Loading...
HomeMy WebLinkAbout1998-06-16 PZC MINUTES• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION June 16, 1998 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 Englewood City Hall, Chairman Douglas presiding. Members present: Rininger, Tobin, Welker, Dummer, Homer, Douglas Members absent: Weber (with previous notice); Lathram (with previous notice) Secretary 's Note: One vacancy Also present: Harold Stitt, Planning Coordinator Brad Denning, Planning Analyst Nancy Reid , Assistant City Attorney II. APPROVAL OF MINUTES June 2 , 1998 Chairman Douglas stated that the Minutes of June 2, 1998, were to be considered for approval. Tobin moved: Homer seconded: AYES: NAYS: ABSTAIN : ABSENT: The Minutes of June 2 , 1998 be approved as written. Tobin , Welker, Dummer, Homer, Rininger, Douglas None None Lathram, Weber The motion carried. III. CONDITIONAL USE Daycare Home in R-1-A 2800 South Clarkson Circle CASE #CU-98-02 Mr. Douglas stated that this is a Public Hearing to consider a Daycare Home in the R-1-A Zone District. Homer moved: Tobin seconded: The Public Hearing on Case CU-98-02 be opened. AYES : NAYS: ABSTAIN : ABSENT : Welker, Dummer, Homer, Rininger, Tobin, Douglas None None Weber, Lathram The motion carried. Parameters for conduct of the Hearing were established, and staff was asked to present the case . Secretary's note: Notice of the Public Hearing was published in the Englewood Herald on May 29, 1998 . Brad Denning, Planning Analyst, was sworn in. Mr. Denning testified that daycare homes are a Conditional Use in the R-1-A Zone District, and approval can be granted only after the Public Hearing process. Mr. Denning reviewed criteria that was established to provide guidelines to the Commission when considering daycare homes. This criteria addresses issues such as the date the daycare home was first licensed ; daycare use conditions; traffic conges- tion/parking ; noise generation ; notification of neighborhood; and conditions for revocation of the Conditional Use permit. Mr. Denning stated that the applicant, Cheryl Wolkensdorfer, has provided daycare in her home for nearly 20 years, and there is no record of violations on file with the City . Ms. Wolkensdorfer has met all the established criteria, and in fact exceeded the boundaries established for notification of neighbors. Mr. Denning stated that the applicant is in attendance. Cheryl Wolkensdorfer, 2800 South Clarkson Circle, was sworn in. Ms. Wolkensdorfer stated that she has had no complaints filed against her ; she is licensed to provide care for up to eight children, but at the present time is pro- viding care for only six children ranging in age from 2 years to 10 years. Her hours are 7 a.m. to 6 p .m., Monday through Friday. Ms. Wolkensdorfer stated that she would like approval from the Commission to continue to provide daycare in her home. Mr. Douglas asked if anyone else in the audience wished to address the Commission. No one else addressed the Commission. Tobin moved: Welker seconded : AYES : NAYS: ABSTAIN: ABSENT: The Public Hearing on Case #CU-98-02 be closed . Dummer, Homer, Rininger, Tobin, Welker, Douglas None None Lathram , Weber The motion carried . Mr. Douglas asked the pleasure of the Commission . Homer moved: Dummer seconded: The Planning Commission approve the Conditional Use application of Cheryl Wolkens- dorfer to operate a daycare home at 2800 South Clarkson Circle. AYES : NAYS: ABSTAIN : ABSENT: Horner, Rininger, Tobin, Welker, Dummer, Douglas None None Lathram, Weber The motion carried. IV. RIGHT-OF-WAY VACATION 1400-1500 block of West Radcliff Avenue CASE #V AC-98-01 Mr. Stitt stated that the request to vacate right-of-way on West Radcliff Avenue is not a Public Hearing, and while interested parties are in attendance and may speak to the Commission, no "testimony" is taken . He emphasized that the Commission does have an opportunity to discuss the issue with staff and with the applicants , but it is not a Pub- lic Hearing. Mr. Stitt stated that all requests for vacation of right-of-way or easements is referred to all agencies and departments who may have interest in the case: this includes, but is not limited to, Public Service, U.S. West, cable providers, Englewood Utilities Department, and other City departments that may have an interest in the site. The request is considered by the Planning Commission, and upon favorable recommendation is then taken to City Council for final action of approval or denial. 2 J • • • • • • The request, filed by Rosetta Angle, Nancy Shields, and Charles Renaud , pertains to the 1400 and 1500 blocks of West Radcliff Avenue between South Navajo Street and South Windermere Street. Mr. Renaud owns the property on the north side of the subject right-of-way, and Ms . Angle and Ms . Shields own the property on the south side of the right-of-way. The right-of-way is , at this time , unimproved; the vacation would remove this right-of-way from City control although an utility easement for the full length and width of the right-of-way would be retained. The vacation would release the City of responsibility to improve and maintain this right-of-way ; the land would revert to adjoining property owners for limited usage, and would be placed on the tax rolls. Mr. Stitt stated that use of this right-of-way , if vacated, would be very limited -no permanent construction is allowed across easements , but the land may be used for limited storage of materials . Access to the easement must be maintained . Mr. Stitt referenced a site map included with the staff report, noting that Lot 7 on the south side of the proposed va- cation will be landlocked unless and until Ms . Angle and Ms. Shields take steps to combine Lot 7 with Lot 10 of the Angle Subdivision . This combination of lots can be accomplished by a Minor Subdivision process, and access will be provided from South Windermere Street. Mr. Stitt stressed that Lots 3 , 4 , 5, 6, 7, 8, 9, and 10 are all owned by Ms. Angle and Ms . Shields. Mr. Stitt stated that ifthe Commission does recommend vacation of the right-of-way on West Radcliff Avenue, the recommendation will not be forwarded to City Council unless and until the application for combination of Lots 7 and 10 has been submitted by Ms. Angle and Ms. Shields . He estimated that the applica- tion for the Minor Subdivision will be submitted within the next two weeks . Ms. Tobin asked what benefit this right-of-way vacation will be to the City . Mr. Stitt reiterated that the vacation, if approved, will remove control of this property from the City of Englewood, eliminate the need for improvement and maintenance by the City, and will return the property to the tax rolls . The right-of-way is not needed, as access to the adjoining properties is via either South Navajo Street or South Windermere Street. Mr. Homer asked ifthe applicants will be asked to continue the curb across the vacated portion . Mr. Stitt stated that this issue has been considered, and that access to the vacated right-of-way must be maintained to provide for service of the utility lines located within this right-of-way. He reiterated that an easement the full length and width of the right-of-way will be retained by the City . Mr. Douglas asked if Condition # l, as cited in the staff report, meet the needs of the Utilities Department. Mr. Stitt stated that he has talked to Utilities Department staff; they were initially opposed to the requested vacation, but have stated that if they can be guaranteed access to the easement they will agree to the vacation. Mr. Rininger asked if the adjoining property owners could put a fence down the center of the vacated right-of-way. Mr. Stitt suggested that the adjoining property owners might more readily address the proposed use of the right-of- way; he reiterated that no "permanent" structure can be placed in the easement. Brief discussion ensued . Mr. Rininger stated, for the record , that he had recently engaged Angle Tree to do some work on trees on his prop- erty; does the legal advisor see any conflict with his participation on this case . Ms . Reid asked if Mr. Rininger's experience with the services provided would have any influence -positively or negatively -on his vote . If the an- swer is no , there is no conflict in his participating in the discussion and vote . Mr. Douglas asked if the applicant wished to address the Commission . Barry Shields displayed a surveyor's drawing of the Minor Subdivision -combination of Lots 7 and 10 -for the Commission. He stated that Angle Tree will use the vacated right-of-way only for private access; they have no plans to develop the site in any way . They are willing to work with the Utilities Department and install gates on both ends of the right-of-way so that access may be provided . Mr. Shields stated that it would be very costly for Angle Tree and for Mr. Renaud to pay for the paving, curb and gutter that will be required if this property were to be included in an improvement district. The vacation of the right-of-way will save the adjoining property owners money, as well as save the City money for maintenance of the right-of-way . Mr. Homer, noting that the property will go back on the tax rolls , asked why the adjoining property owners would be willing to pay taxes on property they can use now for nothing. Mr. Shields stated that if the City improves the 3 street, another 18 feet will be taken from their property to meet the right-of-way/roadway widths specified for in- dustrial streets ; the street is not used at the present time , and serves only those properties immediately abutting the right-of-way. He stated that the Denver Water Board has a large water line in this street, as well as Englewood utilities being in the street. Mr. Stitt stated that the Denver Water line is either 36" or 72" -records are not clear; there is an 8" Englewood wa- ter main , and an 8" South Englewood Sanitation District sewer main are within this right-of-way ; thus , the reason for retaining an easement for the full width and length of the proposed vacation. Brief discussion ensued. Welker moved : Tobin seconded : The Planning Commission recommend to City Council that the right-of-way in the 1400-1500 blocks of West Radcliff Avenue be vacated, provided the following conditions are met: 1) A 60-foot easement for the existing water and sewer lines shall be granted, and shall be maintained so that free access to these lines is available at all times; 2) The administrative minor resubdivision of Lots 7 and l 0, Angle Subdivision, shall be completed before the proposed vacation will be forwarded to City Council for final ac- tion . Brief discussion ensued. The vote was called. AYES: NAYS : ABSTAIN: ABSENT: Rininger, Tobin , Welker, Dummer, Homer, Douglas None None Lathram , Weber The motion carried. v. RIGHT-OF-WAY VACATION 1800 Block West Cornell Avenue CASE #V AC-98-03 Mr. Stitt stated that this request is to vacate a small triangular piece of West Cornell Avenue just to the east of South Shoshone Street. This property abuts the railroad line on the south and east; there is also a change in the topography of the area, and the Denver/Englewood boundary line is also the east line of the subject site . It would be almost im- possible to extend West Cornell Avenue east of South Shoshone Street because of the aforementioned topographical change and railroad lines . The request for vacation was submitted to various City Departments, and Public Works and Utilities Departments both request that an easement be retained for the entire site, and that all manholes shall be maintained uncovered at the same level as the surrounding ground, and must be easily accessible for sewer flushing operations . Landscaping shall not interfere with access or maintenance. Mr. Stitt stated that he understands the ap- plicant intends to use this parcel to provide some landscaping and off-street parking; no pennanent structure can be erected on the property. Mr. Phil Grimm , property owner, addressed the Commission. Mr. Grimm stated that this site has been used as a "dumping ground" and if he has control of the site , he will get it cleaned and improved with landscaping and park- ing . Mr . Grimm discussed the drainage of the general area, which flows to this site ; he discussed the landscaping he proposes to install which should be of assistance in lessening the drainage impact. Mr. Grimm stated that he will work with the Utilities Department and Public Works to resolve the drainage and clean up the site . Ms . Tobin commended Mr. Grimm on his schem'atic drawing, which indicates landscaping and rock beds on the proposed site ; she finds this helpful. Brief discussion ensued . Homer moved: Rininger seconded : The Planning Commission recommend to City Council that the portion of West Cornell A venue east of South Shoshone Street be vacated, with the following conditions: l) A general utility easement shall be retained which reflects the original right-of- way ; 4 • • • j I • • • 2) All manholes must be maintained uncovered at the same level as the surround- ing grade and easily accessible for utility maintenance operations . AYES: NAYS: ABSTAIN: ABSENT: Rininger, Tobin , Welker, Dummer, Homer, Douglas None None Weber, Lathram The motion carried. VI. VACATION OF UTILITY EASEMENT Lots 1 -3, Belle Isle Gardens , 2nd Filing CASE #V AC-98-02 Mr. Stitt stated. that this request is to vacate an eight foot utility easement which runs along the south side of Lots 1, 2, and 3, Belle Isle Gardens , 2"d Filing . Mr. Stitt noted that the "reverse S" connection from South Windermere Street to South Navajo Street severely impacted this property, and indicated the alignment of the street right-of-way across the site . To compound development challenges, Lot 1 has a "vision triangle " imposed by the Traffic Divi- sion , which inhibits placement of structures and, indeed, height and type of landscaping which may be planted. Va- cation of the eight foot utility easement will allow construction of a structure across the southern portion of Lots 2 and 3, and allow this construction to be at the lot line. Mr. Stitt stated that the applicant did contact all of the various utility companies to discuss the proposed vacation, and obtained letters of agreement. Mr. Stitt stated that he also contacted the utility companies to verify that they do, in fact, have no objection to the requested vacation. Mr. Stitt stated that the requested vacation, if approved , will not add any more land to the ownership; it will, however, allow the property owner to extend a proposed building south to the property line. Utilities can be provided by means other than from this easement. Ms. Tobin asked if the property owner was reimbursed for the land lost to the street realignment. Mr. Stitt stated that reimbursement was made; the amount was determined through condemnation proceedings. Mr. Stitt reiterated that any development on the lot is quite restricted because of the street realignment, the vision triangle requirements, and the easement. Mr. Dummer asked where the utility service would come from. Mr. Stitt stated that utility service will have to be from the street. Brief discussion ensued . Homer moved: Dummer seconded: The Planning Commission recommend to City Council that the eight foot utility easement on the south side of Lots 1, 2, and 3, Belle Isle Gardens Subdivision, 2nd Filing, be va- cated. AYES : NAYS : Tobin, Welker, Dummer, Homer, Rininger, Douglas None ABSTAIN : None ABSENT: Weber, Lathram The motion carried. VII. PUBLIC FORUM No one was present to address the Commission . VIII. DIRECTOR'S CHOICE Mr. Stitt stated that reservations have been for Ms . Tobin, Messrs. Douglas, Rininger, and Welker, to attend the DRCOG Planning Commissioner's Workshop , to be held June 27 , 1998, at the Arvada Center for the Arts and Hu- manities . 5 Mr. Stitt stated that the fust "Tent Talk" of 1998 is scheduled for June 18 at Cushing Park, beginning at 6 p.m. Members of the Commission are invited to attend. Mr. Stitt stated that a follow-up meeting with members of the North Englewood community is scheduled for June 17, at 7 :00 P .M ., in the Community Room of Englewood City Hall. The main topic of discussion will be traffic is- sues , not only through this neighborhood itself, but also as it may relate to the Cinderella City development. Mem- bers of the Commission are invited to attend. Mr. Horner asked about progress on Cinderella City. Mr. Stitt stated that the Public Hearing is tentatively scheduled for July 21. He stated that he understood the conceptual plan for the redevelopment has changed since the discus- sion with the Commission two weeks ago. Mr. Stitt stated that staff, consultants, and the developer have discussed the main points for the PUD . Brief discussion ensued . IX. ATTORNEY'S CHOICE Ms . Reid stated she had nothing to bring before the Commission. X. COMMISSIONER'S CHOICE Ms . Tobin stated that she is proud of the work of this Planning Commission ; she stated that when she was initially appointed to the Commission, she felt that a lot of agreements and determinations were made outside the setting of Commission meetings . She does not have that opinion now, and likes the questions /discussions that are generated by the membership . Mr. Horner asked what was on the agenda for the next meeting. Recording Secretary Welty stated that the five year capital improvement plan is scheduled for the July 7th agenda . • Mr. Douglas asked if, during the course of the Cinderella City redevelopment project, the intersection at South Cherokee and Englewood Parkway will be improved. He recalled that some funds have been included in the CIP in • previous years for these improvements, but nothing has been done . Mr. Stitt discussed the design of the Parkway and that intersection , noting that original proposals in the early to mid-l 980's had been to develop the Englewood Marketplace as the civic center, with City Hall, Library and hotel facilities in close proximity to existing, and en- hanced, water features . However, it was soon determined that this site was too small to accommodate this proposal but the street and intersection were not redesigned when the development proposal changed .. He stated that Girard Avenue will be straightened and moved south a little bit to give a direct alignment to the former Foley 's building which will become the civic center. Further brief discussion ensued. There was nothing further brought before the Commission for discussion. The meeting was adjourned. - "'Gertrude G. Welty , Recording Secretary f:\dept\n bd\group\boards\planco mm\minutes 98 \pcm 06-98b .doc 6 •