HomeMy WebLinkAbout2002-08-20 PZC MINUTES•
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
August 20, 2002
I. CALL TO ORDER
The regular meeting of the City Planning and Zoning Commission was called to order at
7:00 p.m. in the City Council Chambers of the Englewood Civic Center, Chairman
Waggoner presiding.
Members present:
Members absent:
Staff present:
Mueller, Parks, Roth, Schum, Welker, Krieger, Waggoner
Lathram, Willis , Diekmeier (all gave previous notice of absence)
Senior Planner Tricia Langon
Planner I Anthony Fruchtl
City Attorney Dan Brotzman
II. APPROVAL OF MINUTES
August 6, 2002
Chairman Waggoner stated that the Minutes of August 6, 2002 were to be considered for
approval.
Ms. Mueller noted that on Page 14, the cited month "April" should be "August". Correc-
tion was noted.
Krieger moved:
Schum seconded: The Minutes of August 6, 2002 be approved as corrected.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Mueller, Roth, Schum, Welker, Krieger, Waggoner
None
Parks
Lathram, Willis
The motion carried.
III. FINDINGS OF FACT
Table Steaks South
101 West Floyd A venue
Case #CU 2002-01
Chairman Waggoner stated that the Findings of Fact for the Table Steaks South Condi-
tional Use are to be considered for approval.
Welker moved:
Schum seconded: The Findings of Fact for Case #CU 2002-01, Table Steaks South at
101 West Floyd Avenue, be approved as written.
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• AYES:
NAYS:
ABSTAIN:
ABSENT:
Parks, Roth, Schum, Welker, Krieger, Mueller, Waggoner
None
None
Willis, Lathram
The motion carried.
IV. UNIVERSITY HOMES
University Homes Planned Unit Development
University Homes Subdivision
Case #PUD 2002-01
Case #SUB 2002-05
Chairman Waggoner asked for a motion to open the Public Hearing.
Krieger moved:
Welker seconded: The Public Hearing on Case# PUD 2002-01 and Case #SUB
2002-05 be opened.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Roth, Schum, Welker, Krieger, Mueller, Parks, Waggoner
None
None
Willis, Lathram
• The motion carried.
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Chairman Waggoner asked staff to present the case.
Senior Planner Tricia Langon was sworn in. Ms . Langon testified that there are two
cases that will be heard concurrently -one case is regarding a request for Planned Unit
Development approval to establish the "zone district" for the site, and the second case is
on a preliminary Subdivision Plat to divide the property into building sites in compliance
with the PUD District. The Planning Commission will be required to render two separate
decisions -the first regarding the requested PUD, and the second on the Subdivision
Plan.
Ms . Langon asked that the Staff Report, Notice of Hearing for the Planned Unit Devel-
opment published in the Englewood Herald on July 19, 2002, and Notice of Hearing on
the Subdivision Plat published in the Englewood Herald on August 9, 2002, be made part
of the record of the Hearing. Letters were also mailed notifying adjacent property owners
of the Public Hearing on the proposed University Homes Subdivision.
Ms. Langon stated that staff recommends approval of the University Homes Planned Unit
Development with the following conditions:
1) A Homeowner Association be formed, and documents pertaining to the Asso-
ciation be filed against all properties with the Arapahoe County Clerk;
2) A recorded copy of the Homeowner Association document shall be provided
to the City of Englewood.
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Staff also recommends approval of the Preliminary Plat for University Homes Subdivi-
sion, and that the applicant be directed to submit a Final Plat for review. If no changes
are required on the Preliminary Plat , staff recommends the Final Plat be administratively
reviewed and forwarded to City Council with a favorable recommendation.
Ms. Langon stated that the Planning Commission must determine whether the PUD meets
the requirements for the PUD District Plan and for the PUD Site Plan . The Commission
must also determine whether the Subdivision Plat meets the criteria set forth in Title 10
of the EMC on land subdivision.
Ms. Langon stated the subject vacant parcel has frontage on South University Boulevard,
and has been commonly addressed as 3055 South University Boulevard. There is single-
family residential development adjacent on the north that is in Denver; the site is adjacent
to the Korean Emmanuel Methodist Church on the south that is in Englewood and zoned
R-1-A. To the west , the site adjoins property occupied by the "Brown Mansion", that is
also zoned R-1 -A , but was granted a variance for use as a professional office structure.
Ms. Langon stated that the PUD applicant is David M. DiPane , represented by Mr. Peter
Pappas of Pappas Architecture LLC. Ms. Langon pointed out that the PUD and Subdivi-
sion Plat do not encompass precisely the same area. The PUD is .88 acres in size, and
comprises the north sector of the ownership . The Subdivision Plat encompasses not only
this main parcel, but also a "flagpole" parcel that extends north from Dartmouth A venue
to the main parcel. The "flagpole" parcel adjoins the Brown Mansion property on their
east property line , and adjoins the Korean Emmanuel Methodist Church on their west
property line. The "flagpole" parcel will remain zoned R-1-A, Single-Family residence ,
and may at some point in the future be sold or transferred to an adjacent property owner.
It is not required to provide utility services or access to the PUD main parcel.
Ms. Langon testified that the PUD process is rezoning of a site , and establishes zone and
development criteria specifically for a given parcel. The District Plan establishes regula-
tions for the PUD , and the Site Plan establishes site design requirements. Ms. Langon
stated the proposal is to divide the property into four building sites , and to develop four
single-family homes to be accessed from and addressed on South University Boulevard.
Ms. Langon alluded to previous proposed uses of the site , including an assisted living de-
velopment, and a mortuary addition to the Church on the south boundary of the site , nei-
ther of which were acceptable to the surrounding neighborhoods or to the City.
Ms. Langon stated that the applicant has submitted all required documentation; the pro-
posal has been reviewed by the Development Review Team; and the applicant has met
with various neighborhood groups over the past year to explain the proposal. The pro-
posed use is compatible with the surrounding neighborhoods, both in Denver and in
Englewood. The proposed use will be limited to single family development plus acces-
sory uses. Home Occupations will be permitted, but limited only to home offices for
those who may be telecommuting. Lot areas will vary from 6,700 square feet to 8,400
square feet. Setbacks as commonly used in the R-1-A District will not be used in the
proposed PUD; rather, a "building envelope" area is identified and all development must
occur within that "envelope". This does not mean that the entire "envelope" will be filled
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with structure; use of the "building envelope" concept yields lot coverage of approxi-
mately 42% per lot. Structure height is proposed at 32 feet; this will accommodate a two-
story structure with pitched roof. Ms. Langon stated that the proposed development
would be accessed by a private access road from South University Boulevard. The
Homeowner's Association would maintain the access drive . Each single-family devel-
opment will be required to provide four off-street parking spaces -two spaces may be
contained within the attached garage , and the remaining two spaces on paved driveways
to private garages from the private access drive. On-street parking on the private access
drive will be limited to three spaces on the north side ; no parking is allowed on the south
side of the drive. An area will be designated for snow storage so that snow is not plowed
onto the public street ; when snow is not stored in this area, it may also be used for addi-
tional parking spaces . Ms. Langon stated that landscaping on the four single-family par-
cels will be required to comply with the landscape standards set forth in the PUD , which
are compatible with landscape standards established in the EMC. The landscaping of the
public right-of-way is set forth on the PUD plans , and has been reviewed by the Public
Works Department for visibility impacts. Ms. Langon stated the owner/applicant of the
subject site has worked with the Denver Water Department and with the Englewood
Utilities Department , and an intergo vernmental agreement has been developed that will
allow this four parcel development to be connected to Denver water and sewer lines in
South University Boulevard. A similar agreement has been developed with Metro
Wastewater for sewer connection in South University Boulevard .
Ms. Langon reiterated the staff recommendation that a homeowner association be
formed. This association would have responsibility for maintenance of the private drive,
snow plowing , and landscaping in the public areas .
Ms . Langon then discussed the issue of electrical service . Service to the proposed devel-
opment will be placed underground. At the present time , a power pole situated on the
subject site provides overhead service to the Korean Emmanuel Methodist Church.
There is no easement of record for the line to cross the subject property. The applicant
proposes that service lines to the Church will placed underground in a utility easement.
Ms . Langon stated that financial issues between the applicant and the Church on pro-
posed undergrounding of electrical service is a civil issue and is not part of the PUD con-
sideration .
Ms . Langon stated that the proposed development is consistent with the overall intent of
the Comprehensive Plan. Staff is of the opinion that the Subdivision Preliminary Plat is
consistent with the provisions of Title 10 of the EMC , Land Subdivisions . Ms. Langon
reiterated that if no changes to the Preliminary Plat are required, staff would recommend
administrative review of the Final Plat and that it be forwarded to City Council with fa-
vorable recommendation .
Chairman Waggoner asked about turning radius in the cul-de-sac , and any comments
from the Fire Chief on adequacy of the turning radius. Ms . Langon stated that no final
comments were received from the Fire Department; the applicant is providing a fire hy-
drant on South University Boulevard, with Englewood specification threads.
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Chairman Waggoner asked why the homeowner association documents need to be sub-
mitted to the City; the City exercises no control over homeowner associations or cove-
nants . Ms. Langon stated that staff is asking for this submittal to be assured the home-
owner association document addresses issues that will be required of them. She ac-
knowledged that the City has no control over homeowner associations, or enforcement of
covenants .
Chairman Waggoner questioned allowance of home occupations in this development. He
asked if home occupations are allowed in any R-1-A District. Ms. Langon stated that
home occupations are not allowed in R-1-A; they will be allowed in the PUD site only as
home offices . Ms. Langon stressed that the PUD provides flexibility on "district regula-
tions" that are not available through the typical zone district classification. It was asked
whether home occupations are allowed in the Denver R-1 zoning that abuts the subject
site. Ms. Langon stated she could not answer the question. Mr. Welker stated that he has
a copy of the Denver Zoning Code , and home occupations are allowed in the R-1.
Ms. Mueller asked if a maximum floor area is established other than within the building
envelope. Ms . Langon stated that a minimum is established , but not a maximum .
Mr. Schum asked about height restrictions in Denver. Are they greater or lower than the
proposed 32 feet. Ms. Krieger asked why the increased height is proposed. Ms. Langon
stated that 32 feet will allow a two-story structure with a reasonably pitched roof.
Mr. Parks asked if the "style of homes" is relevant to this discussion. Ms. Langon stated
that it is not; the EMC does not address design criteria, and stipulation of specific build-
ing styles could be onerous for the applicant.
Chairman Waggoner inquired about drainage -was a drainage report filed. Ms. Langon
stated that a drainage report was submitted, and reviewed by the Public Works Director.
It has been referred to the City of Denver for their review. All drainage issues will be
addressed through the permitting process. Brief discussion followed.
Mr. Welker stated that the Denver Zoning Ordinance allows 30 ft. height for structures on
a 50 ft. lot; increase in lot size can result in an increase in allowable height.
Chairman Waggoner asked for clarification of the off-street parking to be provided. Ms .
Langon stated that each building site will be required to provide four off-street parking
spaces , two of those may be in the attached garage, and two may be on the private drive-
way leading to the garage. There may be three on-street parking spaces on the north side
of the private access drive, and two in the area designated for snow storage when this
area is not used for snow storage .
Chairman Waggoner stated it appeared that there is access to the Church from the private
access drive . Ms. Langon stated that there is access from the private drive to the individ-
ual driveways, but this access does not go through to the Church.
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Ms. Mueller asked what traffic impact this proposed development might have on South
University Boulevard. Ms . Langon stated that the Public Works Department will require
dedication of right-of-way for an ingress lane and an egress/merge lane to and from the
development.
Mr. Roth inquired whether permitted signage conforms to the City Code. Ms. Langon
stated that R-1-A permits no signage; any signage permitted by the PUD will meet re-
quirements established in the PUD approval.
Mr. Schum asked whether sidewalks within the development will converge with side-
walks on University. Ms. Langon stated that there are no sidewalks on South University
Boulevard, either to the north or to the south of the subject property.
Chairman Waggoner asked if a calculation has been made of the total square footage of
homes that could be constructed on the subject site. Ms. Langon responded negatively.
Chairman Waggoner asked how much of University Boulevard is within the corporate
limits of the City of Englewood . Ms. Langon stated that one-half of the street is within
Englewood for the distance that it forms the east boundary of the City .
Chairman Waggoner inquired whether there is a written agreement to allow the Fire De-
partment to use Denver water, inasmuch as the site will be serviced by Denver Water De-
partment. Ms. Langon noted the location of the new fire hydrant as part of the proposed
development.
Chairman Waggoner asked if members of the Commission had further questions of staff.
No further questions were posed at this time . Chairman Waggoner then asked that the
applicant present his case .
Mr. Peter Pappas was sworn in . Mr. Pappas testified that this project has been in the
works for nearly 18 months -meetings with neighbors, staff, etc. He noted that some
members of the Commission might be familiar with the site and previous development
proposals that have been advanced, but did not reach fruition. Mr. Pappas discussed the
progression of development in the subject area: single-family homes on East Dartmouth
Circle, the relocation of the Brown Mansion , and development of the Hampden Hills
Baptist Church. The Brown Mansion, built in the late 1800's, has been placed on the
State Registry of Historical Structures. The Mansion is once again for sale , at a reported
asking price of $1.2 million. The "flagpole" parcel, designated as "Tract A" on the PUD
and Subdivision Plats, was created during this period of time.
Mr. Pappas stated that he has been a resident of Denver since the late 1970's, and resides
about two blocks north of the subject site. The subject parcel is in his "neighborhood".
He noted that approximately two years ago, he spoke to the new owner of the subject site
regarding possible development. They researched possible development that could be
allowed under the existing R-1-A zoning. Mr. Pappas noted that municipalities are deal-
ing with "sprawl", and are doing "in-fill" projects such as the subject site. Mr. Pappas
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stated the site has 155 feet of frontage on South University Boulevard. R-1-A zoning re-
quires that each building site have a minimum of 75 feet of street frontage. This would
have allowed only two building sites on the parcel. Several development scenarios were
explored and some possible development plans would have required granting of vari-
ances. The complexity of developing the parcel is compounded by water and sewer ser-
vice issues. The Englewood sewer line is 800 feet to the south, and the water line would
have to be extended and looped. The City of Denver has water lines in South University
Boulevard. Mr. Pappas stated that he worked with the Denver Water Board, Metro
Wastewater, and the Englewood Water and Sewer Board to develop an inter-
governmental agreement to allow service from the existing water and sewer lines.
Mr. Pappas stated that economics have to be taken into consideration when contemplat-
ing any development. He stated that infrastructure costs, in addition to water and sewer
service, is estimated between $200,000 to $250,000. The proposed development will al-
low four residential building sites smaller than the R-1-A minimum requirements. The
applicant is proposing construction of mid-priced single-family homes. Mr. Pappas em-
phasized that there has been a continuing dialogue with the adjoining neighborhoods,
with the City of Englewood, and with the City of Denver. The basic concept of the de-
velopment has been molded around the R-1-A District; they want to build an "enclave
development" that is a neighborhood in itself, served by a private access drive that will be
maintained by a homeowners association .
Mr. Pappas displayed schematics of the proposed development and pointed out that the
two western-most lots will be 8,400 square feet in size, and the two lots fronting on South
University Boulevard will be 6,700 square feet in area. The "building envelope" areas on
each lot were indicated; the building envelope concept is used in lieu of street frontage
requirements. Mr. Pappas emphasized that the only use allowed in the proposed PUD is
single-family homes -no church, school, public building, or philanthropic institution will
be allowed. All garages must be attached to the residences, but will not face the access
road; one storage shed will be allowed and the structures must all be constructed within
the building envelope. Home occupations in the form of home offices that are auxiliary
to off-site offices will be allowed; residents will be able to telecommute. No businesses
will be run from the homes. No Conditional Uses, such as day care homes, will be al-
lowed in this PUD. While the lot area of the building parcels is reduced, the minimum
floor area will be increased to 2,000 square feet. The maximum envelope build-out
would be 46.2% of the lot area. The proposed structures will not cover the entire lot.
Only swimming pools may be constructed outside of building envelopes.
Mr. Pappas addressed the existing overhead utility lines for Xcel Energy; these lines will
be placed underground to serve the residential parcels. They are working with Church
representatives to resolve utility issues, inasmuch as service to the Church has crossed
private property without benefit of easement. Mr. Pappas reiterated that all telephone,
electrical, or cable service lines will be on the north side of the development, and will be
placed underground .
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Mr. Pappas discussed drainage. The historic flow from the Brown Mansion property has
been onto the subject site, and they have to accommodate the historic flow. A drainage
channel is proposed that will drain from west to east along the north boundary line of the
subject site. Mr. Pappas acknowledged that five homes on the north side of the subject
site have experienced problems with drainage from the Brown Mansion and the subject
site; a berm was created against the common fence line on the north property line of the
subject site, but it has proven inadequate to solve the drainage issues .
Mr. Pappas stated that close cooperation with homeowners on the north will occur during
construction of the proposed University Homes development. He discussed the commu-
nication that has occurred with the adjoining neighborhoods, including mailings to all
residents within 500 feet of the subject site property lines, public meetings, one-on-one
meetings if so desired -all in effort to explain the proposal.
A new cedar fence will be placed around the perimeter of the subject property. He also
discussed elevations of the screen walls, and of the planter and signage walls. Eight-foot
screen walls are proposed along South University Boulevard. These will assist in sound
mitigation for residents of the Lots 2 and 3 that will front on South University Boulevard.
Six-foot screen walls will be along the private access road for a short distance on Lots 2
and 3, again to mitigate sound and to provide privacy.
The flagpole portion of the ownership, identified as "Tract A", is not included as part of
the PUD. It is, however, included as part of the University Homes Subdivision . At some
point in future, this parcel may be sold or transferred to an adjoining property owner.
Mr. Pappas stated that 12 feet will be dedicated to the City for acceleration/deceleration
lanes. Sidewalks and handicap curb ramps will also be installed, and maintained by the
homeowners association, as will the screen-walls and fences.
Mr. Pappas stated that the proposed PUD is in compliance with criteria contained in the
PUD Ordinance. The University Homes PUD will create an opportunity for development
of a small enclave of single-family homes; will encourage flexibility and unity in the de-
velopment of the homes by sharing common drives. The PUD, when developed, will en-
sure consistency with the Englewood Comprehensive Plan . Mr. Pappas stated that the
applicant does ask for approval of the PUD and of the University Homes Subdivision
Preliminary Plat.
Mr. Welker questioned Mr. Pappas regarding drainage on the site. Mr. Pappas stated that
a drainage plan has been submitted and reviewed by the Public Works Director. A final
report will be submitted with the building permit applications . Mr. Pappas stated that
drainage from the subject site, and from the Brown Mansion site, will drain to University
Boulevard. Mr. Welker asked if there is any drainage from the Church property that
flows onto the subject site. Mr. Pappas stated that there is very little storm runoff from
the Church; their site has quite a bit of unpaved area, which absorbs a great deal of rain
and snowmelt. He reiterated that Public Works Director Ross reviewed the drainage
plan.
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Mr. Welker asked about garbage pickup -is the cul-de-sac of sufficient turning radius to
allow maneuvering for garbage trucks. Mr. Pappas stated that the cul-de-sac has a 30-
foot radius to the back of sidewalks; a 30-foot radius is sufficient for fire personnel to
maneuver fire engines.
Mr. Welker asked about traffic turning left onto University Boulevard from the develop-
ment. Mr. Pappas cited trip-per-day figures of 10 per residence; that could result in 40
trips per day from the development. He pointed out that the Dartmouth A venue/South
University Boulevard intersection is signalized, and this will provide traffic breaks for
motorists wishing to turn left onto South University Boulevard. He suggested that there
will be considerably less traffic generated by this development than generated by the
Baptist Theological Seminary.
Mr. Welker asked for clarification of the fencing and wall construction. Mr. Pappas
stated there will be a wall eight feet in height from the north property line extending
south to the private access drive, and from the private access drive extending south to the
south property line. There will be a six-foot high wall extending along both sides of the
private access drive for a short distance along Lots 2 and 3. The walls of this height will
provide privacy and mitigate noise impacts from University Boulevard. The wall will be
stone construction with pillars . The six-foot high fences will be cedar. Mr. Welker asked
why the eight-foot wall height. Mr. Pappas reiterated they will serve as sound walls, and
cited recently adopted guidelines for sound walls and construction of such a wall along
U.S. 285 on the southern boundary of the Kent Village development.
Mr. Pappas stated that all residences will be addressed on South University Boulevard.
Ms. Krieger asked if South University met the criteria to support construction of sound
walls.
Chairman Waggoner inquired about maintenance of structures and private areas; is this
by the homeowners association. What about the landscaped area and individual homes .
Mr. Pappas stated that the private access drive, landscaping in public areas and common
areas will be maintained by the homeowners association; landscaped areas and individual
homes will be the responsibility of individual homeowners.
Mr. Schum asked if fencing is allowed between lots. Mr. Pappas stated that fencing be-
tween lots is permitted; however, no fencing between lots in the front setback areas will
be allowed.
Mr. Welker asked for clarification regarding the utility easement; why does it need to be
extended to the south property line. Ms. Krieger stated that the easement will provide for
electrical service to the Church property. Mr. Pappas reiterated that all utility lines on the
subject property will be placed underground. The Church does have other options for
electrical service; he emphasized that the Church has received electrical service across
• private property without benefit of easement for at least 20 years.
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Mr. Welker questioned the width of the private access drive and the allowed on-street
parking at eight foot minimum; this access drive is to accommodate two-way traffic -is
the 22.6 feet sufficient width. He stated that this seems "tight" to him. Mr. Pappas stated
that the street width is 22 feet curb-to-curb. The City suggested the parking stall width.
Mr. Parks asked for more information on University Homes. Will Mr. Pappas build the
homes and the homes then be offered for sale. What is the intention of the applicant. Mr.
Pappas stated they anticipate the PUD and Subdivision may not be approved and final-
ized until late this year; infrastructure construction could take six to eight months. It is
the intent of the applicant to proceed as soon as possible. Mr. Pappas stated that he hopes
his architectural firm is engaged to design the homes, but he is not contracted to do so as
yet.
Mr. Welker asked for clarification of the landscaping proposed. Mr. Pappas reviewed the
plans, and stated that 35% of the total area must be landscaped. Mr. Welker asked what
percentage is required to be living plant material, and what may be rock, mulch, or other
landscape features. Mr. Pappas stated that the landscaping requirements will conform to
the EMC.
Mr. David DiPane was sworn in . Mr. DiPane stated that he is the applicant. He stated
that Mr. Pappas and Ms. Langon have covered the proposal very well, but he will respond
to questions members may have .
Chairman Waggoner asked if the applicant will build "spec" homes. Mr. DiPane stated
that this is difficult to determine at this time . Each residence could have its own design;
he anticipated that the development would not be "spec" homes, but custom-design, cus-
tom-built homes.
Mr. George Bodley, 2300 East Columbia Place, was sworn in. Mr. Bodley stated that he
lives directly to the north of the subject site, and has lived there since 1966. Mr. Bodley
provided a verbal history of the area over the time since he began residing there . He
stated that the drainage problems began with the relocation of the "alleged mansion" and
permission was granted to convert it to office use. The conversion to office use from
residential use triggered paving of an extensive portion of the lot to provide parking; a
landscaped berm was placed along the north property line right against the fences of
property owners on East Columbia Place. This resulted in a bowing and rotting of the
fences, and did not contain storm runoff. He stated that all of the property owners on the
north have had to install drainage pipes. Mr. Bodley stated that he is present this evening
to seek assurance that this will not occur again. He stated he has discussed the proposed
project with Mr. Pappas, and has some concerns regarding some aspects of the proposal.
Mr. Pappas has made commitments to the adjoining property owners, but it appears the
applicant/property owner isn't sure what development will occur, and that Mr. Pappas
may not even be hired to continue the project.
Mr. Bodley stated that he is asking language on the PUD regarding installation of new
fencing be changed from "may be erected" to "will be erected". Mr. Bodley stated that
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residents to the north along East Columbia Place want the new fence that has been prom-
ised to them.
Mr. Bodley then discussed his concerns regarding the spill barrier, or concrete drainage
channel. Mr. Bodley stated that the north wall of this channel is proposed to be higher
than the south wall to prevent spillage of storm waters onto the neighboring properties to
the north. He is asking that language in the PUD be modified to require the drainage
channel to have a raised curb on the north side of approximately six (6) inches. Mr. Bod-
ley reiterated that the drainage problems in this area were created with the relocation of
the "alleged Mansion " and the paving of that parking lot. Mr. Bodley stated he realized
that "any storm can be a 100-year storm", and in that event , the drainage channel may
overflow to the north; he wants to be assured , however, that any overflow drains to the
south before draining to the north. He wants to be assured that the developer of the sub-
ject site and the City of Englewood have made a "good faith effort" to resolve the drain-
age problem. Mr. Bodley stated that the subject site is three to four feet higher in eleva-
tion than the properties to the north. Mr. Bodley emphasized that the drainage issue is of
great importance to residents on E ast Columbia Place.
Mr. Bodley discussed the proposed height of 32 feet. He suggested that the height be
limited to "two stories ". He suggested that rather than a two-foot measurement between
floors; it is more like 14 inches. Mr. Bodley felt that the 32-foot proposed height would
allow a three-story house . This is not acceptable to the East Columbia Place residents .
Mr. Bodley supported the proposed eight (8) foot height of the wall along South Univer-
sity Boulevard. He stated that traffic on South University Boulevard generates a lot of
noise, and the eight-foot wall will help mitigate the noise.
Mr. Bodley stated that he is, basically , in favor of the proposal with the reservations he
has set forth. He reiterated that he wants to see verbiage modifications to tighten prom-
ises down, and asked that the Commission give consideration to the drainage and height
issues .
John Dicker, 2810 South Gaylord Street, was sworn in. Mr. Dicker stated that he lives
two blocks north of the proposed development. In his opinion, a residential development
on the subject property will be beneficial to the neighborhood, and will help sustain or
improve property values.
Chairman Waggoner asked if Lucy VanDusen, Peter VanDusen, or Dan Dulaney wished
to speak. There was no response from anyone in the audience.
Gerald Radetsky , 3030 South High Street, was sworn in. Mr. Radetsky testified that he
has been a resident of Denver most of his life. The subject site has been a blight to the
area, just collecting trash and weeds. He stated that in his opinion, the proposed devel-
opment is a "wonderful proposal". He stated that he agrees that the wall along South
University Boulevard should be eight feet in height -it will help mitigate noise impacts.
H:\GRO UP\BOARDS\PLANCOMM\Minutes\Minutes 200 2\PCM 08-20-02 .doc 11
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Mr. Radetsky stated that it appears the applicant and Mr. Pappas have gone to a great deal
of effort to protect the property owners, both to the north and to the south .
Chairman Waggoner asked if anyone wished to speak in opposition.
Harold Kwan and Edison Cutright indicated neither of them had any comments.
Ms. Nancy Flannigan was sworn in. Ms. Flannigan stated that she has been before the
Commission on previous occasions in opposition to proposed uses of the subject parcel.
She stated that as a resident of the neighborhood, she is delighted to see a proposed resi-
dential development on the subject site.
Chairman Waggoner asked if anyone else wished to address the Commission. No one
indicated a desire to speak.
Mr. Welker discussed landscaping requirements, and tying the proposal more closely to
the landscaping ordinance . Ms . Langon voiced concern with "tagging" provisions to a
specific ordinance , citing enforcement difficulties when ordinance changes are enacted.
She suggested that landscaping specifics might better be spelled out in the general regula-
tions governing the PUD , and addressed in the District Development Standards. Mr.
Welker stated that it seemed to him the landscaping should comply with the Ordinance.
The wording on the PUD states that no less than 35 % of a total lot shall be landscaped,
but it does not spell out the percentage that must be living landscape material. Ms. Lan-
gon reiterated that it is a "cleaner issue", and easier to enforce, if the specifics are in-
cluded as part of the PUD. Mr. Welker stated that clarification of the landscaping provi-
sions should be made.
Mr. Welker asked if anyone in "utilities" has looked at the drainage study. Ms. Langon
reiterated that the drainage study was submitted to, reviewed by , and accepted by Public
Works Director Ross. Ms. Langon also reiterated that when properties are developed,
drainage plans specific to a subject site are reviewed with the Building Permit process .
Chairman Waggoner noted that the northwest corner of the property is higher; how will
the drainage swale be placed around that corner and tie into the east/west drainage chan-
nel. Mr. Welker stated in his opinion neighbors to the north have legitimate concerns re-
garding drainage. He stated that there is no development on the subject site now, and
with development, storm water runoff will increase. He suggested that the proposed
channel will not handle a great deal of water. Ms. Krieger asked if, after the drainage
channel is constructed, and there is a 100-year storm that floods over to the properties on
the north, will they have any recourse. Mr . Welker stated that one must take into account
the natural slope of the land, what portion of the site can absorb water and what portion is
paved over -just make sure that the drainage concerns have been addressed. Ms. Langon
again reiterated that the drainage plan was submitted to and reviewed by Public Works
Director Ross who found it to be acceptable. Mr. Schum pointed out that the homeown-
ers association will be responsible for maintenance of the channel , to keep it cleaned out
so that drainage can flow .
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Chairman Waggoner questioned whether height of structures can be limited to two sto-
ries. Ms. Langon pointed out that there is no definition or numerical criteria to establish
what constitutes a "story". Mr. Welker discussed his calculations for a two-story struc-
ture : 1 foot above grade ; 9 feet per floor; 1 foot between floors, and a 6: 12 pitch for the
roof -he figured this could equal between the 29 to 30 feet. Discussion ensued. Ms.
Krieger questioned that the two feet difference -32 feet versus 30 feet -makes that much
difference. Further discussion ensued.
Chairman Waggoner asked Mr. Pappas about the elevation of the northwest corner of the
subject property , and how the drainage swale will be constructed around that corner. Mr.
Pappas discussed the elevation of the property, and noted that the northwest corner is ref-
erenced as a "pond site" on the Preliminary Subdivision Plat. A number of years ago , the
landscaped berm was built across the north property line in an attempt to alleviate the
storm runoff from this site, and from the Mansion site, from flowing onto the properties
to the north. Mr. Pappas stated that the entire subject site will be graded as part of the
development efforts , and errors of 20 years standing will be corrected. Mr. Pappas stated
that the drainage plan was reviewed twice by Public Works Director Ross, and was ac-
ceptable to him. Chairman Waggoner asked if there is any reason the northern wall of
the drainage swale could not be raised three inches or more. Mr. Pappas stated there is
no reason it could not be raised . Mr. Welker stated that the west to east drainage appears
to be a one-foot fall in 300 feet -this is a pretty flat piece of property from west to east.
Mr. Pappas agreed . Mr. Pappas suggested that if the drainage ditch is made a little
deeper -the northern wall increased in height -more south to north drainage would be
retained on the site .
Chan Lee was sworn in, and stated he is affiliated with the Korean Emmanuel Methodist
Church . Mr. Lee expressed concern that the Church property could "float" if homes are
built on the property to the north .
Mr. Pappas stated that drainage from the church property would drain to the west at the
southern end of that property. Drainage flow from the church property will not change.
Chairman Waggoner asked if there were more comments .
Mr. Bodley again addressed the Commission, and read the following paragraph of his
letter into the record. "Finally it is hard for an ordinary citizen or even the architect to
determine from the plot plan exactly the what and where of the proposed grading, the ex-
act location, and the exact elevation of the drainage channel in respect to our properties .
Therefore , I'm asking that if the concrete drainage channel is in fact elevated above the
height of the property directly to the north, that it will be supported by a masonry retain-
ing wall or masonry faced embankment."
Chairman Waggoner asked if Commission had more questions of staff, of the applicant ,
or of anyone who has offered testimony. No further questions were asked .
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Schum moved:
Parks seconded: The Public Hearing be closed.
AYES:
NAYS:
Schum, Welker, Krieger, Mueller, Parks , Roth, Waggoner
None
ABSTAIN: None
ABSENT: Lathram, Willis
The motion carried.
Chairman Waggoner asked the pleasure of the Commission .
Krieger moved:
Parks seconded: The Planning Commission approve Case #PUD 2002-01 , for Uni-
versity Homes at 3055 South University Boulevard, with the fol-
lowing conditions:
1. A Homeowner Association be formed and documents per-
taining to the Association be filed against all properties
with the Arapahoe County Clerk.
2. A recorded copy of the Homeowner Association document
be pro v ided to the City.
3. The north wall of the drainage channel on the north prop-
erty line of the subject site shall be raised four inches in
height.
4. No less than 35 % of the required landscaping shall be live
plant material.
Mr. Welker stated that in his opinion, the biggest issue is that of storm water drainage.
He stated it is not clear to him whether an added "four inch lip " on the north wall of the
drainage channel will adequately handle the storm runoff. He stated that he questioned
the adequacy of the drainage plan , and asked that it be reviewed with a very "cautious
eye". Mr. Schum stated that people living to the north feel they will be flooded every
time it rains. Ms. Krieger pointed out that Mr. Bodley had stated he wanted assurance
that the applicant and City have made "good faith efforts" to resolve the drainage issue ;
she also pointed out that testimony has been received that the drainage plan was reviewed
and approved by Public Works Director Ross. Mr. Parks stated that drainage is an issue,
and suggested that the Commission ask Director Ross to "share his logic " with them. He
stated that the drainage is of concern to the citizens and to the Commission members.
Chairman Waggoner asked about the proposed height of the structures. Mr. Welker
stated that it isn't really an issue. Mr. Schum stated that it could be the difference be-
tween a three-story, flat-roofed adobe structure and a two-story pitched-roof structure.
Ms. Krieger stated that economics will dictate what is ultimately developed on the site .
Mr. Welker reiterated that the height is not an issue .
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Discussion ensued. Mr. Brotzman advised that if the Commission has additional ques-
tions, or wants to receive additional information for the record , they should reopen the
Public Hearing, and continue proceedings to a date certain.
Schum moved:
Krieger seconded: The Public Hearing on Case #PUD 2002-01 be reopened .
AYES :
NAYS:
ABSTAIN:
ABSENT:
Krieger, Mueller, Parks, Roth , Schum, Welker, Waggoner
None
None
Willis, Lathram
The motion carried.
Welker moved :
Schum seconded: The Public Hearing on Case #PUD 2002-01 be continued to Sep-
tember 4 , 2002. The applicant is asked to clarify verbiage con-
tained in the General Regulations "A", and clarify landscaping re-
quirements that no less than 35 % of the required landscaping shall
be of live plant materials.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Krieger, Mueller, Parks , Roth, Schum , Welker, Waggoner
None
None
Lathram, Willis
The motion carried .
Chairman Waggoner expressed the appreciation of the Commission to the applicant team,
and to members of the audience , and stated that the Public Hearing has been continued to
September 4, at 7:00 p.m .
V. PIF/CIP REVIEW AND PRIORITIZATION
Ms . Langon stated that projects submitted by City Departments for funding through the
Public Improvement Fund or the Capital Improvement Project fund are to be considered
by the Commission. Ms. Langon referenced the memorandum from Mr. Flaherty that
was included in the packet, citing the limited funding anticipated for the PIF/CIP pro-
jects. The Commission typically reviews the project requests, determines which projects
support the Comprehensive Plan, and recommends a priority of projects.
Brief discussion ensued. Chairman Waggoner asked why maintenance issues are not in-
cluded in the operating budget rather than in public improvement/capital improvement
request for funding. Ms. Langon suggested that inclusion of any project in the capital
• project budget is dependent on the cost of the project.
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Schum moved:
Parks seconded: The Planning Commission recommend to the City Manager the
following list of Capital Improvement Project/Public Improvement
Fund projects . The Commission finds that the cited projects sup-
port the goals of the Comprehensive Plan, and recommend funding
of these projects. No priority is suggested.
PROJECT
Transportation System Upgrade
South Broadway Action Plan
Bates Street Light Rail Station
Permit Tracking System
Transportation Action Plan
Centennial Landscaping
Pocket Parks
South Broadway Street Furniture
Entryport Monumentation
285 Pedestrian Bridge
Englewood Parkway Construction
Dartmouth A venue Pedestrian Bridge
AYES:
NAYS:
ABSTAIN:
ABSENT:
Mueller, Parks, Roth, Schum, Welker, Krieger, Waggoner
None
None
Lathram, Willis
The motion carried.
VI. PUBLIC FORUM
No one was present to address the Commission .
VII. DIRECTOR'S CHOICE
AMOUNT
$
$
$
$
$
$
$
$
160,000
275,000
250,000
42,500
150,000
50,000
100,000
100,000
$ 100,000
$1 ,2 00,000
$ 600,000
$ 200,000
Ms . Langon distributed a tentative meeting schedule for the Commission . This tentative
schedule encompasses the months of August, September, October, November, and De-
cember, and indicates that the Commission may be required to meet every Tuesday eve-
ning to complete the review, public hearing, recommendation and referral of the Uniform
Development Code to City Council in compliance with deadlines established by the City
Council. Ms. Langon reiterated that this is a "tentative" schedule, and is subject to
change.
Ms. Langon introduced Mr. Anthony Fruchtl to the Commission. Mr. Fruchtl is a Plan-
ner I with the Department of Community Development, and will be preparing staff re-
ports and case presentations before the Commission.
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• VIII. ATTORNEY'S CHOICE
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Mr. Brotzman reminded the Commission of the Board and Commission recognition eve-
ning scheduled for August 26; this celebration will be held in the Community Room of
the Civic Center, and will begin at 5:30 p.m.
IX. COMMISSIONER'S CHOICE
Nothing was raised for discussion under Commissioner's Choice .
The meeting was declared adjourned at 10 p .m.
/,
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Gertrude G . Welty , Rec'ording Secretru::
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