundary of the develop- ment. Further, that all trash containers and pick-up points servingL the eastern portion of the proposed develop- ment shall be located to the west of the eastern-most buildings in the Larwin Development. All plans for the proposed development shall be recorded, with the subdiv i sion waiver, in the office of the County Clerk of Arapahoe County at the appl i cant's expense, and all construction shall be in g e n e ral conformance with said documents as determined by the Director of Community Development with the advice of other City Department Heads i n their fields of expe rtise. • I • • ·~ :-,; . ' .... , . ~ •. • " ' '-i,. = t ,; ."' I I,,.' " -.. - E I - / / / j ). • ·t • DECLARATION OF PROTECTIVE AND RESTRICTIVE COVEN ANTS KN()W A LL MEN DY THESE PRESENTS: WIIEREAS, J. J. CAHEY, hereinafter referred to as "Carey, 11 is the sole own e r of the following described real p1 ·oprrty in the City of Engle- wood, C ou nty of Arapahoe, State of Colorado: and, A tra c t of land lying in Section 35, Township 4 South, R ,mge 68 West of the 6th Principal M e ridian, City of Engl e wood, Arapa- hoe County, Colorado, more particularly described as follows: Beginning at a point where the center line of South Lafayette Street intersects the s outh line of Section 35, said south line of Section 35 being the approximate center line of East Hampden Avrnuc, lhPn cc northl'rly :ilong the ce nter line of South Laf;iyrttc Street lo its int,•r sC'c tion with the c-cnter line of East Floyd Av e nue; lhl'nce east e rly along the center line of East Floyrl Avrnuc, to its intersection with the cast line of the SW I /4, SE 1 /4, Srction 35; th ence southerly along :;:iid east line of the SW t/4, Section 35 to its intersection with the norther- ly right of way line of Colorado Highway 70, said northerly right of way being also th e southerly boundary of the City of Englewood and lying !JO feet more or l ess north of the south line of Srction 35; then ce we s terly along said northPrly right of way line of Colorado Hi ghway 70 to its intersection with tf:ie center line of Section 3~,; thence southwesterly on the arc of a curve to the left, the chord of which bears south 78° 57' West, the r:idius of which equa ls 783 feet, for an arc distance of 301. 4 fe e t ; thence so uth 8!1° 57' 52" West for a distance of 337. 5 feet lo a point where the north right of way line of East Hampd e n interse cts the east right of way line of South Lafaye tte Street ; thence southerly along the extended east line of South Lafayette Street to its intersection with the South line of Section 35, th e nce w e sterly along said south line of Section 35 to the point of beginning, except the north 150 feet of the east 1292. 4 6 feet thrreof; ,/ The above described real property is zoned R-3-A under the zoning ordinances of the City of Englewood, State of Colorado; and, , The zoning classification of R-3-A allows, among other things, many more resideptial units to be constructed on the above described real property than Carey deems desir_able to construct thereon; and, • .. 1 •.: I 'I ( D I • • • CRrey desires to de v elop and Improve th e a bov e described real p r ope rty into a n a ttra c tiv e ·a nd desirabl e urban com mun ity area; a nd, In order to achi e ve these objectives, it is desirable to pr:ovide ' and place ce rtain protective and r estrictive covenants o n th e abo ve de- scriber! r eal prope r ty, whi c h will restrict and limit the number or reel-· d e ntial unite th a t ca n be c onstruc t e d th ereon, irrespective of the fact that said property is z one d R -3-A; NOW, THE REFORE, Carey, for himse lf, his grantees, heirs, p e rsonal r epresent ativ es, successor s a nd assigns does h e reby publish, d ecla re and acknowl edge that the above d e s cri bed real property shall be :: . ;, subject to th e h erein a ft er set forth restrictions and prot ective c ovenants, Said r e strictions a nd protective c ovena nts sh a ll run with th e l a nd, and the · same shall be b inding upon Car e y, his grantees, h eirs, personal repre- sentatives, succes sors an d assign s, ae well as on all subsequent gra n- tees or owners or any p a rt or portion of the above described real proper- ty: 1. Any residential development on all or part or the above c,le- scribed real property shall be limit e d to, and may not include more than, ~ . 1,500 "reside ntial units." 2. The term "residential unit" shall mean, and ls intended to mean, a separate individual family living unit, located in either a de- .; tached single family struc ture or in a duplex, triplex, apartment house or condominium. 3. These restrictions and prote c tive covenants shall run to the City Planning an~ Zoning Commission of the City of Englewood. They may be enforced bnly by said City Planning and Zoning Commission. They I may only b e waived, amended or otherwise ch a nged by me a ns of a written instrument, signed by J. J. Carey and by two members of the said Co~- mission, which wr itten instrument shall certify that the w aiver, amend- rnent or other change has been approved by a majority of the members of &Aid Commission. - ;. 2 ; \ I '\ . ' . t. i'. .1: v , • 'r' ..... . . 1 I ' : 1 .\ I\ 1 1 . !1 r 1 ,, ' ;, l i' I ·I i • -I ' • I t I • • • • 4. The design a tion "City Planning and Zoning Commission of the City or Englewood" Ahal] mean, a nd is Intended to mean, those persons appointed by the City Council of th e City or Englewood, ColorAdo, to the ' mu nicipal body or agency known as the City Planning a nd Zoning Com- mission of the City of Englewood, pursuant to Sections 56, 57 a nd 58 of the Ch a rter of th e City of Engle wood, Colorado, filed with the Secretary of State of the State of Colorado on July 10, 1958, or any legally conati- tut e d su ccessor a gency, body or commission which may replace said City Planning and Zoning Commi s sion. 5. These r e stri c tions and protective covenants shall remain in full force and effect until e ither of the follo~ing events have o cc urred, whichever is ea rlier:· ,,,.--·, / ' (a) Until the expiration of fifteen years after the date on which these restrictions and protective covenants have b een record e d in the records of the Cle rk and Recorder of the County of Arapahoe, State \ of Colorado; or, (b) Until thr.ee -fou _rt_hs or seventy-fiv·e/p~rcent of the above described real property is zoned something other than R-3.-A under the zoning ordinances of the City of Englewood, iSfate of Colorado, . l IN WITNESS WHEREOF, Carey has hereunto set his hand and ), "'9-._day or_·~·,.,...~ seal this STATE OF COLORADO CITY AND COUNTY OF DEN VER BS, , 196_.K_. J, J, CAREY The for e going instrument was acknowledged before me this_ day of _________ , 196 __ by J, J, Carey, Witness my hand and official seal. My commission expires: Notary Public t j • • • \,.~. ' .. • ._) ·! I I • • • • • ., I -29- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF TIIE CITY PLANNING AND ZONING COMMISSION . DATE : April 5, 1977 SUBJECT: Findings of Fact: Hampden Pro fe ssion al P ark Subdivision Plat RECOMMENDATION: Don Smith moved: Wade seconded: The Planning Commission approve the Findings 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. G~rtrude G, Welty ~Recording Secretary ) './>~ /,,I . y 7) '/ • I • • • • • ,· • -30- CITY PLANNING AND ZONING COMM ISSION C I TY OF ENGLEWOOD , COLORADO IN THE 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 . ) The Pr el iminar y Plat of th e Hampden Professional Park, which is the subject o f Case #31 -7 6, was c onsid ere d on October 19, 1976, and a Public Hearing was held in connec t ion with Case No. 31-76 on January 4, 1977, in the City Council Chambers at the Englewood City Hall. On F e bruary 23, 1977 , the City Pl a nning and Zoning Commission vo te d to reopen the Public Hearing relative to Cas e No . 31-76 . The Reheari n g on Case No. 31-76 was held on March 8, 1977, a l s o in the City Council Chamb ers at the Engl e wood Cit y Hall. Tho se me mb ers o f the City Planning and Zoning Commiss ion who we r e present during the Pu blic Hearing were: Mr. Jor genson, Mr . Ow e ns, Mr . Park er , Mrs. Pierson, Mr. Don Smith, Mr . Ed Smith, Mr . Tang uma, Mrs. Wade and Mr. Williams. No members were absent. At the conclusion of the Public Hearing on March 8, 1977, a motion to deny the approval of the Subdivision Plat was made by Mr. Williams. Those members of the City Planning and Zoning Commi ssion who voted in fa vor o f th e motion wer e: Mr. Jorgenson, Mr. Owens, Mr. Parker, Mrs. Pierson , Mr. Ed Smith, Mr . Tang uma, Mrs. Wade and Mr. Williams. Mr. Don Smith voted against the motion. No members were absent, an d no me mb ers abstained fro m voting . At the next r eg ular meetin g o f the City Planning an d Zoning Commission on March 22, 1977, a motion was made t o ap- prove the Findings o f Fact and Conclusions in Case No. 31-76 , which motion received no s econd. A motion wa s made by Mr. Ed Smith and seconde d to reconsider Cas e No. 31-76. Those persons voting in fav or o f the motion t o reconsider were : Mr. Owe n s, Mr. Don Smith, Mr. Ed Smith and Mrs . Wa de. Those persons who v o ted in opposition to the motion to reco nsider wer e: Mr. Parker, Mrs . Pierson and Mr. Williams . Those persons who were absent: Mr. Jorgens on and Mr . Tanguma . The Ch a irman r ul ed that the motion to reconsider had passed . • I • • ( • • • • -31- FINDINGS OF FACT --- Upon review of the evidence taken in the form of testimony, presentations, records, reports, filed documents and the minutes of t h e meetings of the City Planning and Zoning Commission at which the Hampden Professional Park Sub- division was considered, the Commission makes the following Findings o f Fact. 1. That an application for approval of a Subdivision Plat, to be identified as Hampden Professional Park , was filed on October 12, 1976, on beha l f of R. P. R. Brother s, Ltd ., Thomas J, Regan, President, having offices at 460 South Marion Parkway, Suite 154, Denver, Colorado 80209, 2. That R. P. R . Brothers , Ltd . holds a contract to purchase the lan d which is the subject o f this app lication f rom Larwin Multihousing Corporation, 1 6255 Ventura Boulevard, Encino, California 91436, and that Larwin joins in the platting . 3. That the land which is proposed to be platted is described as follows: Commencing at the South one-quarter corner of said Section 35 ; thence N 0 °11 '47 " E and along the West line of the South east one-quarter of said Section 35, 90 .00 feet to the point of beginning, said point being on the North line of East Hampden Avenue; thence on an angle to the left of 90 °14'04" and along said North line and along a curve to the l e ft having a radius of 796. 00 feet , a central angle of 20 °39 • 58", an arc distance of 301.00 feet to a point 30.00 feet Northerly from the South line o f t he Southwest one -quarter of said S ec tion 35; thence S 89 °15'19" Wand pa rallel with said South line 337 .68 feet to a point 30.00 feet Easterly fro m the West line of the East one-half of the Southea st one-quarter of the Sou thwest one- quarter of said Section 35; thence N 0 °09'38 " E. and parallel with said West line 650.20 feet; thence S 89 °50 1 22" E. 207.70 feet to a point of curve; thence along a curve to the left having a radius of 160.88 feet, a central angle of 36 °00'00", an arc dis tance of 101.08 feet to a point of reverse curve; thence along a cur ve to the right having a radius of 196 .50 feet , a central ang le of 39 °50'44", an arc distance of 136.65 fee t to a point of tangency; thence S 85 °59'38" E and along said tangent 36.79 feet to a point of curve; thence along a curve to the right having a radius of 186.50 feet, a centra l angle of 44 °09'15", an arc distance of 143.72 feet to a point of c ompoun d curve; thence along a curve to the right having a radius of 114.00 feet, a centra l angle of 29 °01'11", an arc distance o f 57.74 feet to a point of tangency; thence S 12 ° 49 1 12" E and along said tangent 70.79 feet to a point of curve; thence alon g a curve to the l eft having a radius of 183 .00 feet; a centr al ang l e of 65 °13 1 40", an arc dista nce o f 208 .33 feet to a point of tange ncy ; th e nce S 78 °02'52" E and along • I • • -• • • -32- said tangent 54.10 feet to a point of curve· thenc e along a curve to the left having a radius of 506 oo 'feet a central ang le of 16 °50'04", an arc distance of 148,67 fe~t· thence S O 0 41' 18" E, 96. 96 fE_!et to a point of curve; then~e along a curve to th ~ left havin g a radius of 177.93 feet, a centra l angle of 15 34'30 ", an arc distance of 48.37 feet to a point of reverse curve; thence along a curve to the righ t hav i ng a r~dius of 387.76 fe et , a centra l ang le of 16 °13'31", an arc distance of 109,81 fee t to a point of tangency· thence s 0 ° 02'17" E and along said ta nge nt 60.00 feet to~ point on the North li1:e of East Hampden Avenue ; thence S 89 °57'43 " wand along said North line 371.16 fee t to the point of beginning· containing 12 .276 acr es, mor e or l es s. ' 4. That at a meet ing o f th e Cit y Planning and Zo ning Commission on Oc tober 19, 197 6 , a mo tion was made by Mr . Don Smith and seconded by Mr. P ark er , to approve the Pr e liminar y Plat o f the Hampd e n P r o fessi on al Park Subdivision subj ect to the f ollowing condi tions : (1) The size o f each o f t h e proposed lots shall be no l ess than 24,000 squar e feet , the minimum arta which i s required for most o f the P ermitted Uses in the R-3 Hi gh Density Reside nc e District. I f a hi g h-density r eside ntial d e velopment is proposed, two lots could be c ombi ned to meet ( th e 42,000 square foot minimum lot area requireme nt . ( • (2) The propo se d 50 f oot right-of-way thr ou gh the center o f the subject sit e will be dedicated as shown on the Pr e limin ary Plan and a name f or that street shall be deter - mined and it shall be so ide ntified on the Final Pla t. (3) In order to provide f or access f o r uti lit y service, easements of a width o f no l e ss than ten feet (5 ft . on each side) shall be established a long all side and r e ar lot lines . (4) The necessary la nd will be d edi c ated for East Girard Pl ace to mak e it a 6 0 f oo t right-of-way rather than the existing 40 f oot width . (5) A drainage p lan sha ll b e includ ed as a part o f the Final Pla t . Such draina ge p l an shall meet the requirements set by the Director of Pub lic Works. (6) There sha ll be compliance with a ll of the provisions of §12-3-26 o f the Subdivision Re g ulations in pre- paring the Fina l Pl at , Those me mbers voting in fav or o f t h e motion were: Mr . Jones, Mr . Jorgenson, Mr . Park e r, Mrs . Pi erson, Mr. Don Smith, Mr. Ed Smith, Mr . Tang uma and Mrs. Wad e . Tho se me mb ers voting against the motion : None . Those member s who wer e absent: Mr, Williams, • I • • ( • • • - -33- 5. That a Final Plat was prepared p ur suant to §12 -3-26 a~d §12-3-27 of the EnglewoodJColorado Subdivision Regulations, Titl e 12, Chapter 3 o f the '69 Englewood Municipa l Code, as a me nded, and th e condi t ions imposed upon the P re liminar y Pl at were met . 6, That a Publi c Hearing was held on January 4, 197 7 and a rehearing was held on March 8, 1977, to consider the Fina l Plat o f the Hampd e n Pro fess ional Park Subdivision, ide n tified as Case No. 31-76 and that due Notice was g iven o f th o se Hearings . 7. That the area being conside red in Case No . 31-76 is identified as Phases 8 and 9 in Exhibit "A", a gener a l d e - velopment plan attach ed to and made a part of a Subdivision Wai ver approved by Commission Resolution No. 8, Series o f 197 2 as recorded in Book 2069 at Page 29 in the o ff ice o f th e Arapahoe County Clerk and Recorde r . 8 . That the land, described as follows, which was the s ubject o f Resolu ti on No . 8, Series of 1972, was annexed to t he City o f En g l ewo od by Or dinance No . 17, of 1 962. The SW 1 /4 SE 1 /4 o f Sec tion 35, Township 4 South, Range 68 We st EXCEIYI' those portions described in Book 789 at P age 548 and in Book 1143 at Page 497; AND the E 1 /2 SE 1 /4 SW 1 /4 of Section 35, Township 4 South, Range 68 We st, EXCEPT those p ort i ons d escribe d in Book 65 7 at Pa ge 30, in Book 662 at Page 299, an d in Book 114 3 at Page 497. 9 . That the City of En g lewood zone d the l a nd f or busin ess u se by Ordinance No. 23, Series o f 1963, and by Ordinance o, 26 , Series o f 1 963 , and tha t thes actions were inva lidated by District Cour t Decree an d the land reverted to R-1-A, Sing l e -fa mily Res ide n ce . 10 . That the l and was t h en zone d R-3-A, Multi -fami l y Residence by Ordinance No. 28, Series of 1967. 11. That J. J . Carey came into pos session o f the land which was to be later covered by Resolution 8, Se rie s o f 1972, on January 2, 1968, and, purporting a desire "to develop and improve the above described rea l property into an attractive and desirable urban community area", prepared and recorded, on that same date, a Declaration of Protective a nd Restrict iv e Covenants which p:rovided that "Any residential dev e lo pme n t on a ll or part of the above described real pr operty shall b e limit ed t o, and may no t inc lude more than 1500 residential unit s." 12 . That said Restrictive Covenants run to the City Planning and Zoning Commissio n of the City of Eng l ewood, and I • • n -• • - -34- may be enforced onl y by said City Planning and Zoning Co mmission, a nd t h at said Restrictive Covenants may b e waived , amende d or otherwise changed by said Commission . 13. That J . J. Carey did not execute th e plans for deve lo p ment he had exhibit e d at the time he was discussing the zoning of the land and that the land was later so l d to Larwin Multihousing Corporation. 14. That after having purchased the 55 acre t rac t which had b ee n the subject of the Carey applica t ion, L arwi n fi l ed an application f or approva l of a Plann e d Deve lopment on the s u bject site on June 8, 1972, together with a request for a Waiver to the r e quir ement for Platting said site , b ecause it was to be dev e lope d as a Planne d Development unde r the pro- visio ns of §22 .4A, Planned Development Distric t, o f the Com- preh ensive Zoning Or dinanc e. 15 . That Larwin Multihousing Corporation withdrew t h e application for Plann e d Deve lopme n t after re aching an un- derstanding with t h e administration tha t the site cou ld be de- ve lo ped as a unit under the provis ions of a Su b division Waiver , § 12 -3 -3 (b) o f t h e Subdivision Regulations o f t he City o f Eng l ewo o d . 16. That on October 17, 1972, the City Plannin g and Zoning Commission issu ed a Subdivision Waiver t o Larwin ( Mult iho using Corporation by Res olu tion No . 8·, S eries of 1972 and that c er tain con di tions, identifi ed as Attachme nt "8", and a p l an identified as Exhibit A, a "general d eve lopment plan " were attached to and made a part of the Subdivision Waiver , which Waiver is recorde d i n Book 2069 be gi nning at Page 29 in the office of the Arapahoe County Cl erk and Re - c o r der. ( • 17. That the ge n er al d evelopment plan divide d the site into nin "pha ses", ea ch ph ase to be d ev loped w ith mu lti- fa mily dw lling units t o ta lling 1500 dw e lling units i n al l , the internal access t o which uni ts was by way o f private road- ways which did not meet the standards of §12 -3-40-and §12-3-41 of the Subdivision Reg ulations. 18. That Bui lding Perm its w re issued to Larwin ~lultihousing Corporation to construct 368 dw lling units in Phase I and 239 dwelling units in Phas IV, as identified in the g neral development plan. 19. That said Waiver was subject to the conditions attached thereto and was to cease its ffectiveness at such time as the present own er (Larwin Multi hou sing Corporation) or any s ucc essor in title fails to continue to compl y with said conditions, and that the Commission has the authority to amend said Wa iver . 20. That at no time, was this matter acted upon officially by the Engl ewood City Council • I • • n ( • • • • -35- 21 . That Roy J. Pogu e , Vice President o f Larwin Group, Inc . 16255 Ventura Boul evar d, Encino, Ca lifornia, told the City Plannin g and Zo ning Commission on January 20, 1976, that Larwin did not own either the land or t he buildings in Phases I and IV, and that Larwin is in the process of liquidating their assets throughout the Unit e d States because Larwin secur e d a large amount of uns e cur ed ob liga tions and fe ll into d ef ault. 22. That Mr. Po g u e was told as a representative of Larwin, that fue entire s ite would have to be subdivided, which direction was rea ffir me d in a l e tter to Mr . Pogue dated Jul y 16, 1976, at the direction o f the City Planning and Zoning Commission . 23. That having thus been in f ormed that th e develop- ment which was the subject o f Resolution No . 8 , Se ries o f 1972, would not be completed, and no effort was to be made by Larwin to plat the land, it was det e rmined that the position would b e taken that th e division o f the property into nine phases is de facto by virtu e of the Subdivision Waiver, and that any further div ision of one or mor e of th os e p has es would have to be accomplish ed in accordance with Article II of the Subdivision Regu lations, and that it i s within the authority gr anted t o the City Planning and Zoning Co mmi ssion to so proceed . 24 . That throu g hout the ma n y years of consideration of the proper ty described above in Finding of Fact No. 8, both the City and the r esidents and properly own e rs we r e o f the opinion that th e appli ca nts acted in g ood fait h and would c om- plete the propos e d d e velopments . 25. That t h e land was z oned R-3, Hig h Density Reside nce by Ordinance No . 52 o f 1 9 75, which District permits d eve lopment cons istent with the hi g h concentration of p e rsons and land v a luation, including high-dens ity resi d e ntial types of structures as~well as various institutions and offices f or the us e of 1 • fr] fession::. pu::::e:l~e area of the Hampden Professional P a rk ~uodivision is approximately 12 acres, including p e rime ter and ~nternal street rig ht-of-w ay a nd that the Subdivision would plat the land previously id e nti fied as Phases VIII and IX o f the general d e velopme nt pl an into two b locks, Block 1 having eig ht lots and Block 2 having seven lots, each lot c on tain ing one-half ac r e or more in ar e a. 27. That th e Final Plat of the Hampden Professional Park Subdivision is in compli ance with §12-3-26 and §12 -3-27 o f the Subdivision Re g ul ation s . 28. That Mr. John Welles' tes timony reveals that th ere would b e a subs tantial in crease in traffi c as the Subdi v i sion is proposed and Mr. J. D. Willis indicated that it would b e essentially un feas ible to deve lo p struc tures in excess of two stories in view of the off-street parking requireme n ts • • I • • - ( • • • - -36- CONCLUSIONS 1 . That p ro per pu b l ic no tice was g iven of the Public He ar in g which was h e ld on Janu ary 4 , 1977, and of th e Rehea rin g, whi c h was h e ld on March 8, 1977. 2. That the a pplicat io n for appro v al of the Su bdivision Plat identifie d as Hampd e n Pr o fessi onal Park applies to Phases VIII and IX o f th e ge n era l development plan, ide n t i f i ed as Exhibit A, which is attached t o and a part o f a Subd i vi sion Waiver issu e d to Larwin Mul t i-hou si n g Corporation by R so lu tio n No . 8, S e ries o f 1972, at a meet ing o f the City Planni n g and Zoning Commission on October 17 , 1972. 3 . Tha t the approva l of the Hampden Profess ional Park Subdivision Plat would alter the ge n era l development plan approved by Resolution No . 8, Series of 1972 . 4. Tha t the subject l a nd is zoned R-3, Hi g h De nsity Residence , 5. That the R-3, High-Density Residence Dis trict, adopted by Ordin ance No. 31, Se ries o f 197 2, permits high density reside nti a l dev e lo pment as well as o ther specified us es, including pro fession a l offices. 6 . That the p ow ers o f the City P lanning and Zoning Commission are those granted by S tatut e , City Charter and Or dinance and in no instance has said Co mmis sion b ee n d e l eg ated the authority to mak e legislative decisions as to z onin g , that authority being h e ld only by the City Council . 7. That th City Co uncil did not act on the app lic a - tion o f Larwin Multihousing Corporation f or a Subdivision Waiver and t h e re f or e it cannot be interpreted that th e conditions identi f ied as Attachment "8" in Re solution No. 8, S eries of l9 72, constitute "zoning " of the land which i s the subject of that Resolution . 8 . That the City Planning and Zoning Commi ssion, upon determining tha t the p l ans of b oth J. J. Car ey and Larwin Multihousing Cor poration h ave necessarily been aborted, a nd that it i s in the best interest of the community to a mend the Protective and Restrictive Covenants and the Subdi vision Waiver , does have the a u thority to waive, amend or oth erwi se change both the Protective and Restrictive Covena nts, recorde d in Book 1740 at Page 753 and Resolution No, 8, S e ries o f 1972, as recorded in Book 2069 beginning at Page 29. 9, That the Fina l Plat o f the Hampden Professional Park Subdivision is in c om pliance with Title 1 2 , Chapter 3 o f th e '69 Englewood Mun i cipal Code, otherwise known as the Sub- Division Regula tions, and that the area of t h e lo ts would comply with the minimum lo t area requ ire me n ts o f the Comprehen- sive Zoning Or din ance • I • • - • • • • • -37- 10. That a quorum o f the Commission was p re sent and the motion to r e consider Ca s e No. 31-76 was in order , 11. That the followin g motion was made, seconded and approved at the meeting of the City Planning and Zoning Commission on March 22, 1977: 12 . That in order to alleviate traffic problems, the City Planning and Zoning Commission finds it necessary to reduce the height of building s to b e constructed within the Subdivision to two stories. Don Smith moved : E d Smith seconde d: Th e Pl a nni ng Commi ss ion recommend to C it y Coun c i l appr o va l o f t h e Ha mp d e n Pro f essional Park Subdivision, a s s e t f or th i n Ca se #31-7 6, wi t h th e fol l o v- in g conditions mad e a part of th e approv a l : (1 ) Buildings in th e d ev e lo pme nt o f Ha mpd e n P r of es sional P ark shall not e x cee d t wo s tor i e s . (2 ) All d e velopme n t of l ll e Ha mpd e n Prof es siona 1 P a rk Su b - divi s ion s hall b e accomp li s h e d u 11d er a Pla nn e d De v e l opmen t , (3) If th e Hampd n Pr o fessi onal P ark Subd i v is ion i s d e v e lo p e d with prof e s s io na l o ff i ce b uil din Ks, the f ollowing d efini tion of "Profess ion a l Office" shal l b e e n for ce d throug hou t this developme nt : "Profes s ion a l Of f i ce: Th o ffic 0 o f a p e r s o n eng a ge d in any occupatio n , vo ca tion, or cal l i n g , no t pur e ly comm er ci a l , me chani c al, or a g r icu l t ur al in which a pr o fe ssed knowl e d ge or s kill in s om e d epartme n t of s c i e n ce or l e arning is us e d by its pr ac tical a p plication t o th e affa irs of other s , either advising or g uidin g t h e m in s e rvi n g t he ir inte r e st or welfare throu g h t h e pra c tic e o f an a c t f ounded the r e on , , such as medi c al do c tor s , de nti st s , att o r n e y s-at-law, archit ec t s o r e n gi n eers " AYES : Don Smi t h, Ed Smi t h, Wad0, Owens NAYS : Pi erson, Pa r k e r ABSENT : T an g um a , Wil l iam s, Jorgenson T h e mo t io n c a rri e d • , I • • n n - ( ( • • • • - -38- RECO MMEN DAT ION There f ore, the City Planning and Zoning Commission recommends to the City Council o f the City o f En g l ewood, Colorado, that the Final Pl at o f the Hampden Pro fessional P ark Subdivision, submitted by R . P.R. Brothers, Ltd ., 4 6 0 South Marion Parkway, Suite 154, Denver, Colorado 80209, be approved subject to the condi tions attached thereto . Upon the vot e of the Commission on a mo t ion made at a Regular Meeting o f the City Planning and Zoning Commission on the 22nd day o f March, 1977, the following members voted to recommend approval of said Final Plat ; Mr. Ow ens , Mr . Don Smith, Mr. Ed Smith and Mrs. Wade. Those members voting ag a inst the recommendation : Mr . Parker a nd Mrs . Pierson. Those me mb ers absent : Mr . Jorgenson, Mr . Tanguma and Mr. Williams. By Order of the City Planning and Zoning Commission . • , I • • In n • • - I . . • n Auguet 23 , 1977 llr. TbOIU8 .J. a.ca&, Pr-1deDt RP R llrotbera, Ltd. •oo South • rioa ParnaJ Suite 164 Den•er, Colorado 8020 Deer lb'. Bes•D: • - t tbe •pec,ial ... tiDI o t the Bnsl..ood CitJ Couocll on lk>ndaJ, Allp•t 22 , 11177 , the Public Bearlas on the r111111 Plit t of tile B.aapdea Prof ... 1oDal Pllrk 11bd1Y1.a1oD ••• ope•d, pur1111ant to your requ•t, e nd 11a• poatpoaed UAtll 7:00 P.11., MoDdaJ, Sept-ber 26, 1977. llopetull7 by tbat tlae, •• •sr ... at 11111 be reached between all later-ted p arti-and tbe Bearlq OD the Plat 11111 be able to proc-d. I I can be of anJ aa•l8taace, plea•• call. Very truly Jour•, w~~ D. AJIDmWS POMAIUI Ae•l•tant Dl~tor Colllmal tJ DHeloiaeat cw cc : Harold Ca lkioa .Joba Crl•11ell .Jer-7 D. Vaa .... Wllllaa J .... I • • • • ,&o SOUTH MARION PARKWAY DENVER, C OLORADO 80209 August 19, 1977 Mr. James L. Taylor, Ma yo r City of Engl ewoo d 3400 South Elati Stre e t Englewood, Colorado 80110 PHONE 7 1 7-004, Re: Englewood Professional Park Subdivision approval De ar Mr. Taylor: In reference to the above described subdivision plat scheduled for c onsi derat ion by the City Council next week, I request that the matter be contin ued until the middle of September, 1977. Progress has be e n made on resolving the objections of both the Kent Village and Cherry Hi lls Village groups, with written proposals presently being reviewed by the parties involved who have agreed in principal and are now concerned with the language of their agreement. Ve ry truly yours, RP R BROTHERS, LTD. ~~ President TJR:lc • /) I • • - • • • - -22- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE : March 22, 1977 SUBJECT : Hampden Professional Park Subdivision Final Plat RECOMMENDATION: Don Smith moved: Ed Smith seconded: The Planning Commission recommend to City Council approval of the Hampden Professional Park Subdivision, as set f orth in Case #31-76, with the f ollow- ing conditions made a part o f the approval: (1) (2) (3) Buildings in the development of Hampden Professional Park shall not exceed two stories . All development of the Hampden Professiona l Park Sub- division shall be accomplished under a Planned Development . I f the Hampden Professional Park Subdivision is developed with professional office buildings, the fo llowing definition of "Pro fessional Office" shall be enforced throughout this development: "Pro fessional Office: The office of a person engaged in any occupation, vocation, or call ing, not purely commercial, mechanical, or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs o f others, e ither adv ising or guiding them in serving their interest or welfare through the practice of an act founded thereon, such as medical doctors, dentists, attorneys-at-law, architects or e n gineers ," AYES: Don Smith, Ed Smith, Wade, Owens NAYS: Pierson, Parker ABSENT: Tanguma, Williams, Jorgenson The motion carried . Respect f ully submitted, By Order of the City Planning and Zoning Commission , ,Gertrude G. ~elty I Recording Secretary I • I /1 I • • • STAF F REPORT Pag e -1- STAFF REPORT RE: • • - SUBD I VI SION PLAT Case #31-7 6 Public Hearing on the Final Plat for Hampd en Prof e ssion al Park Subdivision. DATE TO BE CONSIDERED: January 4, 1977 NAME OF APPLICANT: R.P .R. Brothers, Ltd. (Thoma s Regan) 460 South Marion Parkway Suit e 154 Denver, Colorado 80209 Larwin Mul ti-Housin g Corporation 16255 Ventura Boulevard Encino, California 91436 NAME OF PROPERTY OWNER: Larwin Mult i -Housin g Corporation 1 625 5 Ventur a Boulevard Encino, Cali f ornia 91436 RELATION OF APPLICANT TO REQUEST: R.P .R. Brothers, Lt d. has an option to purchase the subj ect property from the Larwin Mu l ti-Housing Corpor ation. Mr. Thomas J. Regan is th e person irom RPR with whom the staff has been working. The Sternberg Pa rtnersh ip is the architectural firm, and Genge/Meurer Se rafini Inc. t h e Engineering f irm, e mployed to prepare the Pla t. LOCATION OF THE SUBJECT PROPERTY: Th e subject property is a 12-acre site on the south - west corner of the Larwin Property. It was identifi ed in the Larwin Subdivision Waiver as Phase s 8 and 9 . ZONE DISTRICT : R-3, High-Density Residential Zone District. DESCRIPTION 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- • I • • ( STAFF REPOR T Page -2- • • - SUBDIVISION PLAT Case #31-76 ments as may be required within a reasonabl e period of time after the approval of the Preliminary De sign by the Commission. The Final Plat mu st r eflect the s u bdivis ion plan which was ap- p r o ved by the Cammi sion on the Pre liminary Desi gn . Followin g approvnl of the P re limin ary Plan for the Hampd en Profession a l Park Subdivision by the Planning Commission at its me eting on October 19th, the applicant has submitted the Final Plat for consideration at a Pu b lic Hearing. The a ppl icant requests approval 0 1 t he Hampd en Pro fe ssional Park Subdivision Pl at . RECOMMENDATION OF THE DEPA RTMENT OF COMMUNITY DE VE LOP MENT: Th e staff recommends that the Public Hearing b e h e ld a s planned on January 4, 1977, to receive the testimony o f persons interested in the Ha mpden Profes sional P ark Subdivision Plat, Because there appears to be s om e q u estion as t o the ownership o f th e north 20 feet o f the land proposed to be dedicated f or East Girard Avenue as shown on the proposed Final Plat, the staff recomm e nds that the Commission not approve the Final Plat un ti l such time a s t he tit l e to the land b e ing ( platte d is acceptable to the C ity Attorney's o ffice . ( • In checking the F inal Plat which has been s ubmit te d, the staf f f inds that the north twenty feet o f the propos ed East Girard Av e nu e is own ed by Continental Assurance Company and they have not j oined in the Pl at . A f urth er condition to appro val, the applicant mu st submit profiles for the streets shown on the Plat and commit to com p letin g the improvements of the rights-of-way pro p osed t o be plat ted as set f o rth in Article VI of the Subdivis ion Regulat ions. The City Attorney will be prepared t o advise you on this matter on January 4, 1977. DESCRIPTION OF SUBJECT SITE AN D THE ADJACENT AREA: The subject site is approximately 12 acres in area , and is the west portion of the south half of the original Larwin Multi-Hou sing development. This land was identified as Phases 8 and 9 in the recorded Subdivision Waiver which was issued t o Larwin Multi-Housing Corporation. It is bounded on the west by Sou th La fayette Street and on the s outh by U .S . 285 and a section o f East Hampden Avenue, the latter being l i mit ed to west bound traffic fr om U.S . 285 entering on to East Hampden Avenu e. The streets on the north and east boundaries of the su b ject propEr ty • I • • ( ( • STAFF REPORT Page -3- • • - SUBDIVISION PLAT Case #31-76 are private roads which have been paved t o a 40 ft. width for access to the two dev e loped sections o f the Larwin Multi-housing Development. In the portion o f the Larwin development immediately to the north o f the subject site, there are 232 one, two and three-bedroom r es id e n t ial units. There is a mor t ua ry, a nursing home and single-family homes to the west o f the sub- ject site across Sou t h Lafayette Str ee t. To the so u t h o f U.S . 285, th e re i s low-density residentia l development, and s ou th of East Hampde n Av e nu 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 Lafayette Street south of East Ha mpd en Avenue, which is in the City of Englewood, and which is z on e d B-2, Business. The B-2, Business Di str ict extends along both side s of East Hampden Av e nu e for a depth of appro ximately 100 feet, running from So uth Lafayette Stre t west to the C .B.D . The land to the east of t h e subject site is und e v e loped and is also a part o f th original Larwin d eve lopme nt. Sw e dish Ho s pital and Craig Rehabilitation Cente r are approxima te ly six blocks to the west . The subj ect site is und eveloped, and is genera ll y f lat with a ge ntl e decrease in elevation to the north. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Comprehensiv e Plan desig nates the subject propert y ;,nd much of the surrounding property for us e as a hig h-densit y residential developme nt. 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 : Utilities Departme nt: In asmuch as the Final Plat - Hampden Professional Park c ontains no utility lines, the Uti li ties Departme nt ha d no c omm ents to add . That office has received the propos ed water and sewer layouts and have made its comments and r ecomm endations . When it is known what the develop- me nt will be, the fi nal utilities la y out will have to be pre- pared and approved b efor e service will be made available , • I • • - • STAFF REPORT Page -4- • • • SUBDIVISION PLAT Case #31-76 Public Service Company -Gas and Electric Divisions: No ob jections. Easements for service will be provided at the time of development. State Department of Highways:: The Highway Department wi ll not approve additional access to U.S. 285 ; h o wever, none is proposed. All draina ge must continue in the same direction as the existing drainage. If additional access to East Hampden Avenue (the portion that is not State Highway 285) is approved by the City, additional widening for deceleration l anes should be required. How e ver, we do request that access to Hampden not be a llowed. Department of Public Works: The Departme nt of Public Works has no objections to the plat other than clarifying the ownership of the north 20 feet o f the platted East Girard Avenue. Street profiles must be submitted and improvements made to City standards. BACKGROUND OF PREVIOUS CITY ACTION RELAT I NG TO THE PROPERTY: The subject site is a portion ol the original 57 acre KLZ S ite which was to have been the location o f Cinderella City . It wa s annexed to the City of Englewood by Ordinance #17 of 1 62. Under the provisions of the City's Zo n ing Ordinance at that time, any area which was annexed to the City was a u tomatically z oned R-1-A, the most restrictive sing l e -fam il y residence district, until s u ch time as "permanent" zoning could be established on the land. From the time of the annexation, several attempts to rezone the area t o 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 Resi dence District. The l and was z on ed 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 be constructed on the site in nin e 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 eventual ly withdrew the Planned Development application, and permits were issued for the con- struction o f Phases I and IV under the Subdivision Waiver which was approved for the entire site. The site plan which was sub- mitted with the application f or the Subdivision Waiver was r& corded on October 20, 1972, in Book 2069, Pages 29 thru 34, in the office of the Arapahoe County Clerk and Recorder. The • I • • ..... STAFF REPORT Page -5- • • - SUBDIVISION PLAT Case #31-76 streets through the Larwin deve l opme n t were not required to be dedicated because the development was to remain under one owner- ship and the private roads were meant to serve onl y the resi d ents o f that development, and to provide access f or emergency equip- ment . Access to the Larwin site was t o be limited to one access on Sou th La fayette Street at East Girard Avenue and two openings on U.S. 285. The subject site will have access to two of these, t h e openi n g on t o Lafayette at Girard, an d one on to U.S. 285. Larwin Multi-Housing Corporation completed onl y two of the nine propos ed phases of their development. P ermi ts for two phases o f developme nt o f mid-rise apartment buildings wer e taken out, but actual construc tion was n ever unde rtak en . R.P.R. Brothers, L td ., has a pplied for a s ubdi vision of approximately 12 acres o f 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 mad e in the l ayou t as the result o f discussion on the Pr e liminary Plan. The number of { Lots in Block 2 has been reduced fr om 8 to 7 . As previously proposed, Lot 6 had 30' o f the Denver Water Board easement running through its entire l ength, inh ibiting to some extent the full use of Lot 6. In the Final Plat, the applicant has eliminated that lot and has extended and enlarged wha t is now designat e d as Lots 5, 6, and 7 , The staff finds no problem with this configuration and anticipates that this will enhance the useability o f these lots. • Other than t h e reduction in the number of lo ts, 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 t h e request of the Director of Public Works. This sketch stows the juxtaposition of the proposed 60' right -of-w ay on the north and east periphery and the existing paved street with curb and gutter. The request was made f or clarification in order to avoid any possible problems if the existing street were repaved or needed to be realigned. • I • • - ( • STAFF REPORT Page -1- STAFF REPORT RE: • • • 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 Suite 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 fro m 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 Street and East Hampden Avenue. It was identified in the Larwin Subdivision Waiver as Phases 8 and 9. ZONE DISTRI CT : R-3, High Density Residential. DESCRIPTION OF REQUEST: The provisions of Chapter 3, Article I, §12-3-2(a) of the Subdivision Regulations states that " .•.•. it shall be unlaw- ful f or any person to divide any realty unless there has first been a subdivision plat prepared, approved and recorded, in accordance with the provisions of this Chapter." • I • • - ( ( • STAFF REPORT Page -2- • • • SUBDIVISION PLAT Case #31-76 The applicant is submitting the Preliminary Desi g n plans as the first ste p in the procedure for subdividing t h e prope rty as required in §12-3-21 of the Subdivision Regulations : "The owner of any realty required to obtain approval o f a sub- division plat shall f irst prepare a preliminary desig n o f his proposed subdivision, and shall submit to the Direc t or 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 o f the final plat. Approval of t h e f inal subdivision plat will have the effect o f vacating th e prese nt subdivision waiver as it applies to the subject site. RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The staf f recommends that the pr e liminary subdivision design plan be approved by the Planning Commission subject to the f ollowing conditions: 1. The size of each o f the proposed lots shall be no less than 24,000 square feet , the minimum area which is required for most of the P e rmitted Uses in the R-3, High Density Residence District. If a high-density residential development is propos e d, 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 thro gh the center of the subject site will be dedicated as shown on the Preliminary Plan and a name for that street shall be d eter- 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 ge plan shall meet the requirements set by the Director o f 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. • I • • ( • STAFF REPORT Page -3- • • • 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 Rehabilitatio n 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 o f the surrounding property f or use as a high-densi ty residential development, In addition to multi-family resi- dential use, hospitals, clinics, nursing homes and professional of f ices 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 proposed subdivision, the following comments have been received from the various agencies and departments: • I • • - ( r ( • STAFF R PORT Pag -4- • • • SUBDIVISIO PLA T Case #31-76 1. The State Department of Highways will appro ve access to the site as shown on the plan; but no addition al access to U.S. 285 will be approved. The Highway Depar tment will require the drainage to be taken to the north away from the highway. 2. Mountain Bell requests that there be a 10 ft, easement (5 ft. each side) along all side and rear lot lines for its service. 3, Public Service Company of Colorado suggests 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 o1 Public Works reply is as follows: By your memo of 9-17-76, you requested comments with r e gard to the above. This subdivi s ion would be a portion of the overall Larwi n Multihousing property, and the original plan for that development wa s to keep all of the storm drainage wa te r on the s ite or within pipe leading from the site, with the e xception of a very small front yard are a along South Lafayette Street. This new proposal, as I view it, would increase the runoff down South Lafa ye tte Street; therefore, we should require that another nlet be placed at So uth Lafayette and Floyd Avenue on the south end of the return at the southeast corner of that inte rsection. This should be an open throat inlet mu ch the same as the one at the east end of that same return. With the exceptio n of the s uggested inlet, we would have no objec tion to the proposed subdivision . /" . ' ,,..-7/ . -/ ·c {,r ,.-_.,, 1 <. {. ·-, c:.:._,J . -y~· Kells Waggoner Director of Publi c Works KW/ls • I • • ( • STAFF REPORT Page -5- 6. posed plat. • • - SUBDIVISION PLAT Case #31-76 The Fire Department had no objections to the pro- 7. The Util ities De par t me n t has no objection to the proposed plat. 8. The Code Enforcement Division has no objec t ion t o 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 Cali f ornia, and that they will be selling the entire Larwin site in Englewood, probably to several different developers rather than as a single unit, Re cent efforts on the City's part to contact Larwin have been to no avail. It would seem that the most prac t ical procedure now will b e to work directly with the new owners in order to get access dedicat e d, the storm drainage taken care of, and developments which will comply with the City's ordinances. Several persons have 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 De sign Plan. Most o f 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 requir e - 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 f or 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 to the preparation of the Final Plat. The staf f has suggested that a drainage plan be provided wi t h the Final Pla t . The draina ge plan which was recorde d as part of the Larwin Subdivision Waiver, provided f or mo st of the drainage f rom the subject property to b e retained on the property or to b e piped from the site. There is a t riple in l et a long the private road bordering the s ubj ect property on the north, which could handle some o f the r uno ff from the dev e lopme n t . The remaining runo ff will be directed to South La fayette Street ; hence, Mr. Waggoner's requirement f or an additional storm sewer inlet at the s outheas t corner o f Sou t h Lafayette Street and West Floyd Avenue. The implementation o f the dr a inage plan would take place at the time o f development rather t han at the time o f the Subdivision. The d eve loper will probably wan t to coordinate this installation with Larwin and it would b e re- quired to be installe d b efore a Development Plan is appr ov e d f or the subject area or any portion thereo f . I • • ( STAFF REPORT Page -6- • • • 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 f oot 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 sixt ee n lots and be of sufficient width to accommodate any of the p e r- mitted uses in the R-3 District. Along the northern perimet e r of the subject property, there is an existing 40 foot privat e 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- ever, it would be necessary to vacate portions of these ease- 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 Comprehensive 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 o f~ices, nursing homes or clinics . If all of the subject property or a portion o f it were 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 f or 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 1 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, • I • • - \ • STAFF REPORT Page -7- ,· • • • SUBDIVISION PLAT Case #31-76 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, 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 to 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 equip- ment. Access to the Larwin site was to be limited to one access on South Lafayette Street at East Girard Avenue and two openings on U .S. 285. The subject site will have access to two of these, 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 development. Permits for two phases of development of mid-rise apartment buildings were taken out, but actual construction was never undertaken. I • • • • • LAW C F"F'ICCS CHIS\tVE LL. PATTE RSON & BALLANTINE JC!-iN A.. CAl!;;WCLL O,.Ry r>,1,TTCRSON SCV(IU.Y N . B"L LANTl °"C :t-fa y ~, 1977 3780 SOU TH BROADWAY £N GL(W000. COLORADO 801 I 0 TCLC:PHON(: (303 ) 761 ·CBOO ,JQ;..+N N , MC N4MARA, .JR, ,JQHN t , MYl..1;5 • TO : ~ayor, and ?!embers of City Council FP.OH : John A. Criswell, Counsel for residents of Kent Villar;e SUBJECT : Hampden Pro f essional !'ark I. Factual Background A. Past Land Use Decisions Since 1967 . ,19,6 7 : :-----i::and is zoned ~-1-A. Developer (Lou Carey) requests City to zone ground R-3. Represents that it will be de- veloped as high-c las s residential, with lots o t o p en space, 1/2 million dollars of outside statuary, etc . Presents slides showing similar developT!lents in California. Group, represent i n g Care y , City and neighbors neg ot i ate for restrictions during course of which Carey of f ers to agree to limit null\ber of units to approximately 1,15 0 . Ne g otiati ons fall through, but Carey records restrict i ve covenants, running for benefit of City, limiting unit s to 1,500 , and land is re-zoned . Simultaneously, City adopts subdivision regulation s in reliance upon City Attorney's opinion that these regulations can be utilized to require the landowner to limit the use, height, density, etc. of site below that required by zoning ordinance . (See Don Fullerton's testimony be f ore the Planning Conunission.) 1972 : --Larwin files request with ·Planning Comm i ssion , ask ing f or two things : 1. and Approval o f a P .U.D . unde r the zoning ordinanc e; 2. Waiver o f platting requirements under subdivision ordinance . • ~. , I I • • Mayor and Members o f City Council Pase -2- May 9, 1977 • • • Staff recormnends that waiver of platting be granted only if a specific P.U.D. plan were approved. Nevertheless, Larwin withdrew its request for P .U.D. zoning and, instead, asked that the Commission waive platting, expressly conditioned upon the landowner's legally enforceable agreement that the entire tract would be developed in accordance with a spec ifi c, overall development plan. This development plan included, among numerous other details : 1. The location, configuration and hei g ht o f each building; 2. The type of each unit (i .e., 1-bedroom, 2-bedroom, ~tc .) which was to be contained within each building; ' 3. The tot~l number of apartment units to be con- tained in each portion of the tract; \ 4. The location of a public park to be dedicated to the City; and 5. The location of recreational facilities to be built and placed on the tract for the benefit of tenants (so that the public park would not be overused by the development's residents. My clients appeared at the various hearings before the Corrunission and, in addition, negotiated directly with Larwin. We had several objections to the plan. Nevertheless, the Commis s ion adopted a resolution sranting Larwin the r ight to build and develop without subdividing, provid i n ~ the d eve lopment took place in strict accordanc e wit this general development plan and with a detailed landscaping plan. This resolution, the d eve lopment plan, and the land- scapin g plan were all recorded with the Clerk and Recorder, so that anybody thinking about purchasing any part of this • I • • Mayor and Members of City Council Page -3 - May 9, 1977 • • - property woul d be put on notice that he would be bound by this plan . (Hhen 't"r. Regan checked on the title to this property , Transamerica Title Co . referred him to this r solution and the plans'.) il y client s still had certain objections to th is plan, and whi le we seriously considered takin3 the Ci ty ,u,d l~rwin to court over the matter, we decided n o: to do b~ becaus e, in sp i te of the disadvantages of t~e pla , i also had certai n advantages, i.e., exclusively re :idential (no of:fices or commercial), height limitations and density limitations more restrictive than the zoning ord i~ance allowed and, since the resolution and plans wer e being recorded, we f elt that the Commiss i on's reso- lution could be legally enforced and could not be changed .. in a n y substa_ntial manner without a showing of extra- ord i nary circumstances. In short, we felt, based upon Larwin' s representat·ions and the Conunissi9n's action, that the g eneral develo pme nt plan approved b y the Commission was the practicable equiva- lent of a zon ing P .U.D. (Frankly, it is my view that 'it is also the legal eouivalent o f a P.U .D.) See Attachment 1 . 1972 -1 9 76 : After the Conuni ssion approved such plans, several events occurred ove r the next 4 -5 years, as follows: 1.. The park was dedicated and developed ; 2 . The norther n portion of the tract was developed in substantial compliance wit h the development plan; 3. Larwin failed, however , to comply with c e rtain o f these req uirements, i.e., recreational facilities and landscaping; 4. The City failed to take any lega l steps to com - pel Larwin or its successor s to com p l y (query -Is Regan willin g to co~e u~ with a proportionate share o f the money necess a r y to f ulfill these conunitments?); 5. Several individuals soent substantial sums of money to purchase ho mes in specific relianc e u p on the • I • • Mayor and Members of City Council Page -4- May 9, 1977 • • - representation by City of fi cials that this tract would be developed in accordance with the plans. 197fi -1977 : Regan enters into an option with Larwin to acquire the southwest portion. He applies to the Cornnission for the approval of a subdivision plat and announces his in- tent not to comply with the terms of the general develop- ment plan. Rather, he intends to build office buildings, rather than apartments, and to disregard the requirements for building size, location and height limitations con- tained on that plan. Presumably, he would also disr egard the approved landscaping plan. The Planning Staff and Commission recognize that approval of the plat would result in an approval o f an amendment to this development plan, yet no one, apparently, has any idea ot what would occur on the remaining portion of the undeveloped Larwin tract. Ind i cations are, however, that the Cormnission, at least, i.s willing to cons ider that development plan as "dead". Consequently, i f this plat is approved, the City will be removing all c ertainty which my clients now have as to what is going to happen next door to them and will be rendering completely meaningless all of the "blood, sweat and tears•· contributed by all sides to the controversy in developing that plan . ~- B. The Commission Proceedings January 4, 1977 Col!l!T\ission conducts hearing on Regan's plat. However, none of my clients are given notice because their ground does not abut Regan's ground, although it does abut ground covered b"y"tne development plan and it is admitted that approval of Regan's plat would amend this plan'. J anuary 18, 1977 My cl iqnts learn, through hearsay, of this proceeding and appear at a Commission meeting . Commission refuses to reopen hearinr, to let my clients testify while, at the same time, authorizing Regan to present further testimony and information at a later meeting. • I • • - Mayor and Members of City Council Page -5- Nay 9, 1977 • • - February 18, 1977 Clients consult with me for first time and I write letter to the Commission, with copies to Larwin and Regan, protesting the procedure and requesting a further hearing. March 8, 1977 After notice to all interested parties, Commission conducts further hearing. All Commission members are present, and, after hearing testimony, Commission defeats resolution conditionally approving plat by a vote of 5 to 4. Thereafter, a resolution denying plat approval is adopted by a vote of 8 to 1. No one is informed that Commission is going to consider"°"matter further . March 22, 1977 Uithout giving ~ny notice to anyone, the Commission reconsiders its action of March 8 and, by a vote of 4 to 2, adopts resolution which was defeated at lfarch 8 meeting . At time of vote, 3 members were absent'. II . Our Po 'sition A. Legal Position 1 . It is my view that this Council lacks jurisdiction to act upon this matter because the Col!II!lission lacked juris- diction, without giving further notice and conducting a further hearing, to adopt the recommendation presently pending before Council. Compare the 1965 decision of Judd vs. Anderson, 158 Colo. 46, 404 P.2.d 553. 2. In any event, my clients had every right to, and did, rely upon the recorded documents; the representations by Larwin and the City; and upon the general principle of law that restrictions upon the use of land imposed by a governmental agency will not be substantially changed, unless and until, at the very least, there is a clear show- ing that, due to substantially changed circumstances, the public welfare requires such change. 3 . Hhen the City approved the waiver in 1972, it took the position that consideration could be given only to the parcel as a whole and used this position to deny to the • I • • Ha y er and Members o f City Council Page -6- May 9, 1977 • • • Commission its right to reconsider its approval of the waiver. The City, therefore, is now estopped to con- sider the platting of this tract except on an overall basis. B. Practical Considerations 1. My clients do not suggest that the present development plan is the best one in the world. Indeed, as noted above, they have some objections to it. Yet, it has the advantages of assuring a residential character to any develop!'lent and of giving certainty to the neigh- borhood of what that development will be. They are un- willing to agree to substitute that certainty of the type of future development for a relapse into the pre-1972 era of always being in a quandry as to who was going to do what next. 2. By approving the present plat without regard to the remainder of the ground, the result will be the virtual destruction of the development plan prior to the time planning considerations are given to what-rs to be done with the rest of the ground. Is the Reg a n request merely the first dominoe to fall? Will we, and the City, hereafter be faced with a continual series of requests which could result in a "strip" of office/ commercial uses along U.S. 285 right up to Kent Village's border? 3. Even the Commission, itself, recognizes that further planning is necessary even before Regan's develop- ment can be complet e d. Thus, the Corrnnission has recommended that, even though the proposed plat be approved, there should b e no development until Re gan ha s had the City approve a development plan under the P.U.D. provisions of the zoning ordin ance. This would require, of course, another series o f public hearings and another op,ortunity for litigation. 4. ~rom a practical standpoint, it is our view that attempting to solve the problem of the Larwin parcel on a piece-meal basis will provide no assurance either to the City, to the neighboring landowners, or to any developer of what can, and cannot, be developed. In our view, the • I • • • • - Mayor and Members of City Council Page -7- May 9, 1977 following needs be done: a. The City should serve clear notice upon Larwin that it cannot expect to saddle prospective purchasers with its problems, and that the City will not release this ground from Larwin's co=it- ment s , by approval of individual subdivis i on plats, or otherwise, unless and until Larwin: (1) Satisfies the City, throug h the posting of appropriate bonds, or otherwise, that it recognizes that it still has an obligation to fulfill its colill!litments for recreational facilities and other features; and (2) Demonstrates to the City that there is justification, through change of circum- stances or for other reasons, to amend, modify or abrogate the present general develop- ment plan; and (3) Presents to the City a substitute development plan, including a subdivision plat providing for dedicated streets, utility ea s e- ments, etc., for the entire undeveloped tracts . 5 . For our part, we can understand why the present development plan previously agreed to by Larwin and approved by the City, because it is so specific and detailed, could not be expected to be utilized by another developer . We realize that, consequently, the land , if subject to this development plan, will be di ff icult to sell. We also realize that the approva l o f one or more subdivision plats will provide to the City the necessary dedicated streets , ease- ments , etc., wh ich it does not presently possess. Finally, we r e alize that g ood planning principles could authorize some "mixed'" us es on this ground, providingtne overall tract maintained its essential residential character a nd providing that r eas onabl e restrictions, designed to pro- tect neighboring properties, are placed upon that deve lopment. See Attachment 2. I • • ( \ • Mayor and Members of City Council Page -8- May 9, 1977 • • - 6. This sort of approach would, finally, lay to rest the problems which this City has faced during the past 15 years, with reference to this ground. The present proposal would not lay these matters to rest but , instead, would merely continue for several more years the ever-continui ng dispute. JAC :kmr Attachments • I • • ( ' • , , . . 't'~ . ·r\. ii: -· ,~ .___...-., .•••• '1 .t . •. . --• . ... .• ~ .. _, .. ····-··- :...... : ~--~.-4 .. -.. 1:3203.36. :'!.\!l '''r. r: !" ,re . ll c .. ~·~u l t • .. u ----, SERI E S O? I T,:! .-\ P.tSOlXT!O'·; C: ::.'<'LP,(10~ Pi .-'-.\~:}';:j .-\'.D 7.0\"FG r o:.•::I:3SI0\" t ;_.;1-.·;\G T,i i:: ',FCE ::-S F·: l 'r· :i:E P ~r:!-':fr,.l.:IO\, _.i.P ;>20·::\L . .\\D FILI .\G OF~ S~B~JVISIOX PLAr. hl!E RE ~S , ~~l .3-3 c! t \c ~uni~ip~l Code of th e Cit y of En g l f',•:0 0,l, ;1s :1:-,,,11 ,:i c r1 :,,. (1i ·:lin~,!"!,.:•.:! ~0 . 17. S e !'!(·S of 1967 , of li,L' Cit~· ul En :..;l c,wu111 1 , •·,:1 1l,ii ·,·~; th :1l .:i !,,ii>di \'i,-::u11 pl a t l>i::-p i·e- p a r e d. ap ;.;r o n :c.! b y t!:r. Pl ::.:::ii t ,!Z' and Z or.ii,:.; c.·,:,;::1issio.1 :ind City C•Ju:1c 1l of th e C i ~y 0f r n:.:;l t:·.-.ovd , and file~\ for r ecord wi t h the Cl erk and R ecord er of t he Coun ty o i Arapaho e , S t at e of Col or ~do, prior to the d i v ision o r subdiv i s ion of any r ea l t y w ith i n the City, a s d e f i n e d i c §21.3-5 th e r e of, and WHEREAS, §2 1.3-~(b) of s aid ordinan~c authoriz e s th e said Pl a nn i n g and Zon ing Commi ss i o n to wa i v e the n e cessity for compliance with §21.3-3 u p on s uch r e asonable conditions as th e said Commission may r e quir e , and \HIEREAS, Larwin Mul tihousing Corpora ti on has made application to th e said Plar.;ang ana Z o ning Co ~1r.11 ss 1011, purs u:-..nt to th e pro- visions of §21.3-1(b} for a waiv e r of th e nece s sity for compliance with §21.3-3 insofar as the following describ e d realty is concerned, to-wit: See Attachment "A". t . ~!!d -----~----~----------------- \nl'EnEAS ,' the said Pbnnin~ and Zonir:g Co mmis s ion has :;iv e n conside;·ation to s:iid ap pli c ation and ha s , and clo C's hereby, find and d e termine th:it th ~ h e r ei n a b o ve d es cri be d real prop e rty is of such i;nusual si ze or ~!:a;~.::, or it s loc:it 1 o n ~nd relation s hip to presently existing str ee ts, alleys, utility rights of way '~nd other_ neighborin~ d e \'e i:o prae nt is such th::it no substantial b e nefit would be gained b;: th e -City or by the public from requiring a s~bdivision plat to be prepared, approv e d and filed therefor, NOW, THEREFORE, m: IT RESOLVED BY THE PLANNI~G AND ZONIN'G Cml~IISSION OF THE CI,Y OF J::t-:GL EWOOD, a s follows: 1. That, pursuan t to the provi s i o n s of ~21.3-4(b) of the Municipal Code of th0 City of En ~l e wo o d, a s amended by Ordin~nce No. 17, S e ries of 1967, th e n ec e ~s ity for the o wner of the herein- above described prop e rty to pr e pare, to gain approval thereof, and to file a subdivision plat upon and for the above described reclty is hereby waived, and th e necessity for such pr e paration, approval and filing is h e reby disp ~n s ed wit·h, subjec t to the conditions hereinbelow set forth . 2. That th•· s :li<l w:-1iv f'r shall tw snh _;.,.,-t to thP f0llm"i!1!:: conditions and s::iid wa i \'er shall n11t bC'~o me effective until said conditio n s a r c m(•t. Slln11lc.! the saiu cv:,dirion s "'.O Dt::ti11 require- me nts of a continuiDg n::iture, this waiv e r shall c e a s e its efl'ective n e ss at: such time as th e pres e nt o wner, or any successor in ti~l e ,fails to c on ti n ~e to comply with s::iid c o nd i tions. The sa i d co n d i tio ns to which th e afor e said wai ve r i s s ubj e ct arc as fol lows: S e c ,Hla c lt 111,•n t ''R ", Concl j ti o 11 s; Al s o Exhjbit ··"A", Ge n e r a l ll(•v c lop111 e nt Pl a n; and Exhibit "B '', -. . ... I ,, n I I ._. 1• ""\ •• 't 11 1> ~I I I 1,11 • ......... ~·-·-... ~,..··ro a.•-OJ••'""" eastern boun da ry of th e s ul>j ec t s i t e. Attachment 1 I • • -•. • • ' • cOO • 206 9 ~A~( 30 3. That th e s c c ~0 t ~:-~ of th e Pl ann 1 n; and Zon i n~ Co ~- r.~ iss i o :·, o ! t ::~ C :. t y or i ~:·.:, ~ ·-~ .,v -.~.ci is i:-? :·~·d:: j ~: r: !?·J ~· !.Z (·.:: t,nd dir e c!e d t,, c a..1 s ·.· •.,) :1,, r c:-.),·•:h ·d .. ,1:•: ~;:1.: ·.::J,_._ ,: a:1d l-:t:'c ord e r of ,h e C (•.i~,·-~-l 'f )11 ·:1 1:;1 ~.n .:· a C(·t ·• 1 fLL·d <·.-,:,.,. ,:,f u ·.i s 1·,,s olut io n at t it(• l:1 ·:ri,11.r ;v ,·'~ (•':('• '!"''· :l",d th e 1•.:!t\·n:· S(.'t fnrt~ l!t'J'ein ~1 !:-tll 11 i,f l1t ···o1 ··•· ,,J 111 ·1 ·1\1 · 111,lt ·· ... ~-. 01 · ,11 :1 1 l , lll•· sa 111L' i~ s o l'L'<.:O J't..ll·:..l . Attest: Englewood EXt:.:LE1iOOD P!_..\~:,; l ~G ..\:\'D zo~ ING Cv:,1 :,1; SS I ON _B._::Y __ =,L=cti 1£~·~-=-· ----. a1n an .J •< Gertrude G. \Vcl ty , the duly appointed and acting Sc<.T<.· l i:'11 ·y ul U 1L~111111 ;.: :ind Zoru n~ Co in miss1on of the City of En g le~ood, do ~e r c by certify that th e above and fore g oing is a true, co mplete and accurat e copy of a resolution duly .adopted by said commission at its (regular) XKJXKXli l ~ meeting held on the 17th day of Oc to her , 1972 : that the same has not been -repealed or oth e rwis e am e nded orriioclified; and that the same is still in effect. '· ecretary Englewood Planning and Commission. • p Zoning I • • In --n - •. • • ' • e.::'J, 2C59 r.i ~t 31 ATTAC.Hr.lENT "A" The SW 1/4 SE 1/4 of Section 35, To wn s hip 4 South, Range 68 West, EXCEPT those portions described i n Book 789 at Page 548 and in Book 1143 at Page 497; AND the E 1/2 SE 1/4 SW 1/4 of Sect i on 35, Township 4 South, Range 68 West, EXCEPT those portions described in Book 657 at Page 3~ in Book 662 at Page 299, and in Book 1143 at Page 497. ,: . I • • In ,.., f • •• .' •• I • ' • ( ( 6:JOK 2069 m£. 32 ATTACHMENT "8" The application for a Subdivision Waiver submitted by Larwin Multihousing Corporation be granted for the following reasons: 1. The intent and purpose of the Subdivision Regulations, as set forth in §12-3-l(b) will be met by compliance with the conditions to which the approval is subject, as well as the recording of all documents, plans and agreements as set forth herein; 2. No substantial benefits would be gained by the City or by the public from requiring a subdivision plat to be prepared, approved and filed, subject to compliance on the part of Larwin Corporation to the following amended revised conditions as contained within the Staff Report: CONDITIONS TO BE MADE PART OF WAIVER APPROVAL: 1. Development of the subject parcel shall comply with the provisions of the Comprehensive Zoning Ordinance effective on the date of this approval. 2. Development of · the subject parcel shall comply with the General Development Plan (Exhibit "A"), which shall be approved by the Commission and attached hereto, and by reference made a part hereof, and shall be limited to a 'maximum of-·l,500 dwelling units plus ancillary structures for recreation and security purposes. The General Develop- 3. 4 ment Plan shall provide for not less than 45% of the total land mass of the tract to be set aside for open space and recreational purposes. The Site Plan, which shall become a part of the General Development Plan, subject to approval of the Commis si on, shall have indicated thereon the hei~ht of each individual structure, the maximum lot coverage, and said site plan shall be recorded. Development of the subject parcel may proceed in stages subject to approval of the following items prior to the issuance of Building Permits. a. As a further condition, the Larwin Muh.ihousing Cor- poration agrees to be responsible for and to protect, save harmles s and indemnify the City of Englewood, Colorado, adjacent or other property owners and residents from and against all loss, damage, cost and expense of every kind ~nd de~cription suffered or sustained by the said City of Englewood, or for which said City may be held or become liable by reason of injury, including death, to persons or property, or other causes whatsoever in the event an attempt should be made to hold the City liable therefor, and by the said adjacent or other property owners and residents, caused directly or indirectly by Larwin Multihousing Corporation in connection with and during the entire period of development of said tract of land. b. Compliance with the provisions of the Comprehensive Zoning Ordinance. I • • - ... - ( (_ ' • ATTACHMENT "B" Page -2- ( ( SOOK 2069 FAU. 33 c. Approval of on-site grading and storm drainage plans by the Director of Public Works. Such approval may, at the discretion of the Director of Public Works, require the on-site storage of storm drainage water, of not less than a "100-year storm", until the completion of the Northeast Englewood basin storm drainage system by the City to handl e a "two-year storm." In the event of any increase in or un-natural water runoff during the developme nt o f said tract of land which causes danger or d amage to facilities of the City of Englewood or to adjace nt or other property owners and residents, then the Director of Public Works shall have the right to order the stoppages of any furthe~ development until such time as the Larwin Corporation provides adequate safeguards to any such danger or possible future damage. d. Approval of on-site grading and storm drainage plans by the Director of Public Works so as to limit peak discharge at the 100-year storm to 60 cfs and storage of the balance of the runoff on either the applicant's property, or that dedicated to the City by the applicant for pu~Jic park purposes. e. Approval of fire lanes and emergency access b·y the Fire Chief. (Applicant shall agree to designate, and identijy by signs acceptable to the Fire Chief, said fire lanes and spotting ramps prior to the issuance of Occupancy Permits for each phase or-stage,) f. Approval o~plans for the locations and specifications of on-site water lines and hydrants by the Fire Chief and the Director of Utilities. Easements shall be provided for lines intended to be in public ownership, g. Approval of plans for the locations and specifications of on-site sanitary sewer lines by the Director of Utilities. Easements shall b e provided for lines intended to be in public ownership. h. Approval of curb cuts by the Dire c tor of Public Works requiring that primary access points ma tch with street intersec tions a nd media-n openings (applies to one access point on Lafayette at Girard, and two acc es s points on U.S. 285 at median op e nings ), (State Highway Department approval and p e rmits for con- struction are required for entrances onto U.S. 285). 4. The City of Eng lewood gratefully acknowledges applicant's offer to dedicate to th e City, approximately 4,45 acres of land, so d esignated (Parce l "A") on the General Deve lop- ment Plan (Exhib it "A"), for pub lic park purpo ses at such time a s th e City is willing to accept the same . Use o f said land f or public p ark purpo ses may be su bject to interm ittent storage o f storm wate rs dr ai n i n g from applicant's propert y created by up to a 100-year storm . I • • .,, ... / ' ' r • ( \ ' , . • ATIACH MENT "B" Page -3- BOOK 2069 PAL£ 34 5. Applicant and the City shall jointly conceive a grading plan for Parcel "A", based upon a design for Parcel "A" by the City. Applicant will complete rough grading for Parcel "A", and will retain the topsoil from the parcel for City's use in improving said parcel. 6. Temporary draina ge provisions shall be made by applicant to prevent silt from unimproved areas of the property from being deposited in Parcel "A". 7. Floyd Avenue shall be improved , at applicant's expense, in accordance with the specificat ions of the City of Englewood, including sidewalk, curb, gutte r and paving. Ingress and egress from and to Floyd Avenue, other than for emergency purposes, shall not b e provided except upon prior approval of the Commission. 8. Plans for security procedures to be utilized during con~ struction shall be approved by the City prior to any construction. 9. Access, both ingress and egress, for construction vehicles , shall be P...rohibited on the north and west sides ·and shall be permitted only on the south (U.S. 285) side •. 10. ~ At such time as the Director of Public Works determines a need for the widening of Lafayette Street, from East Floyd Avenue -to East Hampd en Av enu e , to provide for additional traffic capacity, the Applicant shall ~edicate · five feet (5') of land for such purposes. Such dedication may not be require d sooner than t wo (2) years nor later than five (S) years from the dat e o f approval. Installa- tion of any such improvements shall be at applicant's expense. 11. Landscaping along the east boundary of subject site shall bo inHtnll o d ns per the s p eci fic plnn ns d~to1~incd from ~xhibl t '18". No campers, trailers , IJOa ts or other similar personal property shall be permitted to park or be stored in the parking area on the eastern boundary of the develop- ment. Further, that all trash containers and pick-up points serving the eastern portion of the proposed d e velop- ment shall be located to the west of the eastern-most buildings in the Larwin Developme nt. 12. All plans for the proposed development shall be recorded, with th e subdivision waiver, in the office of the County Clerk of Arap a hoe County at the applicant's expense, and all cons truction shall be in general conformance with said docume nt s as determinea by th e Director of Community Development with the advice o f othe r City De partmen t Heads in their fields o f ex p ertise . • I • • • - • i ... . ' ' I . . • • n ,.. I n • • - .~· ( LAW C F"F"I C CS CRISVVELL. PATTERSON & BALLANTINE .IO~N A.. C A ISW(LL C:.•'t l" p~r f CIQ '.;.Q,..; B !:V l.lQ LV N . O.a.L LANT INC 3 780 SOU TH BROADWAY [N G L CWOOO. CO L O R ~OO 8 0 110 T[LCP M O N [: (303 ) 761 ·0EJO U JU P'fN N . M C N A,...A R A,. Jr# • .J O '"lN £. M'l'L.C S • William J. Gaskins 2785 North Speer Blvd. Suite 350 Denver, Colorado April 20, 1977 Re: Hampden Professional Park Dear 11r. Baskins: As you know, this firm represents a number of landowners who live in the iulillediate vicinity of the land proposed for development by you:i:.-client, Mr. Regan, and Larwin Multi-Housing Corpora_tion. As ... _you also know, the subdivision plat proposed by Mr. 'Regan, and. the development contemplated thereby, is of ereat concern to these landowners for several reasons, amongst which are:, 1. City Council initially zoned this ground in reliance upon t~ specific, express representation by the then developer that it would be developed only for multiple-family units: 2. Before Larwin commenced developing this property, it appeared before the City Planning Commiss i on and specifically and expressly agreed to a specific development plan which limited the use of the property to residences, and limited the height, lot coverage, number of units, and other factors. This development plan was agreed to by the City during the course of public hearing s in which my clients p a rticipated and, in reliance i;pon the adoption of that plan; which wa s s ub s e - que ntly recorded, my clie nts did not ins titute litigation t0 challe nge th e wa ive r gran t e d by the Attachme nt 2 • ~. I • • • ( William J. Gaskins Page 2 April 15, 1977 • • • ( City. In addition, many of the individuals who pur- chased ground in this vicinity relied upon the recorded documents describing this development plan, as well as specific representations made with re- spect to that plan by City officials. 3. The proposal exemplified by your clients' subdivision plat does absolute violence to this development plan, not only with respect to the use, heighth, density and other factors involved upon the ground which would be subject to the subdivision plat but to the remainder of the ground as well. Consequently, I have received instructions to take such steps as may be necessary, including legal action against the City, your client, Larwin and any other persons who have an interest in the overall Larwin site to assure that the property will be developed in accordance with the previously agreed upon development plan, unless the present owners of the property are willing to sit down and agre~ upon private restrictive covenants which would incor- porate,-substantiali"y, the major present characteristics of the present development plan. If this were done, you might find that my clients would be willing to authorize the development of uses other than residences on at least a portion of the ground to which the present proposed subdivision plat relates, providing adequate assurances with respect to heighth, density, lot coverage, etc. were provided. Unless or until my clients are given assurances as to the development oL·the entire tract, however, they can, as you can understand, be in no position to agree to the non-resi- dential development of any portion of the overall site. However, it is my view that the development of private re- strictive covenants between Larwin, your cient, the other owners of the site and my clients would serve the advantage of all in- volved in the following ways: 1. To my clients, of course, it would provide a degree of certainty as to the nature of the future development of this site and they would not be faced with the intermittent "change in signals" which is • I • • - • ,William J . Caskinr Page 3 April 15, 1977 • • - ( occasioned by an application, and re-application, to the City Planning Commission. 2. For your client, it would, at the very least, remove the risk that City Council would fail to approve the proposed subdivision plat and the risk that, even if City Council were to approve the same, litigation might reverse that decision or, in any event, delay the development of the ground. 3. For Larwin and the other landowners, we are certain that there are features of the present develop- ment plan, since that development plan is quite speci- fic and detailed, with respect to the location of buildings, etc., which render the present ground un- marketable if that ground is going to be subjected to the present detailed restrictions contained upon the development plan. A removal of these specific re- strictions and a substitution of general restrictions within which any prospective developer could work his'own developtnent plan would, in my view, be of con- siderable advantage to the present landowners. ' We have developed for ourselves some standards and criteria for the development of -private restrictive covenants which, in our view, are reasonable restrictions and ones which would allow the ground to be developed to economic advantage, while preserving the a me nities contained..within the present development plan. Howeve~ since City Council has scheduled a public hearing on your proposed subdivision plat for May 9, 1977, it is our view that it is much too late in the day to attempt, either for you or for us, to negotiate with Lan,in by long distance. I would respectfully request, therefore, that you call the contents of this letter to Larwin's attention and request that a Larwin representative come to Denver for the purpose of discussing the feasibility of the approach herein suggested. If Larwin does not show enough interest in developing the remainder of this ground to have a representative speak to us, we seriously doubt that Larwin is interested enough in this project to agree • I • • - • William J. Caskin¥ Page 4 \ . April 15, 1977 • • • to any reasonable restrictions, in any event, will merely continue to take whatever actions compel Larwin, or any successor, to honor the by Larwin in its present development plan . Sincerely, ( in which ca s e we are necessary to connnitments made John A. Criswell JAC:clm cc: Richard Brown James A. Sullivan Hon. Gordon Allott Ns. Martha Eddy Peter J. Walsh !; .• For CRISWELL, PATTERSON & BALLANTINE \ I • • n - ( • • - ) ' ( I 'I LAWOf'P'ICES CRISWELL .& PATfERSON JOHN A . C"ISW&LL G.AIIIY ~ATTrJISC)N 3780 SOUTH BROADWAY ENGLEWOOD, COLORADO 80110 TELEPHONE: (303 J 781 .0100 .IOHN N , MC NAM.t.111A, .Ill. .JOHN E . MYLES August 5, 1977 ~<41 • Jeremy D. Van Ness Vice President & General Counsel 'fhe larwin Group, Inc. 16255 Ventura Blvd. Encino, California 94136 William J. Gaskins, Esquire 2785 North Speer Blvd. Denver, Colorado 80202 Re: Kent Village Association (Hampden Professional Park) Genltemen: Enclosed herewith you will find a very rough first draft of a proposed "Restrictive Covenant Ap,reement", plus a proposed description of the "burdened tract ', as that term is used in this draft, a list of proposed attachments, as referred to by this draft, and a copy of the topographical survey referred to. I desire to impress upon all of you several things, as follows: 1. , This draft is being presented to you for your review and comments, reserving the right, however, to propose · additional or changed provisions. The continued public hearing on the Hamp- den Professional Park subdivision plat is presently set before City Council for August 22. It is my view that my clients should certainly not appear before Council to withdraw objections to that plat until such time as a final written agreement is agreed upon and executed by all proper parties. Consequently, it would appear that this matter must be handled with some expedition and the quickest way to "get the ball rolling", in my opinion, is to present to you a draft for your review so that we might pro- ceed promptly to finalize the matter. I would hope that I could be presented with your objections, suggestions and que s tions upon thismatter no later than Friday, August 12, so that a second draft may be circulated and, hopefully, executed by all involved prior to the Council meeting. I • • Je;remy D. Van Ness ( William J. Gaskins, Esquire Page 2 August 5, 1977 • • - ( 2. I have encountered some difficulty, without taking the time to compute the various legal descriptions for myself, to ascertain the proper legal description for the "burdened tract" and for each of the parcels involved. The overall description enclosed herewith excepts conveyances from the tract which had been made prior to Security Life's conveyances to Larwin and excepts those conveyances by Larwin, or its successors, to Kimberly Woods, Continental Assurance Company and the City of Englewood. My hasty evaluation is that these parcels relate to various interests in parcels 1 and 4, and delineated on the pre- vious development plan, plus possible street right of ways and park grounds conveyed to the City. It is my impression, from a hasty evaluation of the conveying documents, that no part of the realty involved in these conveyances consists of any part or portion of parcels 2, 3, 5, 6, 7, 8 and 9 as reflected on the previous development plan .. I should desire, however, that a representative from Larwin either verify my impression, or correct it, in writing, no later than Augu s t 12. 3. I have not conducted, obviously, a title examination of any of the ground involved. From my hasty review of the various documents of conyeyance, however, it would appear that the pre- sent fee owners of the "burdened tract" consist of Larwin Multi- Housing Corporation, a California corporation, RPR Brothers Ltd., a corporation and Englewood-Family I, a Pennsylvania limited partnership. In addition, there may be encumbrance holders who would appropriately be required to execute this document in order to make the provisions thereof binding upon them in the event of foreclosure. We are in the process of ascertaining the identity of all encumbrances of record, but I respectfully request that a representative of Larwin advise me, in writing, prior to August 12, of the identity, as known by Larwin, of all such mortgagors or lien holders. 4. The only substantial difficulty which I encountered in preparing this draft (although there may be many things which should be, but have not been, mentioned therein) was in drafting those portions of the agreement appertaining to the height of the various buildings and structures. My clients are not willing to measure the height' of any proposed building or structure from t he finished grade, when an increase in the natural grade would have the same deleterious effect upon them as would an increased building height. We have, therefore, "tied" the • It•_ .... -~~·;~h ' i .. ·:· I • • ... ; ; ,·.•. ': •· \. It;,::.•, . '. - I : . ~ · . • • • - ( ( \ , Jeremy D. Van Ness William J. Caskins, Esquire Page 3 August 5, 1977 building height to the "natural grade", as reflected on specific topo surveys with contour lines of two feet differential eleva- tion. While each topo may, of course, vary a bit, we are rea- sonably assured that the topo utilized is reasonably accurate because there is a geodesic benchmark located directly to the south of this tract, across U.S. 285, that shows an elevation approximately 11 feet higher than the elevation shown on the topo for the southeast corner of the burdened tract. Since the land "falls" in a generally northerly direction throughout this area, that differential would appear· to be reasonably accurate. Now that the rather extended discussions between the various parties have resulted in what appears to be a reasonbly clear understanding, it would appear to me that it would behoove all of us to move this matter as quickly as possible. JAC:clm Enc. cc: Richard Brown Jess Hackstaff Hon. Gordon Allott Martha Eddy Peter Walsh Sincerely, John A. Criswell For CRISWELL & PATTERSON ) . ·11· ;/-"'! Kells Wagonner Bernard V. Berardini Harold H. Calkins .. '· .· .,·~. ~'..: ~ ·. ·.>~~ .. ~-.... ~ . ~ .• ~~·. ~ :'r-c•.•:i: •. . . . . ' :+;:EG(,; ... ' •. r · .. · ....... . -~. ~ ... · .. ' ",'':. ·:· . ·:':"····.· 1 ... -: ..... • I • • - : ., ( • 11• ~· ( ( • RESTRICTIVE COVENANT AGREEME NT Thi s Agreement is made by and between Ken t Village Asso cia- tion ("Ken t Village"), on t he one part, and ------------ ("Owners"), on the other , this __ day of August , 1977. I. Parties 1.1 Kent Village is a Colorado non-profit corporation com- posed of, and existing for the benefit of, the owners of real estate within those subdivisions known as "Kent Village (East Filing)" and "Kent Village (West Filing") 'in the City o f Englewood , State of Colorado, the plats of which are recorded in the public records of the County of Arapahoe in Book 1752 at page 330 and Book 1797 at page 57, respectively . Kent Village enters i nto chis Agreement for the benefit of such owners, their heirs, assigns, successors and other legal representatives, all of whom shall be considered to be direct third party beneficiaries of the provisions of this Agreement. 1.2 The Owners constitute, collectively, all parties who have any interest, whether legal or equitable, in that real estate, or any portion thereof, described on Attachment I · ·hereto (hereafter collectively referred to as the "burdened tract") which by this reference, is incorporated herein, and the Owners enter into this Agreement on behalf of themsel~es, and on behalf of their heirs, assigns, successors and other legal representatives. II. Premises 2 .1 On or about January 2, 1968, the then owner of the burdened tract caus e d to be executed a certain "D eclaration of Protective and Restrictive Covenants", re stri cting and limiting the use of the burdened tract as. therein set forth, which • I • • ,.. - • • ( ( instrument was recorded in the oublic records of the County of Arapahoe, State of Colorado, in Book 1740, c .o=encing at page 573. I Said instrument purported to grant to the City Planning and Zoning Commission of the City of Englewood, State of Colorado ("Commission"), the right to enforce the provisions thereof and the right to consent to a waiver , amendment or change thereto. 2.2 On or about October 17, 197:} the Commission adopted Resolution No. 8, Series of 1972, a certified copy of which is recorded in the public records of the County of Arapahoe, State of Colorado, in Book 2069 , commencing at page 29. Said resolu- tion purported to limit and restrict the development and use 1,,,,._ of the hardened tract and to require any future building upon, or use of , said burdened tract to be in accordance with certain development plans, copies Of which were attached to said resolu- tion. 2.3 Certain of the Owners have recently made application to the Commission, and to the City Council of the City of Englewood, State of Colorado ("Council"), for approval of a subdivision plat, pursuant to the provisions of the statutes of the State of Colorado and the Charter and Ordinances of the City of Englewood, which approval would cause that realty, described on Attachment II hereto, to be subdivided into lots and which approval might have the legal effect of removing from said realty the limitations and restrictions upon use contained within those instruments described in paragraphs 2.1 and 2.2 hereof . The Commission has recommended to the Council that it give its approval to such application, subject to certain conditions upon the use of said realty, but Council has not yet acted upon said application. 2.4 Kent Village, and its members, have opposed the approval of such application and have informed the Owners that it is their view that such approval would be legally improper. They have announced their intent, in the event of Council's approval of such application, to take such steps as may be necessary or -2- I • • - • • C ( appropriate to obtain a judicial decree declaring that such approval is improper and beyond the jurisdiction or authority of the Commission and Council and furthe r declaring that sueh appre va-1--i-s-impxo.p_e;; and beyond tbe jurisdiction or autbarity of the Co~on aad Co11nd) at:ld furthet declating that any future development of the realty must be in strict c onfor:nity with the limitations, restrictions and other provisions c ontained within those instruments described in oaragraphs 2.1 and 2.2 above. 2.5 All of the oarties hereto, however, are desirous of amicably resolving the differences between them wi thout the necessity for litigation and under circUl!lstances whereby Kent Village would withdraw its objections to the presently pending subdivision application in return for which the Owners would r e- strict the future development and use of the burdened tract in the manner hereinafter described , which such restrictions would c!-r be for the benefit of the realty, and Athe owners thereof, described in paragraph 1.1 hereof. III. Obligations of Kent Village In consideration of the covenants made, and obligations assume~ by the Owners, as .hereinafter set forth, Kent Village agrees that: 3.1 It shall, for itself, and for each of its members, promptly withdraw any objections which it or they may have had to Cotmcil's approval of the above described subdivision plat application and shall urge Council to give its approval to the same without im- posing upon such approval those conditions recommended by the Commission , and without imposing any other con- ditions to such approval. 3.2 It shall, for itself and for each of its members, forsake the right ·and forever. forbear from, instituting proceedings for judicial review of Council's -3- • I • • ..... • • • ( ( approval of such subdivision plat or in any other manner objecting to,or complaining about, such approval. 3 .3 It shall cooperate with the Owners in urging and requesting the Commission, t h e Council and a ny other appropriate officer, employee o r representative of the City of Englewood, to free and r e lease the burdened tract, and all portions thereof, from those restrictions and limitations upon the burdened tract as are set forth in those instruments described in paragraphs 2.1 and 2.2 hereof. 3.4 Notwithstanding any of the foregoing promises and obligations, it is recognized by all parties hereto that the actions which Kent Village agrees to urge the Commission, the Council or other parties to take are actions of a unmicipal, legislative ··nature and that Kent Village, having no power or duty to do so, cannot, and does not, warrant or guarantee that such actions shall be accomplished. So long as Kent Village uses due diligence and a good faith effort to attempt to have such actions accomplished, the failure of the Commission, the Council or any other party having authority to do so to perform such acts shall not con- stitute a violation of this Agreement nor otherwise cause it to become ineffective. IV. Obligations of the Owners In consideration of the covenants and obligations herein made and undertaken by Kent Village, the Owners agree, joint and severally, that, from and after the effective date of this Agreement, no por- tion of the burdened tract shall be used for any purpose, save and excep t in accordance with the following limitations, restrictions and conditions: -4- • I • • - ( • ( ( 4 .1 Subdivision Platting . There shall be no --6-t;)_it _.:( ~ structure of any type constructed or erected upon any portion of the burdened tract unless and until there has been approved b y the City of Englewood, and b y such other governmental agencies whose approval may be required, a proper subdivision plat in accordance with such statutes and municipal l aws as may be appli- cable, appertaining to that portion of the burdened tract upon which the Owners desire to construct or !;--r,<:V...,.,..,'1-ri- erect any such,structure . Owners further agree that they shall not apply to have the necessity for the pre- paration and filing of any such subdivision plat waived, even though they migh~ otherwise have the legal right to do so, provided, however, that Kent Village shall interpose no objection to the approval of any such plats, so long as the same do not conflict with any of the other limitations, restrictions and conditions herein imposed upon the burdened tract. 4.2 Sub-Parcel Descriptions. The entire burdened tract is, for purposes of this Agreement only, hereby divided into the following sub-parcels: a. Sub-Parcel A -consisting of tracts or phases 2 and 3, as reflected on the "General Development Plan", which constitutes Exhibit A to Resolution No . 8, Series of 1972, of the CoI!Dilission, described in paragraph 2.2, the legal description of which sub-parcel is set forth on Attachment III hereto which, by this reference, is incorporated herein ; b . Sub-Parcel B -consisting of tract or phase 5 as reflected on said Exhibit A, the legal description of which sub -parcel is set forth on Attachment IV hereto which, by this reference, is incorporated herein; -5- I :• ..... ) ~ . I • • ( = • • ( ( c. Sub-Parcel C -consisting of tract or phase 6 as reflected on said Exhibit A, the legal i description of which sub-parcel is set forth on Attachment V hereto which, bv this reference. is incorporated herein; d. Sub-Parcel D -consisting of tract or phase 7 as reflected on said Exhibit A, the legal description of which sub-parcel is set forth on Attachment VI hereto which, by this reference, is incorporated herein; and e. Sub-Parcel E -consisting of tracts or phases 8 and 9 as reflected on said Exhibit A, the legal descriptioniof which sub-parcell ~ set forth on Attachment II hereto which, by this reference, is incorporated herein. 4.3 General Restrictions a. Upon sub-parcels A, B, C and D, no build- ing or structure shall be erected, constructed, re- constructed, structurally altered, repaired, con- verted, enlarged or maintained, nor shall the realty itself be utilized, for any purpose or use other than for residential purposes and uses. For pur- poses of this Agreement, a residential purpose or use shall be deemed to include a single-family dwelling unit or mult t ple-family dwelling units, as hereafter defined, whether occupied by owners thereof or by tenants, except that such term shall not include hotels, motels, or other facilities designed to be occupied, or actually occupied, pur- suant to ownerships, leasing or rental arrangements, on a basis less than a month to month tenancy. b. Upon sub-parcel E, no building or struc- ture shall be erected, constructed, reconstructed, structurally altered, repaired, converted, enlarged -6- -. -W -. ~-::-:-=- • I • • ... ,., ' . .!fl! • I p { • • ( ( or maintained, nor shall the realty itself be i utilized, for any purpose or use other than for residential purposes and uses, as hereinabove defined, or for professional office building purposes and uses . For this purpose, a professional office building purpose or use shall be deemed to include only one or more offices for a pers on , or persons, engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, eithe~ advising or guiding them in serving their interest or welfare through the practice of an act founded thereon, such as offices for medical doctors, dentists, attorneys, architects and engineers. c. Except for the limitations upon use heri~ ( /1 / by imposed upon sub-parcel E, hereinabove setl.r't he provisions of this Agreement shall not otherwise restrict, limit or condition the use of sub-parcel E, except that nothing herein shall be deemed to authorize. or constitute a waiver of Kent Village's right to object to, the use of the same in viola- tion of any statute or municipal law. 4.4 Density. For purposes of this Agreement, a "dwelling unit" shall be considered to be one or more rooms designed as a unit for occupancy by not more than a single family (or by not more than four single per- /-t'-,,1 -/ · .. ,' :-!. ( /.~ ct..-;( ·1-:,"" sons) for living, sleeping and 1~purposes. There shall not be constructed , erected or maintained upon -7-I • • \ • • ( ( sub -parcels A, B, C and D more than the following maxi- mum number of dwelling units for each sub-parcel: Sub-parcel A -no more than 348 dwelling units Sub -parcel B -rio more than 152 dwelling units Sub-parcel C -no more than 100 dwelling units Sub-parcel D -no more than 142 dwelling units 4 .5 Height. Upon the sub-parcels hereinabove described, no building or structure shall be constructed, erected or maintained any portion of which, including chimneys, antennae or other permanent or temporary attach- ment~shall exceed in height or altitude the following heights above the lowest point of the natural grade of that portion of the burdened tract upon which such build- ing or structure sits. For this purpose, the natural grade of the burdened tract shall be taken to be established by the topographical surveys prepared by /Tobin SurveY,s, , · 1 vi cit /.. :'-.'-':·.'' ,..;'-r; ! I v ~ =-~;,,. ·~ copies of which are attached hereto a&El-, by this reference, -~~ incorporated herein: Sub-parcel A -60 feet, except that, upon that portion of sub-parcel A,.. located south of a line representing an extension across sub-parcel A of th~ northerly right of way line of East Girard Avenue, as the same exists at the inter- section of that avenue and South Lafayette Street, there shall be no building or structure constructed, erected or maintained which exceeds a height or altitude of 32 feet, computed as set forth above. Sub-parcel B -23_~-5 feet . I' . i, I _.,I Sub-parce1:c -32 feet. 4.6 Set-Backs. No building or structure shall be erected, constructed or maintained upon any portion of -8- • ' . .. r --· ... -"~·=tt!( I • • • • ( (' sub-parcel B closer to the easterly boundary line of the burdened tract than 75 feet and the easterly 75 feet of sub-parcel B shall be utilized solely for the parking of vehicles, excl~ding campers and other recreational vehicles , and for landscaping purposes. Facilities or equipment for the collection of garbage and other waste and refuse shall not be constructed, erected, placed or maintained within this portion of such sub-parcel, but any necessary garbage and trash collection services to be rendered to any building or structure upon this sub-parcel shall be rendered at a point or points west of the westernmost side, corner or point of the most easterly building or structure erected, constructed or maintained on sub-parcel B . 4 .7 Landscaping. The east 75 feet of sub-parcel B shall be landscaped in the manner, and pursuant to the plan, set forth on Exhibit B to Resolution No. 8, Series of 1972, of the Commission, described in para- graph 2.2 above, the provisions of which are, by this reference, incorporated herein, which landscaping shall be fully planted and in place prior to the time that any building or structure on sub-parcel B .is 9ccupied. ~(: .'/ ;?1 i ,.)/ _ ,,, j ~ , / ,,/. ,// ~ .',.., ··~--····"/'• ./ j·"~·-4 .,.,,,.,,/ . .,,. /~-?-/....-. I -c4'1 ::,.,,.i:. :1 -.1-'!?,'~ _..-,-• I"" • &,..ot,' ~ ~• "•' .,-• • .• ... -"::'' ,-__; f J,.. -• -~-- _ _,_,, ., .,,.-! ., . /_,-.,., ;f vC :t ,. . ·, , . -~~-41/1,,-....:.,1.,,~: ,.. ~ .. ,L ~,/ ~1~,.,.,----e...,.. / V. Enfo£cement of Obligations 5.1 It is agreed that the restrictions, limitations, and con-· ditions herein imposed upon the burdened tract shall be considered to be covenants created for the benefit of all of the realty, and each portion thereof , described in paragraph 1.1 above; that they shall run with the land so as to continue to burden the burdened tract, irrespective of any change in the ownership of the burdened tract, or any portion thereof, or in the ownership of the realty, or any portion thereof, described in paragraph 1.1; and that any -9- ... -.·~ .·: ___ .,: ........ ~ • I • - • • ( '· (' 4.8 Other Restrictions : Except as specifically set forth in Article II hereof, nothing herein shall be construed to con- stitute a waiver by Kent Village, or by any of its members, to object to any use of the burdened tract in violation of any re- striction, limitation or condition of any zoning, plarming or s ubdivi- sion statute, ordinance or other public law, it being recognized that the intent of Article IV of this Agreement is to place re- strictions, limitations and conditions upon the use of the burdened tract in addition to, and not as a substitute for, any other lawful restrictions, limitations and conditions governing the use of the same. • • I • - • • ( ( person, partnership, unincorporated association, corporation, or other entity of whatsoever type or nature, who presently has, or i n the future may acquire, any interest, whether legal or equitable, in any portion of the realty described in paragraph 1 .1 shall have the right, authority and standing, in addition to Kent Village, itself, to institute aooroPriate legal proceedings based upon any violation or breach of this Agreement or upon the u s e of any por- tion of the burdened tract in violation of the restrictions, limi- tations and conditions set forth in Article IV hereof . 5.2 All parties hereto acknowledge, recognize and agree that the benefits flowing to each of them from the promises made, and obligations assumed, by other parties are benefits, which, i f not received. mav result in damages which mav not be capable of being measured in monetary terms and . in anv event. the damage result- ing to anv partv from a deprivation of the benefits to be gained by a strict performance of the promises made, and obligations J.J,-,L i P assumed; cannot be adequately compensated for by a monetary award. Consequently, all parties hereto agree that, should any party upon whom theprovisions of this Agreement are binding violate any pro- vision hereof, any other party who may be damaged by such viola- tion shall have the right to receive, in addition to any other legal or equitable remedy to which he might otherwise be entitled, a decree of specific performance, requiring a strict compliance with the terms hereof, or a prohibitory injunction, enjoining against any continuing violation, or both such types of relief. All parties hereby waive the right, s hould a court of proper juris- d i c tion d e termine that a violati on h as occurred, to contest the availabi lity of such relief i n the p remis es . 5 . 3 All parties agree that ; s h oul d it be necessary for any party to in s titute l e gal proce e dings t o e n f orce the provisions -10 - .... --··----------------:---r"' . ,.:, I • • - • • . ' ( ( • of this Agreement, such party, whether signatory to this Agreement or not, shall be entitled to receive from any defaulting party, in addition to such legal or equitable relief to which he may be entitled, reimbursment for the costs and expense of such litiga- tion, including an attorney's f .ee in such reasonable amount as may be fixed by the court in such proceedings. KENT VILLAGE ASSOCIATION By .. P~r-e_s_i...-d ... e_n_,..t------------ ATTEST: Secretary -11- ---·-··------------ • I • • ,.. n - • • ( Index to Attachments I Description of burdened tract ( \ II Description of sub-parcel E (tracts 8 and 9 on previous development· plan) III Description of sub-parcel A (tracts 2 and 3 on previous development plan) IV Description. of sub-parcel B (tract 5 on previous development plan) V Description of sub-parcel C (tract 6 on previous development plan) VI Description of sub-parcel D (tract 7 on previous development plan) VII Topographical surveys ---·---....... -- • I • - • • (_ ATTACHMENT I Description of "Burdened Tract" That realty located in the City of Englewood, County of Arapahoe, State of Colorado, describ ed as follows, to wit : The southwest 1/4 of the southeast 1/4 and the east 1/2 of the southeast 1/4 of the southwest 1/4 of Section 35 . Townshio 4 south. Range 68 west. EXCEPT those oortions thereof described in instruments recorded in the oublic records of the County of Arapahoe, State of Colorado in the following books at the following pages: 1. Book 657 at page 30; 2. Book 662 at page 299; 3 . Book 789 at page 548; 4. Book 1143 at page 497; 5. Book 2088 at page 180; 6. Book 2194 at page 32; 7. Book 2290 at page 402; and 8. Book 2290 at page 404. • • 0 I • • • • - LAWOl'l'ICU ( CRISWELL & PATTERSON JOHN A . Cllllawtt..l. GIAlll'f P'AffW:lltSON .JOHN N . MC. N4NAIIIA. ,UI .. JOHN L Mn.&a Mr. Jeremy D. Van Ness Larwin Group, Inc. 16255 Ventura Blvd. Encino, Calif. 91436 August 26, 1977 Re: Kent Village Association (Hampden Professsional Park) Dear Jerry: 3,780 SOUTH B1'0ADWAY ENGLEWOOD, COLORADO 80110 TE.LEPHONll: (303) 781,0800 ~-41 This will confirm our recent telephone conversation with respect to the status of the restrictive covenant agreement between Larwin, Regan and Kent Village. Based upon the draft previously presented to you, we dis- cussed various additions and modifications thereto consisting, essentially, of the following: · 1. I indicated to you that my clients had expressed the view, in which I concurred, that the Association, itself, did not have the legal right to waive the right of any of its members to institute legal action objecting to the Regan sub- division plat. At the same time, you expressed to me the serious concern about "signing off" on this agreement and, never- theless, finding yourself engaged in litigation. We discussed the possibility, therefore, that, since it was my view that any litigation which would be cotmnenced would be required to be in- stitute.d no later than thirty days from the date of City Council's final action, that this problem might be overcome by executing the agreement and recording it, but making it spedfically in- effective for the first thirty days after Council's action and completely void if any property owner in the Kent Village area instituted suit during that period of time. There were no speci- fic commitments made in this respect, but it was a matter which was introduced merely as a possible solution to the problem . 2. I noted that there was, in our draft, no specific provi- sions for amendments or modifications and I agreed that there should be some provision for amendments or modifications bas ed • I • • Mr. Jeremy D. Van Ness Page 2 August 26, 1977 ,· • • • ( upon a majority vote of the members of the Association or in some other reasonable manner spelled out in the agreement. 3. You suggested that, so long as Larwin was agreeable to developing the property within the conditions, limitations and restrictions set forth in the draft, there was little reason that you could see why the Kent Village owners would be particularly interested in requiring a formal subdivision platting procedure. I indicated to you that this was: included, in my view, primari- ly for the purpose of assuring the City's concurrence with the agreement, since I was aware that the City had a considerable interest in assuring itself that the development would have suffi- cient public streets, easements, etc. I agreed, however, to take the matter up with my clients and to see if there was any basis, or room, for modification of this requirement in some manner . 4 . I indicated to you that, in addition to excluding campers and other-recreational vehicles from the parking area on the easterly 75 feet of the property, my clients would be interested, also, in prohibiting the parking of trucks and pickups in this area. You agreed to consult with other Lawrin officials and determine whether this could be added .. 5. You indicated that you had checked with other Larwin officials and it was their view that they could accept the pro- visions relating to natural grade and height limitations contained within the proposed draft. 6. We were both concerned with respect to the legal descrip- tions of the various sub-parcels and I agreed to provide to you such legal descriptions as I had obtained from the City. You, in return, agreed to do your best to see if Larwin, itself, has any descriptions that "key" to the various "phases" of the pre- vious development plan. 7. We discussed the inter-relationship between the agreement that we are discussing, which places no restrictions upon the Regan sub-parcel, except use restrictions, and the agreement under consideration between Regan and the residents of Cherry Hills. Yo u indicated that you wanted to assure yourself that Cherry Hills wo n ld "sign off" with respect to the restrictions which we were • I • • - • \ Mr. Jeremy D. Van N( P~ge 3 • • - ( ,. I'. 1gus.t 26, 1977 • talking about and that we would, similarly, agree to the re- strictions being discussed between Cherry Hills and Regan. I indicated to you that Mr. Caskins has, previously, suggested that we delete,from our agreement, any reference to the Regan sub- parcel, and rely upon the agreement between Regan and Cherry Hills. You indicated no particular objection to this, but you wanted to have something that gave assurance that both groups were agreeable to the overall "package". We discussed on a tentative basis, there- fore, the possibility of taking both agreements and making a singu- lar agreement out of them, pursuant to which both groups would waive their rights to contest the development, but the agreement would contain provisions authorizing each group to enforce only those particular covenants applicable to the parcel or parcels in which the group was directly interested. As a result of this latter discussion, it was agreed that, as soon a.s I receive a draft of the proposed agreement between Regan and Cherry Hills, I will contact counsel for both of those parties and the three of us would attempt to sit down to discuss the mechanics involved in trying to arrive at final drafts. Jerry, I appreciate your approach to this matter; it is my view that both of our clients are approaching this subject from a reasonable basis; and I would be hopeful that we can reach final agreement in time to present a united frontto Council by the date presently set to the end that any development to take place on the Larwin parcels will be a development which both you and the community can be proud of. JAC:clm Enc. cc: Harold Calkins William Ca.skins Richard Wanush Dorothy Romans Bernard Berardini Richard Brown Jess Hackstaff Gordon Allott Martha Eddy Peter Walsh • I • • • • - ( ' ( LAWOP-l"ICl!.S CRISWEll & PATTERSON JOHN A.. C,tl9wn1. OA.IIIY ~ATTS."90N »7B0SOUTH BROADWAY ENGLE.WOOD. COLORADO 80110 TELEPHONE: C 303 > 78 I .oaoo .JOMN H . MC NANA'IA •• UI. .JOHN&.. MYl.&8 ~~· • Mr. Jeremy D. Van Ness Larwin Group, Inc. 16255 Ventura Blvd. Encino, California 91436 September 15, 1977 Re: Kent Village Association · (Hampden Professional Park) Dear Jerry : Pursuant to our telephone conversation of this date, I am enclosing herewith a packet of materials for you which, I believe, will give you a better indication of the "history" of the land use problem on the Larwin site, as well as a review of the docu- ments which may be involved. By copy of this letter, I am requesting Rich Wanush, immediately, to provide to you a copy of the large map depicting a development plan referred to as Exhibit A in Resolution No . 8, as well as the landscaping plan referred to as Exhibit B therein . The top sheet of this parcel is a resume of my presentation to the Englewood Planning Commission with respect to the Regan subdivision and contains "argument" on behalf of my clients. However, I believe that the underlying facts evidenced in this presentation and in the supporting documents are wholly undis- puted and accurately reflect the past events . As you will note, when Larwin originally requested the sub- division waiver, it was anticipated that the waiver would only be issued in conjunction with approval of a planned development zoning concept . Larwin withdrew its application for PD, at that time, with the result that the development plan concept·was • I • • - ( • C Mr . Jeremy D. Van Ness Page 2 September 15, 1977 • • • C utilized merely as a condition for the subdivision wa i ver . The status of that development plan at this point is a matter of serious question and conjecture. Consequently, even if my clients were agreeable to relying upon some prospective deve lop- ment plan approved by the City, I could not recommend to them that they rely merely upon an amendment to that present ·develop- ment plan . At the least, I would recommend that they insist that any plan take the form of PD zoning, although, assuming City approval, we would be agreeable to a "generalized" develop - ment plan, without the necessity of locating each building to be constructed. None of this is to say that I can agree to the substitution of PD zoning for private covenants. I am, however, by copy of this letter , requesting my clients to contact me to meet with me to discuss this concept. I shall be out of my office through September 21, but would be available on September 22 or Septem- ber 26 for this purpose . JAC:clm Enc. cc: Richard Wanush Richard Brown Jess Hackstaff Gordon Allott Martha Eddy Peter Walsh • I • • • • - ,--•. ,,-( LAWOJ"P'ICES C • .JOHN A , Clt18WRl..4 OAJIY ~ATT.,.90N .JOHN N . MCNAMARA. Ja. J OHN •. MVLU CRISWELL & PATTERSON September 15, 1977 3780 SOUTH BROADWAV ENGLEWOOD, COLORADO 80110 TELEPHONK: (303) 781 .0800 ~~1 Mr . Jeremy D. Van Ness Larwin Group, Inc. 16255 Ventura Blvd. Encino, California 91436 William J. Caskins, Esquire 2785 North Speer Blvd. Denver, Colorado Gentlemen : H. Harold Calkins Calkins, Kramer, Grimshaw & Harring Suite 1900, First National Bank Bldg. 621 Seventeenth Street Denver, Colorado 80293 Re : Kent Village Association (Hampden Professional Park) As you all know, the hearing on Mr. Regan's application for approval of a subdivision plat is presently to be held before Englewood City Council on the evening of Monday, September 26. I do not know whether that is a special meeting or not, but City Council's regular meetings are held on the first and third Mondays and, as a .reference to the calendar will indicate, the September .26 date "ain '. t neither of those'•. I have provided to each of you my letter of August 26, in- dicating the substance of my discussion with Mr. Van Ness and his view that, if possible, there should be a singular agreement, incorporating the understandings reached between Larwin and Regan, on the one hand, with each of the two groups of neighbors, on the other. Since that date, I have received neither the information requested from Mr. Van Ness, nor any draft of any proposed agree- ment between Regan and Cherry Hills . . I do not mean to be overly critical ; it may be that all of • I • • - • e ( M~. Jeremy D. Van ~-~s William J. Caskins H. Hi:xold Calkins Page 2 September 15, 1977 • • • ( us have been so involved in other matters that none of us have been able to reach this thing. However, I have the distinct impression that, during the course of the past 45 days or so, I and my clients have been the ones who have been most concerned about getting our collective "house" in order. It would appear to me, on the other hand, that it would naturally fall within the direct interest of Mr. Regan and the Larwin Group to get these agreements finally executed and have the subdivision plat approved by City Council so that we might, as it were, have "peace in our time!" I will not be in my office on the 19th, 20th or 21st of this month and, consequently, I have great suspicions that the written agreements can neither be finally drafted nor fully executed by the date presently set for Council hearing on this matter. While we have had several postponements of that hearing, and while I know that Council is anxious to have this matter brought to a conclusion, one way or the other, I suspect that Council would not be opposed to granting all of us another postponement. However, there is going to come a time, I am sure, when Council is going to require all of us to become ·either fishermen or baitcutters. Under these circumstances, ·therefore, I must respectfully advise everyone that I intend to do nothing more upon this matter until such time as I have received some responses from all of you. I must also advise, as I have in the past, that, until such time as a suitable written agreement is fully executed and approved by all interested parties, my clients must, obviously, continue to oppose the Regan subdivision plat application. If, therefore, Council schedules a hearing upon this matter prior to the time that the agreement is placed in proper form, we shall have no alternative but to bring forth our artillery, cavalry and foot soldiers, all geared "to do battle". Hopefully, this will not be necessary and I will be advised from each of you what is needed from us to formalize the agree- ments reached now, lo these many months ago Sirtll~ulf n A. Crisweil JAC: elm . CRISWELL & PATTERSON cc : Richard Brown Jess Hackstaff Gordon Allott Martha Eddy Peter Walsh • I • • • • • ( U.WOl'l'ICU ( CRISWELL & PATTERSON .IOHN A , Cfl'l9WIIU. OA"Y ~ATTEJt90N .IOHH N . MC NAMAIIIA. JIii. JOHH E . MVLU 3780 SOUTH B"OAOWAY ENGLEWOOD, COL01'AOO 80110 TELE.PHONE: < 303) 781 .oeoo • September 15, 1977 Mr . Jeremy D. Van Ness Larwin Group, Inc. William J. Caskins, Esquire 2785 North Speer Blvd. Denver, Colorado 16255 Ventura Blvd. Encino, California 91436 Gentlemen: H. Harold Calkins Calkins, Kramer, Grimshaw & Harring Suite 1900, First National Ban~ Bldg. 621 Seventeenth Street Denver, Colorado 80293 Re: Kent Village Association (Hampden Professional Park) As you all know, the hearing on Mr. Regan's application for approval of a subdivision plat is presently to be held before Englewood City Council on the evening of Monday, September 26. I do not know whether that is a special meeting or not, but City Council's regular meetings are held on the first and third Mondays and, as a -reference to the calendar will indicate, the September _26 date "ain '. t neither of those'1 • I have provided to each of you my letter of August 26, in- dicating the substance of my discussion with Mr. Van Ness and his view that, if possible, there should be a singular agreement, incorporating the understandings reached between Larwin and Reg an, on the one hand, with each of the two groups of neighbors, on the other . Since that date, I have received neither the informat ion requested from Mr. Van Ness, nor any draft of any proposed agree- ment between Regan and Cherry Hills . . I do not mean to be overly critical; it may be that all of ~~, I • • " • Mr. J eremy D. Van {~ds Will iam J. CasKins H. Hc.rold Calkins Page 2 September 15, 1977 ,· • • - ( us have b e en so involved in other matters that none of us have been able to r each this thing. However, I have the distinct impression that, during the course of the past 45 days or so, I and my clien ts have been the ones who have been most concerned about getting our collective "house" in order. It would appear to me, on the other hand, that it would naturally fall within the direct interest of Mr. Regan and the Larwin Group to get these agreements finally executed and have the subdivision plat approved by City Council so that we might, as it were, have "peace in our time!" I will not be in my office on the 19th, 20th or 21st of this month and, consequently, I have great suspicions that the written agreements can neither be finally drafted nor fully executed by the date presently set for Council hearing on this matter. While we have had several postponements of that hearing , and while I know that Council is anxious to have this matter brought to a conclusion, one way or the other, I suspect that Council would not be opposed to granting all of us another postponement . However, there is going to come a time, I am sure, when Council is going to require all of us to become either fishermen or baitcutters . Under these circumstances, ·therefore, I must respectfully advise everyone that I intend to do nothing more upon this matter until such time as I have received some responses from all of you . I must also advise, as I have in the past, that, until such time as a suitable written agreement is fully executed and approved by all interested parties, my clients must , obviously, continue to oppose the Regan subdivision plat application. If, therefore, Council schedules a h earing upon this matter prior to the time that the agreement •is placed in proper form, we shall have no alternative but to bring forth our artillery, cavalry and foot soldiers, all geared "to do battle". Hopefully, this will not be necessary and I wl ll be advised from each of you what is needed from us t o formal i ze t he agre e - me nts reached now , lo these manJys,r;.: ~a ~ucf! n A. Criswe rl JAC : elm , CRIS WE LL & PATTERSO N cc : Richa rd Brown Je s s Hackstaff Gordon Allott Martha Eddy Peter Wal s h • I •