HomeMy WebLinkAbout2002-09-04 PZC MINUTES•
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
September 4, 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.
Present:
Absent:
Staff:
Mueller, Roth, Schum, Welker, Willis, Krieger, Lathram, Waggoner
Parks (previous notice was given)
Senior Planner Tricia Langon
Director of Public Works Ken Ross
Assistant City Attorney Nancy Reid
II. APPROVAL OF l\tlINUTES
August 13 , 2002
August 20 , 2002
Chairman Waggoner stated that the Minutes of August 13, 2002 were to be considered
for approval.
Krieger moved:
Roth seconded: The Minutes of August 13 , 2002 be approved as written.
AYES :
NAYS:
ABSTAIN:
ABSENT :
Roth, Schum, Welker, Willis , Krieger, Waggoner
None
Lathrarn, Mueller
Parks
The motion carried.
Chairman Waggoner stated that the Minutes of August 20, 2002 were to be considered
for approval.
Schum moved:
Krieger seconded: The Minutes of August 20, 2002 be approved as written .
AYES:
NAYS:
ABSTAIN:
ABSENT :
Roth, Schum, Welker, Krieger, Mueller, Waggoner
None
Willis, Lathram
Parks
The motion carried.
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ill. UNIVERSITY HOMES PUD
UNIVERSITY HOMES SUBDIVISION
3055 South University Boulevard
CASE #PUD 2002-01
CASE #SUB 2002-05
Chairman Waggoner stated that the Commission had, at the last meeting, requested an-
swers to some questions and clarification of issues that were raised during the course of
the Public Hearing on August 20th. Chairman Waggoner noted that testimony had been
received from the applicant and general public on that date , and unless there was new in-
formation to be presented additional testimony would not be received. He asked for a
motion to reopen the public hearing.
Schum moved:
Roth seconded: The Public Hearing on Case #PUD 2002-01 and Case #SUB 2002-
05 be reopened.
AYES :
NAYS:
ABSTAIN :
ABSENT:
Schum, Welker, W illis , Krieger , Lathram , Mueller, Roth , Waggoner
None
None
Parks
The motion carried.
Ms . Lathram stated that she has read the Minutes of the proceedings of August 20th, has
reviewed materials included in the Planning Commission packets for the meetings of Au-
gust 20th and September 4th, and feels that she has a good understanding of the issue and
can make an informed and impartial decision on the matter.
Ms. Tricia Langon, Senior Planner, was sworn in . She testified that the Public Hearing
on the proposed Planned Unit Development and on the Subdivision for University Homes
was continued from August 20th to provide staff an opportunity to obtain additional in-
formation requested by the Commission. Ms. Langon stated the applicant clarified verbi-
age on page one of the District Plan regarding landscaping, and added a development
clause in "general notes " to address timing of development. Ms. Langon stated that in-
tent of the development clause is to prevent development of any one of the building sites
without completion of the private drive , sidewalks, drainage channel , sound walls, and
other amenities . Mr . Ross, Director of Public Works, has provided a memorandum de-
tailing consideration and approval of the drainage channel on the north boundary line of
the subject property. Mr. Ross is in attendance if the Commission has questions of him.
Ms . Langon stated that no changes have been proposed to the Subdivision Plat for Uni-
versity Homes.
Chairman Waggoner noted that on August 20th, the Commission identified four condi-
tions to be addressed if the request is approved. Two of the conditions were identified by
staff, and two identified by the Commission. Ms. Langon stated that staff still supports
the four conditions that were cited on August 20; she did point out that the issue regard-
ing landscaping was addressed by the applicant in amended verbiage on page one of the
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Planned Unit Development plans . The verbiage now states that use of non-living land-
scape material shall not exceed 35 % of the required landscape area.
Chairman Waggoner stated that inasmuch as the landscaping issue has been clarified and
addressed, this leaves only concerns regarding the drainage channel to be discussed. Mr.
Welker stated that he has read the memorandum from Mr. Ross , but still has concerns
regarding drainage. He pointed out that there is almost no grade from west to east on the
subject site, and in a heavy rain will there be sufficient grade to drain to University
Boulevard before overflowing the channel and draining onto abutting properties to the
north . Mr. Welker stated that the additional four inches added to the north wall of the
drainage pan might provide a little more protection to the residential properties abutting
the north property line. He reiterated he still has concerns , but is of the opinion that the
drainage issue has been addressed by staff and by the Commission .
Mr. Schum commented that with the basically flat grade, drainage waters could "stand"
in the pan , and become a breeding ground for mosquitoes. Mr. Schum also expressed
concern regarding the "comer" of the drainage pan on the northwest c omer -whether the
drainage waters would splash a bove the north wall of the pan when hitting the comer of
the pan before flowing eastward to South Uni versity. Mr. Welker stated that he had
looked at the site ; the depth of the drainage pan will protect the properties from normal
rains. He stated that he doesn 't know how to provide protection from the 100-year
storms , but did not feel that this was reason to disapprove the Planned Unit Development
or Subdivision. He stated that the height of the wall on the west side should not be in-
creased, because this property takes the historic flow from the Mansion site to the west.
Mr. Schum stated that this drainage pan should be cleaned at least a couple of times each
year to prevent the build-up of silt that will flow in with drainage waters. Ms. Lathram
stated that this would be a responsibility of the homeowners association in conjunction
with other maintenance responsibilities . Ms . Krieger agreed ; if it was not cleaned and
maintained, the homeowners association could face legal liabilities.
Chairman Waggoner reiterated his earlier statement that testimony had been received
from the applicant and members of the public during the first phase of the hearing on Au-
gust 20th; the Commission continued the hearing only for clarification of issues which has
been provided. He asked, if there were no more questions from the Commission, that the
hearing be closed.
Schum moved:
Krieger seconded: The Public Hearing on Case #PUD 2002-01 and #SUB 2002-05 be
closed.
AYES:
NAYS :
ABSTAIN:
ABSENT:
Welker, Willis, Krieger, Lathram, Mueller, Roth, Schum, Waggoner
None
None
Parks
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The motion canied .
Chairman Waggoner asked the pleasure of the Commission. He noted that staff recom-
mendation is to approve with two conditions regarding formation of a homeowner asso-
ciation and provision of the recorded documents to the City. He asked if the Commission
still feels that an additional four inches in height should be required on the north wall of
the drainage pan. Ms. Krieger stated that in her opinion , the additional four inches should
be required; the applicant stated at the previous meeting that they had no objection to the
additional height, and it would do no harm to require the additional height. Ms . Krieger
asked if the Commission wanted to add a condition requiring the homeowner association
to assume responsibility of maintenance . Brief discussion ensued.
Welker moved:
Krieger seconded: The Planning Commission recommend that City Council approve
Case #PUD 2 002-01 , for University Homes at 3055 South Univer-
sity Boulevard, with the following conditi ons :
1. A Homeowner Association be formed and documents pertain-
ing to the Association be filed against all properties with the
Arapahoe County Clerk.
2. A recorded copy of the Homeowner Association document be
provided to the City .
3. The north wall of the drainage channel on the north property
line of the subject site shall be raised four inches in height.
Chairman Waggoner asked if there were additional comments from the Commission.
Mr. Schum stated that the landscaping issue has been clarified, the drainage issue has
been addressed, and maintenance will be the responsibility of the Homeowners Associa-
tion .
The vote was called:
AYES :
NAYS:
ABSTAIN:
ABSENT:
Krieger, Lathram, Mueller, Roth, Schum, Welker, Waggoner
None
Willis
Parks
The motion canied.
Chairman Waggoner asked the pleasure of the Commission regarding the University
Homes Subdivision Plat. He noted that staff has recommend approval of the Plat.
Welker moved:
Krieger seconded: The Planning Commission approve the Preliminary Plat of the
University Homes Subdivision, the applicant is directed to prepare
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a Final Plat identical to the Preliminary Plat, and the Final Plat is to
be forwarded to City Council for their approval.
AYES :
NAYS :
ABSTAIN:
ABSENT :
Krieger, Lathram, Mueller, Roth, Schum, Welker, Waggoner
None
Willis
Parks
The motion carried.
IV. PARKING AGREE.MENT
Craig Hospital
CASE #PA 2002-01
3425 South Clarkson Street
Senior Planner Langon stated that the request filed by Craig Hospital is to seek approval
of a Parking Agreement between Craig Hospital and Swedish Medical Center. Mr. Lee
Means is present as a representati ve of Craig Hospital.
Ms . Langon stated that the Craig Hospital Planned Uni t De velopment (PUD 2001-01 )
was considered early last year; part of that appro v al included construction of a six-level
parking garage to pro vide a portion of the 401 off-street parking spaces proposed in the
PUD. Craig Hospital has requested a delay in construction of the parking garage , and has
proposed an interim parking agreement with Swedish Medical Center. The interim-
parking plan will provide 186 parking spaces , 41 of which will be on-site , and 145 spaces
will be le ased from Swedish Medical Center. Minimum parking requirements for the
hospital and housing uses included as part of the PUD is 24 9 spaces . Craig Hospital has
68 off-street surface parking s pace s, and with the proposed 186 s paces as part of the park-
ing agreement , C ra ig will be providing 254 off-street parking s paces .
Staff recommends approval of the Parking Agreement with the following conditions :
1. Mandatory re view and evaluation of the interim-parking plan shall occur:
• No later than June 30 , 2005 , or
• With any change to parking requirements resulting in increased parking needs
for either Craig Hospital or Swedish Medical Center,
2. The applicant shall notify the Community Development Department of any
change with regards to "Parking" or ''Term and Termination" sections of the Ex-
change of Services, Facilities, Supplies , and Pe rsonnel Agreement submitted in
conjunction with the application .
3. Planning and Zoning Commission Findings of Fact and a copy of the Exchange of
Services , Facilities, Supplies , and Personnel Agreement be recorded against both
properties with Arapahoe County.
Ms . Langon explained the Parking Agreement between Craig Hospital and Swedish
Medical Center would expire on December 31 , 2006. Construction of the parking garage
is anticipated to require 15 to 18 months construction time ; therefore, the date of June 30 ,
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2005, 18 months prior to expiration of the Agreement, was selected as the date for man-
datory review and evaluation of the interim-parking plan.
Mr. Welker asked how the City will be made aware of any parking problems that may
occur prior to the review date of June 2005. Ms. Langon stated that the City receives
complaints regarding parking problems in various neighborhoods, and suggested that if
there are neighborhood parking problems caused by Craig Hospital the City will also hear
about them.
Ms. Lathram asked what would cause a "change in parking requirements" -a change in
size of the building? Ms. Langon stated that increased square footage or usage by either
Craig or SMC could trigger the change. She stated that she has heard SMC wants to add
another MRI unit sometime in the future, but no formal plans have been submitted.
Ms. Langon pointed out that while construction is underway, the parking spaces are being
used by construction workers. Discussion ensued . Ms . Langon again reviewed the tim-
ing of the mandatory review versus expiration of the Parking Agreement. Ms . Krieger
asked whether Craig Hospital could ask for an extension of the Parking Agreement in
June 2005 . Ms. Langon stated that an extension may be requested. She emphasized that
the parking agreement is an interim measure to comply with the minimum off-street park-
ing requirements.
Chairman Waggoner asked the pleasure of the Commission .
Lathram moved:
Schum seconded: The Planning Commission approve the Parking Agreement be-
tween Craig Hospital and Swedish Medical Center with the follow-
ing three conditions:
1. Mandatory review and evaluation of the interim parking
plan shall occur:
• No later than June 30, 2005 , or
• With any change to parking requirements resulting in
increased parking needs for either Craig Hospital or
Swedish Medical Center,
2. The applicant shall notify the Community Development
Department of any change with regards to "Parking" or
"Term and Termination" sections of the Exchange of Ser-
vices , Facilities , Supplies , and Personnel Agreement sub-
mitted in conjunction with the application.
3. Planning and Zoning Commission Findings of Fact and a
copy of the Exchange of Services, Facilities, Supplies, and
Personnel Agreement be recorded against both properties
with Arapahoe County.
AYES:
NAYS:
Lathram, Mueller, Roth, Schum, Welker, Willis, Krieger, Waggoner
None
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ABSTAIN:
ABSENT:
None
Parks
The motion carried.
V. PUBLIC FORUM
No one was present to address the Commission.
VI. DIRECTOR'S CHOICE
Ms. Langon stated that a study session is scheduled for September 10, 7 p.m. This will
be the first discussion on the proposed Uniform Development Code; only the first couple
of chapters will be discussed on that date. Ms. Langon stated that staff and City Council
had a study session on this same information on September 3rd. Ms. Langon stated that
initial discussions will not be on "textual " issues, but related to format. Ms . Langon dis-
cussed the accelerated meeting/stud y session schedule for the Commission ; this is an ef-
fort to meet deadlines established by the City Council. She stated that the Public Hearing
is tentatively scheduled for November 5 , 2002.
VII. ATTORNEY'S CHOICE
Ms. Reid stated that City Council members do read information from Commissions and
Boards, and an issue of concern that has been raised is that of member 's attendance at
meetings . Ms. Reid reviewed the attendance policy adopted by the City Council by
Resolution #63 , Series of 2001. Ms. Reid stated that the policy sets forth the following
standards :
• All board and commission members must attend 60 % of all meetings in a calen-
dar year unless there is an excused absence. If a member is absent more than 40%
of the meetings , the Chair should discuss with the member his or her lack of at-
tendance.
• If a board or commission member misses three consecutive meetings, the Chair
may ask that a vacancy be declared, unless those absences are excused absences.
• The chair of each board or commission shall determine what is an excused ab-
sence .
• If a board or commission chooses, they may adopt their own attendance policy if
it is more strict than the City Council policy.
• This rule shall not apply to members that are required to be on a board or com-
mission by statute.
Ms. Reid stated that staff has prepared an attendance record with attendance percentages.
She noted that attendance percentages currently range from 46% of meetings attended to
100% attendance. Ms. Reid stated that Chairman Wagoner may want to address atten-
dance at the Planning Commission meetings with specific Commission members .
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Chairman Waggoner asked what constituted an "excused" absence . Recording Secretary
Welty noted that if a member notifies staff that they are unable to attend a meeting, it is
so noted in the minutes of that meeting that "previous notice is given", and counted as an
excused absence. However, if no contact from the Commissioner is received it is noted
that "no previous notice of absence" was given , and the absence is considered "unex-
cused".
Ms. Lathrarn stated that she is aware that she has a high absence rate in 2002. She is at-
tempting to resolve baby-sitting schedules for her two-month old daughter at the present
time. Discussion ensued. Mr. Welker noted that Ms. Lathrarn's circumstances have
changed over this past year due to pregnancy and birth of her baby contributing to her
higher rate of absence. He also pointed out that no one on the Commission anticipated
meeting four times each month, and that members do have times when they cannot attend
meetings. He noted that he has a lot going on in his life , and it is sometimes difficult to
attend meetings. Ms. Krieger agreed with Mr. Welker that members of the Commission
understand the reasons for Ms. Lathram's absences , and all members are very supportive
of Ms . Lathram and want her continued participation on the Commission .
The frequent absence of Commissioner Parks was duly noted. Commissioners expressed
concern that of seven absences noted for Mr. Parks , three were "unexcused" -no previ-
ous notice was given. It was noted that missing two meetings , attending one meeting ,
missing two meetings, attending one meeting -takes a member out of the "loop" on dis-
cussions that are on-going. Another issue of concern raised by members was the appar-
ent lack of preparedness exhibited by Mr. Parks on several occasions -staff reports and
packets not ha ving been read or reviewed prior to the meeting . The lack of participation
exhibited by Mr. Parks was disturbing to members of the Commission .
Mr. Welker stated that one of the reasons the Commis s ion has nine members is so the
Commission can continue to function if one or two members cannot attend a meeting. It
is when the absence continues for months at a time, with little or no contact from a mem-
ber, that it has become a problem. He reiterated that members frequently have to miss
one or two meetings for good reasons . Mr. Welker also noted that if absence becomes a
problem, and a member is removed the alternate member is available for immediate ap-
pointment.
Discussion ensued. Chairman Waggoner stated that he will contact Mr. Parks to discuss
the issue of unexcused absences , and exhibited lack of interest in the Commission's work
program.
Ms. Lathram noted that staff has presented the Commission with a tentative schedule of
meetings/study sessions -basically every Tuesday evening through the end of the year.
She suggested that it might be beneficial to all members if the meetings and study ses-
sions could be stream-lined so that focus on a project is not bogged down in debate on
any particular facet -height, landscaping , setbacks, and such. She suggested that an
agenda be presented on the topics for consideration in study sessions , and a "goal" or ac-
complishment for that session be clearly indicated. She stated that she felt there must be
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some means to move the meetings along while still addressing important issues. Ms .
Krieger noted that at one of the recent study sessions, Assistant City Attorney Reid made
the comment that it was evident "there is no agreement on this point, let 's move on", and
she thought that this was the way to go -establish that a particular issue is not one every-
one agrees on, and move on to discussion of other points. Ms . Krieger suggested that the
Chair could move the discussion on rather than letting a particular point be belabored.
Ms. Langon noted, for example, that information available from Clarion for the first
study session or two will be "conceptual" and address format -not textual , and the
Commission won't see the document for the initial discussions. Mr. Welker stated that if
he sees a point that he feels is unacceptable -whether it is height , setbacks, or whatever-
he will not back down from discussing this issue, and new drafts of documents had better
reflect changes that the Commission wants . Chairman Waggoner stated he would have to
agree with Mr. Welker that if there is a point that the Commission finds unacceptable it
will have to be discussed in depth.
Ms. Mueller noted that when Clarion w as before the Commission on the MX-TSA docu-
ment , they conducted the review page-by-page ; the Commission members should be able
to go through a document on their own, and note statements , paragraphs , etc. that are of
concern to them. Then those concerns can be addressed during the study session or pub-
lic hearing. Mr. Welker stated that , in his opinion, that particular document was not
ready for review . He reiterated the Commission needs to ha ve in-depth discussion on
such documents. Mr. Welker stated that some members may need to read and reflect on a
document to gain understanding of an issue ; the sooner information can be submitted to
the Commission , the more advantageous it will be .
Ms. Krieger referenced Mr. Welker's statement that he wanted documents the Commis-
sion has discussed ch anged to reflect the concerns; she felt the documents could be
changed during/after the Hearing. Mr. Wi llis stated that it is the responsibility of the
consulting firm, or staff, to listen to and acknowledge the Commission member 's con-
cerns. Ms. Reid stated that the Commission will have to have the document in hand for
the Public Hearing. Staff is going through the document page-b y-page at the present
time.
Discussion ensued. Time limitations for study sessions were discussed. Mr. Willis and
Mr. Schum advocated limiting study session discussions to 1-1/2 hours (7 p.m. to 8:30
p.m.) with an outside adjourn time of 9 p.m.
VIII. COMMISSIONER'S CHOICE
Chairman Waggoner asked members if there were issues they wanted to bring forth for
discussion. Nothing was brought forth for discussion, and the meeting was declared ad-
journed.
• Gertrude G . Welty , Recording Se
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