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HomeMy WebLinkAbout1998-08-04 PZC MINUTES• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION AUGUST 4, 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 the Englewood City Hall , Chairman Douglas presiding. Members present: Rininger, Tobin, Weber, Hayduk, Horner, Lathram, Douglas Simpson, Ex-officio Members absent: Welker, Dummer (with previous notice) Also present: Harold J . Stitt, Senior Planner Nancy Reid , Assistant City Attorney II. APPROVAL OF MINUTES July 7, 1998 Chairman Douglas stated that the Minutes of July 7, 1998 , were to be considered for approval. Tobin moved: Rininger seconded: The Minutes of July 7 , 1998 be approved as written. AYES: NAYS: Tobin , Hayduk, Rininger, Douglas None ABSTAIN : Weber, Horner, Lathram Welker, Dummer ABSENT: The motion carried . m. PLANNED UNIT DEVELOPMENT Newcomer Mortuary 3095 South University Boulevard CASE #PUD-98-01 Mr . Douglas asked for a motion to open the Public Hearing, and that staff present the case . Tobin moved: Homer seconded: AYES : NAYS : ABSTAIN: ABSENT: The Public Hearing on Case #PUD-98-0 I be opened . Weber, Hayduk, Homer, Lathram , Rininger, Tobin , Douglas None None Welker, Dummer The motion carried . Mr. Welker entered the meeting and took his chair with members of the Commission . Harold J . Stitt, Senior Planner, was sworn in. Mr. Stitt testified that the application , filed by Davis Partnership P .C ., Architects , and Ren Newcomer, of Heartland Group of Companies. The application is to rezone the northwest cor- ner of South University Boulevard and East Dartmouth Avenue from R-1-A, Single-family Residence District, to PUD , Planned Unit Development. Mr. Stitt stated that a PUD is composed of a "District Plan", and a "Site Plan ". These plans may be considered separately, or concurrently . The subject site is composed of two parcels: a vacant • 1.03 acre site abutting the Denver City limits, and the 1.35 acre site on which God's Miracle Church is located. The proposed PUD will retain all of the existing R-1-A permitted principal uses, and add "mortuary" as a permitted prin- cipal use. Mr. Stitt emphasized that the "mortuary" will not encompass embalming or body preparation in any man- ner, nor will there be a crematory in conjunction with the mortuary. The proposed mortuary will be a chapel and office development, and will be developed as an addition to the existing church. Mr. Stitt stated that the applicants have worked with staff and have conducted several neighborhood meetings with the residents in an effort to address concerns of the neighborhood . Mr. Homer asked ifthe existing church would cease operation as a church. Mr. Stitt stated that the Heartland Group of Companies will acquire both parcels of land, they will then be combined into one "site'', and he understood the mortuary/office/chapel would be an addition to the existing church . He suggested that the question of continuance as a "church" should be addressed by the applicant. Lynn Moore, Davis Partnership, was sworn in. Ms . Moore testified that the purpose of the Public Hearing is to ask for a zoning change from R-1-A to PUD to allow the mortuary use on the subject site. The proposal will retain all existing R-1-A uses, and will allow only one additional use -that of the mortuary with no embalming or body preparation, and no crematory. The church will undergo some modification and renovation to bring it up to existing code and to make provisions for conduct of funeral services. Ms. Moore displayed a conceptual rendering, indicat- ing that the structural addition to the church will be on the south and west sides, with parking lots on the north and south sides of the site. Ms. Moore discussed the operation of the proposed mortuary , noting that in the Denver mar- ket, a large percentage of the deceased are cremated. There will not be a crematory in conjunction with the pro- posed mortuary , but people will be coming there to make arrangements for disposition of the deceased. Ms. Moore stated that an estimate is that 40% of the visits to the mortuary will be devoted to making arrangements for on-site services; 30% of the visits will be for on-site visitations/viewings; and another 30% will be making arrangements for off-site services. Ms . Moore stated that they project I 00 visits the fust year, with an increase projected to between 200 and 250 visits in subsequent years. Ms . Moore stated that the applicants have worked closely with the NBD staff, and with the neighborhoods for the past six months; there have been three community meetings, and large mailings were done in April and in June to notify the people of those meetings . Ms. Moore stated that the applicant has worked especially closely with the Denver residents immediately to the north . She testified that the submission of the PUD was delayed by the con- centrated effort to work with the residents to resolve the problems and concerns . Ms . Moore stated that the appli- cants have tried to develop a proposal that will be compatible with the character of the surrounding neighborhoods . At the last public meeting, Ms. Moore stated that the general feeling of those in attendance was supportive, and only one or two people vocalized opposition to the proposal. Ms . Moore emphasized that the applicants want to be "good neighbors", and cited several efforts that will be made to increase pedestrian and vehicular safety -such as relocat- ing curb cuts; increased landscaping along all perimeters of the site, with special focus on the northern boundary, which will have almost I 00 feet depth of landscaping between the subject site and the residences to the north. Ms. Moore discussed the development of the parking lots ; these lots will meet all City standards, and will have land- scaped islands within the parking areas . At the present time, the City is installing curb and gutter along East Dart- mouth Avenue, and making provision for a left-tum from eastbound Dartmouth Avenue to northbound University Boulevard. Ms. Moore discussed the drainage and topography of the site, noting that the drainage presently flows from the property west of the subject site onto the subject site and the properties to the north. The development will eliminate all drainage flowing onto the properties to the north ; an earthen, landscaped berm will be constructed to contain the runoff. Ms. Moore stated that the existing church is approximately 6,500 square feet; the proposed addition will be one story in height, and approximately 5,000 or 6,000 square feet in size. Entries to the new chapel and to the existing church will be constructed on the south and west sides of the structure. At least 50% of the total site will remain in open space, landscaping and parking . Ms. Moore referenced an architectural concept, and cited the relocated points of ingress/egress to the site. Ms . Moore emphasized that the curb cuts will conform to the standards of the City Public Works Department. A code analysis of the existing building will be done at the time actual architectural de- sign is done. Ms. Moore stated that Mr. Newcomer is very committed to keeping the adjoining neighborhoods in- formed as the development proceeds, if it is approved . Ms . Moore stated that the proposed use is a low-intensity use -low profile , a quiet, clean use very similar to a typical church ; traffic typically occurs from the hours of 10 a.m. to 2 • • • • • 2 p .m. when most funerals are conducted; and every effort will be made to assure compatibility with surrounding neighborhoods . The proposed development and improvement of the site will benefit the surrounding neighbor- hoods ; Ms . Moore cited the current work on curb and gutter ; sidewalks will be installed along the perimeter of the subject site which will also provide pedestrian safety . The parking lots will be lighted. The applicant is of the opinion that the proposal is very compatible in scale , design , and proposed open space with the surrounding neigh- borhoods . Mr. Homer asked ifthe church will remain. Ms . Moore stated that the church will remain . There will be a shared entrance with the new mortuary chapel. Mr. Weber asked ifthe church would remain under the same management, or would it be under the management of the Newcomer Mortuaries. Ms . Moore stated that Newcomer Mortuaries will own the total site , but will have an agreement with the existing church management for retention of the church on the site . Ms . Lathram asked if fencing is proposed along the west side of the subject site . Ms. Moore responded affirma- tively , and stated that they will also provide new fencin g along the northern boundary of the site. Mr. Weber asked about disposition of three trees along the west boundary of the subject site ; are the y on the subject site , or on the adjoining property. Ms . Moore stated that the trees are on the church property, and will probably have to be removed . Mr. Welker expressed concern about the berm to the north and curving down along South University ; he questioned impact on visibility for those exiting the parking lot on the north side of the church . Ms . Moore stated that the berm is proposed to be four feet in height ; they have taken into account the sight-view triangles at the point of in- gress/egress and do not feel that v isibility is impacted. Mr. Welker stated that it appears , fr om the drawings, that the berm and landscaping infringe on the sight triangle , and that this should not be allowed . Ms . Moore stated that this can be addressed at the time of development, and assured the Commission that the sight triangle will be preserved . Mr. Hayduk asked ifthe church is up to current standards. Ms . Moore stated that the church does not meet current standards ; however, Mr. Newcomer will bring the structure up to code. Ms . Moore stated that there has been discus- sion on whether the steeple will be retained; this has not been determined . A sign package for the mortuary is also under discussion . Mr. Hayduk asked what issues came up during the course of the public meetings. Ms . Moore stated that removal of the church buses which are parked on-site was of primary concern -residents were unanimously opposed to the buses on-site . Drainage onto the properties to the north was also a concern which was raised. Improvement of the general appearance of the site was discussed-the site is generally unattractive at the present time . Compatibility with the visual character of the neighborhood was also an important concern. Ms . Lathram asked about traffic impact on University Boulevard ; how much will the proposed development add to the traffic problems on that street. Ms. Moore reiterated that the majority of funeral services are conducted at non- peak times such as 10 a.m. to 2 p .m.; a traffic study they had done did not indicate a great increase in the amount of traffic using University Boulevard. Mr. Douglas asked about the lighting in the parking lots; where will the light poles be located . Ms . Moore stated the lots will be lighted ; however the lighting will be "down cast" and not intrusive to adjoining properties. Actual loca- tion of the poles has not been determined at this time. All utilities on the site will be placed underground. Possible location of a shed on the site was raised ; Ms. Moore stated that no shed will be located on the site . The height of structures was also discussed ; Mr. Welker suggested that height of existing structures be verified. John Bartelrnay, pastor of God's Miracle Church, was sworn in . Pastor Bartelrnay testified that since the City de- nied approval of a proposed assisted living development on the property just north of the church, the property has been listed with Moore Commercial realtors; they have referred all inquiries regarding the property to him. Pastor Bartelmay stated that inquires ranged from commercial activities to two-story townhomes . Pastor Bartelrnay stated that he has been with this church about four years ; he has tried to clean the premises up and make repairs to the 3 church. Pastor Bartelmay stated that Mr. Newcomer approached him with the idea of a mortuary on the north prop-• erty , and that he told Mr. Newcomer he would pray for them and for what was best for the community. Pastor Bar- telmay related that he was in prayer on another matter when the Lord spoke to him and told him that the church and mortuary chapel should be incorporated into one use . The entire site would be improved by this joined use. He then contacted Mr. Newcomer to discuss the proposal, and emphasized that Mr. Newcomer is now involved because he , Pastor John, asked him to be. The property to the north of the church has been listed at $750 ,000 . The church prop- erty is no longer the Hampden Hills Baptist Church , but is under the ownership of the American Baptist Churches of the Rocky Mountains ; this organization is interested in selling the church site and is not interested in keeping the church there . Pastor Bartelmay stated that he and Mr. Newcomer have agreed that ifthe proposal is approved by the City, that God 's Miracle Church and the mortuary chape l/offices will remain , and will not become just another commercial venture. Pastor Bartelmay stated that it is important to maintain the church as part of his ministry in the community, and that he approached the residents in the neighborhood to discuss the proposal and opportunity to assure that the church does remain . He acknowledged that at fust, man y of the residents were "skeptical", and that many meetings and actions have taken place to reach the point of apply ing for the PUD . Pastor Bartelmay stated that ifthe PUD and subsequent development is not approved, he will be evicted as pastor of the church, the church will be closed, and the property will be vacant and for sale . Pastor Bartelmay stated that there are activities con- ducted in the church besides worship services -including weddings and funerals. He stated that he has seven buses which transports children from all over the community to the site for activities . He stated that he is now actively seeking another location to park the buses because the residents don 't like to see them . He stated that he mows the weeds on the property to the north , and tries to keep the entire premises neat and clean . Pastor Bartelmay discussed improvements that have been made to the sewer sy stem of the church. Pastor Bartelmay stated that he "knows in my heart" this is the right thin g for this property . At th e last community meeting, he stated that the attitude was much more positive than negative. He is in favor of the proposed rezoning to PUD ; ifthe rezoning is not approved he doesn 't think the church will be there after January I , 1999 . Mr . Hayduk asked for clarification of the ownership . Pastor Bartelmay stated that there are now two different own- ers ; Mr. Newcomer will purchase both sites , and combine the two sites into one ownership . Mr. Newcomer has signed a purchase agreement with American Baptist Churches of the Rocky Mountains and with the owners of the • northern parcel. The chapel and offices will be developed by Mr. Newcomer. Pastor Bartelmay also stated that there will be no crematory, and no form of body preparation will take place on-site . Owen Beaver, 3148 South York Street, was sworn in . Mr. Beaver testified that the proposal doesn 't directly affect him . He stated that he has heard the residents immediately adjacent to the site do want the site cleaned up , and the church buses removed . Mr. Beaver stated that he w as concerned about the assisted living proposal of a couple of years ago , but that was not approved by the City . Mr. Beaver stated that he has met Mr. Newcomer; they have been in business for a long time , and this is a family corporation that wants to maintain a good relationship with the neighborhood . Mr. Beaver stated that he knows and likes Pastor John, and that the church serves a good purpose in the community and cited the Pastor 's work with the children . Mr. Beaver stated that the property owner of the northern site wants to sell the property and get their money. He stated that he would like to see closure on this par- ticular site, and in his opinion the proposed mortuary is very compatible with the neighborhood. He agreed that the heaviest period of usage would be from 10 a .m . to 2 p.m . during the day, and most funeral corteges are not typically very large. Mr. Beaver stated that, in his opinion, the proposed development will not impact the neighbors to the north. He stated that the church will also be lost to the community if the proposed PUD is not approved, and other more intense uses will be proposed and possibly developed on the site. Mr. Beaver cited the large townhouse proj- ect at Yale Avenue and South University Boulevard, stating that he did not like this de velopment at all. Mr. Beaver stated that it is his opinion , from discussions he has had with other people , that the American Baptist Churches want to sell the site and get their money, and "they don't care where it comes from ." Mr. Newcomer has said he will pur- chase the site, and reach an agreement to retain the church on site . Mr. Newcomer has also said that he is "willing to fix whatever is reasonable" on the site -drainage problems, landscaping, etc . Mr. Newcomer stated that he is in favor of the proposed rezoning . Fred Tromly, 3104 South Vine Court, was sworn in . Mr. Tromly stated that he has letters from several of his neigh- bors who were unable to attend, and would like permission to read these letters into the record . Mr. Tromly read the following letter into the record : 4 • • • • "3 Aug. 1998 TO: Englewood City Council FROM: J. T. Polhemus 3115 S. York, Englewood I am opposed to ANY commercial development in this area -specifically just north of Dartmouth. The funeral home will congest this area, nationally known as one of the finest residential areas in the U.S . Do Not approve this project. We have been through this battle before, so you should be now understand that any such scheme is wrong. John T . Polhemus Resident of Hampden Hills for 38 years" Assistant City Attorney Reid asked to approach the Chair. Mr. Douglas advised Mr. Tromly that he has been advised by Attorney Reid that the Commission can accept only personal testimony ; to allow the letters to be read into the record would be accepting testimony from someone who has not been sworn in . Mr. Douglas suggested that the letters entrusted to Mr. Tromly be logged in with the Re- cording Secretary. Mr. Tromly stated that he would read his personal letter into the record. "Englewood, Colorado August 3, 1998 Englewood Planning and Zoning Commission And City of Englewood City Council Members 3400 South Elati Englewood, Colorado We oppose the application for the change of zoning on this land just north of God's Miracle Church on University Blvd. We purchased our home at 3104 South Vine Court in the month of June , 1953. We have lived at this address for 45 years which shows that we are pleased with the decision we made. We applaud the decision that this area has remained R-1-A for all of our ownership. Somehow we managed to sur- vive without a funeral home nearby on University Blvd. Thank you members of Planning and Zoning Commission and City Council for maintaining the original zoning of R-1-A over the past years. Hopefully you will consider our thoughts on this matter of the proposed change in zoning . Yours respectfully , Fred and Ruth P. Tromly 3104 South Vine Court Englewood, Colorado 80110 781-4372" Mr. Tromly stated that he questioned the survey referenced by Ms . Moore; he has talked to many of his neighbors, and has not met one person who is in favor of the zoning change. Mr. Tromly discussed the traffic at the South Uni- 5 versity/Dartmouth A venue intersection, noting that to make a left tum onto northbound University one has to sit • through at least two lights; traffic normally travels at least 40 to 45 mph ; there are many youngsters in the neighbor- hood, and he is "scared to death" something is going to happen. Mr. Tromly stated that he has been in real estate business for 50+ years, and did appraisal services for single family, town home developments, etc . for Arapahoe County for a number of years; he stated that he thinks he knows a little bit about zoning. The R-1-A classification is the highest and best use, and the residents of the area want to keep it. If this proposal were made for anywhere else in the City , it might be acceptable . Any change in the R-1-A areas of Englewood is not for the betterment of the City . Mr . Tromly stated that this rezoning and subsequent development will reduce the value of the residential properties in this area. Mr. Tromly stated that there are quite a few people who could not attend the meeting this evening, some because of age , because they are in school , or have kids ' events planned . Mr. Tromly stated that he has heard of no one who has moved away from this area who left with a bad impression of the neighborhood. Mr. Weber asked if Mr. Tromly's main points of concern were increased traffic and lowered property values . Mr. Tromly stated that he is concerned about the need to maintain the R-1-A zoning in Englewood -why bother to have zoning if it is not enforced. Mr. Weber asked Mr. Tromly ifhe had similar reservations when the church was developed . Mr. Tromly stated that he has no problems with the church , and did not oppose the church when it was developed. Mr. Tromly also addressed the issue of notification , noting that the signs posted were illegible from the street, and one or two of them fell over on several occasions . He questioned what the legal size for proper signage is , and noted that the signs could have been better sited . Ms . Tobin asked if anyone had contacted Mr. Tromly about the proposed development to seek his opinion. Mr. Tromly stated he was contacted by no one ; he did , however, discuss the issue with Pastor John . Ben Colkitt, 2350 East Dartmouth, was sworn in . Mr. Colkitt stated that he offices in the Brown Mansion on East Dartmouth A venue, and walks across the street to get to his office . Mr. Colkitt stated that he is a criminal defense • lawyer by profession. He stated that he was not aware that a mortuary was proposed on the site until very recently, and did not receive any notice regarding the issue . Mr. Colkitt stated that he feels the "Southern Hills people" have the right to be informed of the meetings . Mr. Colkitt agreed that the sign posted on South University Boulevard has been down on several occasions, and the sign on Dartmouth A venue has been rain damaged and is not legible . He stated that he questioned whether the Commission is receiving "full community input" at this hearing . Mr. Colkitt then addressed the issue of traffic, stating that he is very concerned about any increase in the volume of traffic. Slaven Elementary School was recently opened to the east of South University Boulevard , and a number of children have to cross this very busy street to get to school. There are many accidents on these streets, and traffic gets se- verely backed up from the congestion. There needs to be more protection for the children going to Slaven, and that any increase in traffic is irresponsible . Mr. Colkitt stated that he has met Pastor John , and understands the needs of the church, and the intent of the development but in his opinion the increased traffic is a problem . Mr. Colkitt stated that any motorcade or procession on University Boulevard will impact traffic flow . He stated that the proposed de- velopment will not impact his business all that much , but his primary concern is as a home owner. Mr. Weber asked if motorcades or funeral processions would have that much impact during the hours of 10 a.m . to 2 p.m. Mr. Colkitt noted that people who are "visiting" mortuaries , either to make arrangements or during "visitation hours", are grieving and are not focused on matters such as driving . Mr. Hayduk noted that funeral processions are usually provided with police escort, and have traffic stopped at inter- sections as the procession passes by . Mr. Colkitt stated that the processions are provided "rent-a-cop" escort serv- ice , and traffic is blocked for a period of time . · Mr. Welker asked how many people maintain offices in the Brown Mansion . Mr. Colkitt suggested possibly half a dozen attorneys, a financial planning group -all who have "occasional clients" visiting on-site. He stated that he thinks the Mansion is fully leased but there may be one vacant suite. He did not know how many parking spaces are provided for employees and clients . 6 • • • • Ms . Tobin asked Mr. Colkitt ifhe felt the value of his home would depreciate ifthe mortuary were to be approved . Mr. Colkitt stated that in all probability, the value would drop. Frank Miner, 3121 South Vine Street, was sworn in. He stated that he moved into his home 54 years ago this month and has appeared before the Planning Commission and City Council on many occasions. Mr. Miner noted that Cin- derella City was first proposed to be constructed in this general northeast Englewood area (Hampden/University); it is now being demolished. The R-1-A Zone District in Englewood is very limited, and he does not want to see money-making operations approved in the R-1-A District. Mr. Miner stated he is also opposed to the proposed de- velopment because of traffic , noting that he sometimes sits through three light changes before he can make a left- turn at Dartmouth and University; sometimes has to sit through two light changes to make a right tum. The traffic on those two streets is "awful" and the proposed development will compound the problem. Mr. Hayduk asked what time of day Mr. Miner has experienced such delays at the Dartmouth/University intersec- tion . Mr. Miner stated it is about 9 a .m. George Bodley, 2300 East Columbia Place, Denver, was sworn in . He stated that his family has owned this home for over 30 years . The subject site is presently zoned R-1-A, single-family residence, which does allow churches as a permitted principal use . The applicant bring forth the proposal for the mortuary does not own the property -only has an option on the land to be exercised when and ifthe rezoning is approved. The church will have to be modified to accommodate the proposed mortuary development, and there will be a "roll in/roll out" garage for loading and unloading bodies and caskets, and two large parking lots. Mr. Bodley cited a history of problems the "good neigh- bors" to the south have inflicted on the neighbors to the north, including drainage problems , weed proliferation, dirt banked against fences which rotted the fences . Mr. Bodley asserted that "if Englewood had done their job right, the people in Denver would not have had to spend so much money" dealing with the drainage issues, mowing weeds and dealing with rotting fences. Mr. Bodley discussed the noise created by the children bused in by Pastor John for their activities, and the "singing" which neighbors to the north hear. Mr. Bodley stated that "neighbors to the south have been told by the Lord to make this a commercial venture", and that people to the north don 't want to deal with piles of dirt, weeds, parking lots, and want to see nice , single-family homes developed. He wants a neighbor to the south who will keep to himself and not have loud gatherings several times a week. Mr. Bodley stated that his mother was injured in an accident at University and Columbia Place, eventually resulting in a total hip replacement. Mr. Hayduk asked Mr. Bodley what he does not like about the site plan . Mr. Bodley stated that the people present- ing the case seem sincere, and have said they will take steps to correct the drainage, remove the piles of dirt and clean up the site . However, mortuaries are not "joyous" places of business, some people believe in spirits, and it does have a negative impact on the neighborhood. Mr. Bodley stated that Pastor John 's music with the kids is "up- beat". While the proposal isn't bad, it is commercialization of the R-1-A District, and he is opposed to this . He suggested that someone could do a nice single-family home on the northern parcel, and do very well on the devel- opment. He reiterated that the applicant does not own the property, but has an option to be exercised if and when the rezoning is approved. Jane Bremers, 2292 East Dartmouth A venue, was sworn in. Ms. Bremers stated that she objects to any change in the R-1-A District, and noted that variances granted for the Brown Mansion to be used for professional offices was the beginning of several attempted variances in the immediate area. She stated that residents along Dartmouth Ave- nue typically access their garages from the street, meaning they have to back into the street. Increased traffic would contribute to a hazardous situation. Sol Tucker, 2204 East Dartmouth Circle , was sworn in . Mr. Tucker asked if the Commission is willing to put something "smack dab in the middle" of this neighborhood . He stated that he likes nothing about this proposal. Franz Hummel, 3070 South Vine, Denver, was sworn in . Mr. Hummell stated that he purchased his home in 1969 , believing that it was in Englewood because he paid property tax to Arapahoe County . Mr. Hummel stated that the mortuary has nothing to do with the church -they are entirely different uses . A mortuary/funeral home is a busi- ness ; as a former businessman he fully understands the broad spectrum of running a business . Mr. Hummel stated that today, America is under assault on everything we hold dear, including peace in our homes. To even consider putting this mortuary in this residential neighborhood is an affront to the neighbors, and he opposes the proposal very strongly. Mr. Hummel stated that he hoped Englewood will show respect for all the residents, including those 7 in Denver which adjoin the subject site . The church is busing in kids to the site -by the pastor 's admission they • have seven buses which they use . Mr. Hummel again urged that the Commission not confuse use of the property by a church and by a mortuary. He noted that when someone buys real estate, and ifthe market goes sour, it's tough luck -the purchaser should not be bailed out at the expense of others. Mr. Douglas declared a brief recess of the Commission. The meeting reconvened at 8:50 p.m. Nancy Flanagan, 2260 East Columbia Place, was sworn in. Ms . Flanagan stated that Mr. Newcomer and Ms. Moore have developed a very attractive plan. However, she is a homeowner in the immediate area, and agrees with her neighbors when they state it is a very dangerous step to change the R-1-A District to allow a commercial use. Ms. Flanagan stated that the owners of the northern parcel have it listed with a commercial realtor rather than a residen- tial realtor -therefore, the realtor is marketing the property only for commercial ventures. There have been no sig- nificant changes in the neighborhood to warrant a change in the zone classification, the only change being a number of years ago when the Brown Mansion was granted a variance to be used for professional offices . Ms. Flanagan addressed the access to the north parking lot from University Boulevard, noting that this will be an uncontrolled access point -dependent only on stop signs and restricted turning movements . She agreed that a great number of the people visiting this site will be bereaved, and not completely focused on driving safely . Ms. Flanagan also noted the number of children in the area and the proximity to Slavin Elementary School. Ms . Flanagan agreed that resi- dents of"Southern Hills" are very underrepresented at this meeting. She asked whether school officials at Slavin Elementary were contacted regarding the proposal and the meeting, and also whether residents of Cherry Hills Vil- lage were notified of the proposal and meeting. She stated that these residents will also be impacted by development of the mortuary . Ms . Flanagan noted the proximity of other mortuaries in the immediate area, citing Bullock Mortu- ary on East Hampden Avenue, Horan and McConaty on South Colorado Boulevard, and another on East Hampden at approximately South Yosemite. She stated that she did not know about the demographics -how many mortuaries per a given population, but it appears that families do have a choice of funeral homes/mortuaries . Ms. Flanagan stated that she understands Pastor John believes this to be a solution to the problem facing his church, but what hap-• pens if Newcomer is not successful at this location. Could this chapel/mortuary/church be sold to another funeral company, and part of that service is embalming, body preparation, and cremation -could that be permitted at this site just by virtue of the sale? Ms. Flanagan asked that the Commission consider whether the tax dollars realized from the zoning change to allow the chapel/mortuary/church will equal or exceed the lost property tax revenue when residential values depreciate because of the zone change. She stated that she would like to be able to live in her home for 30 , 40 , or 50 years, and she leave her children a nice inheritance. Mr. Douglas stated that any change in operation of the mortuary operation, such as embalming, body preparation, or cremation, would require an amendment of the PUD, if it is approved. Ed Berg, 3177 South Vine Court, was sworn in. Mr. Berg presented letters in opposition from his wife, and from himself, for the record . Mr. Berg expressed concern about traffic congestion, and the impact the proposed develop- ment will have . He stated that the Hampden/University intersection is one of the busiest intersections in the metro area, and recalled that two teenagers were killed in an auto accident on University just south of Dartmouth A venue about two years ago. He noted that parking for approximately 100 vehicles on-site is proposed. The price for the north parcel has been cited as $750,000 , plus the amount to purchase the church property. Add to that the cost of the new construction and renovation of the existing church building. Ms. Moore and Mr. Newcomer were figuring on approximately 250 "visits" per year; is this going to be sufficient to service the debt incurred. Mr . Berg stated that the mortuary development is "something totally different from the Brown Mansion"; this rezoning is a "wedge" to open the door to further change. The PUD approval will make this property more valuable for more intensive com- mercial use in the future. Mr. Berg stated that it is misleading to say that the PUD is only for this property -it does impact all of the surrounding neighborhoods, and he urged the Commission to consider the traffic increase that will be generated by this development. Dan Donovan , 370 Willow Wick Circle, Highlands Ranch , was sworn in. Mr. Donovan stated that he is in favor of the proposal. He acknowledged that he does not live in the neighborhood, but does attend Pastor John's church. • Mr. Donovan testified that he is a licensed contractor, and does work throughout the metro area. Mr. Donovan stated that the price on the north parcel has been quoted as $750 ,000; the site does not have water or sewer service, 8 • • • which will be very costly to provide. Mr. Donovan stated that it is not practical or workable to develop this site for single-family purposes . Mr. Donovan stated that he is also familiar with the work done by Davis Partnership Ar- chitects; they do quality plans , and what is presented is what will be constructed. Mr. Donovan stated that he does not personally know any of the architectural representatives present this evening, but has worked on projects de- signed by the firm in the past. Mr. Donovan reiterated that he is not directly impacted because his place of residence is some distance from the subject site . Mr. Donovan stated that traffic in the Denver metro area is a large problem, and will not get any better whether this project is approved or not. Mr. Donovan stated that he doesn 't know how the north parcel could develop inasmuch is it is unworkable for single-family-it will have to be some type of busi- ness use to be financially feasible . Mr. Donovan stated that long before he was aware of this specific proposal , he contacted the realty company, and was told there was an option to purchase on the site . Louise Lana, 2323 East Columbia Place , Denver, was sworn in. Ms. Lana stated that her husband was a builder who helped to develop this area , and at the time of development this area had the second highest number of restrictive covenants in the Denver area; the restrictive covenants helped keep their homes valuable . The church can be sold to a more progressive congregation. When a business is in financial difficulties, it downsizes; adjoining property own- ers , residents , or businessmen are not asked to subsidize or bail out the financially troubled entity . Ms. Lana stated that this is a "cut-rate mortuary", and stated that one of the other Newcomer Mortuaries is located next to a thrift store on West Colfax Avenue . Roche le Luchiore was sworn in , and testified that she lives on East Columbia Place to the north of the development. There is a back porch on the house , with the kitchen door opening onto this porch . This home is completely exposed to the back yard of the Brown Mansion, and will now have the view of the parking lot of this development, if ap- proved, as well as the Mansion parking lot. When the City of Englewood granted the variance to use the Brown Mansion for offices , the surrounding neighborhood was asked to "make the sacrifice" to accommodate the business use in the residential community . The Brown Mansion has impacted the entire neighborhood , and now the residents are being asked to make further sacrifice in their quality of life to accommodate another business development. She addressed the noise level they now experience when the church has the children on-site, noting that the singing and noise can be so loud she cannot speak on the kitchen telephone with the door open. She expressed concern on the safety issues , the noise created by church activities , and the resulting stress on adjoining home owners . She stated that she received a notice of a meeting sometime in February or March , and was out of town . She contacted New- comer stating she would be unable to attend, and asking for infonnation, but never received a response . She was also out of town at the time of the June meeting . She agreed that the wording on the signs posted giving notification of this meeting is much too small to be legible from the right-of-way , and questioned that adequate notice has been given of the hearing . She stated that people directly impacted should receive some sort of mailed notice . Mr. Weber noted that a two-story single-family house could be built within a few feet of the property line common with her ownership ; would she prefer to look at the two-story house versus approximately 155 feet of landscaping and parking lot to the church building line . She stated that she would not be pleased to be viewing a two-story sin- gle-family home in close proximity to the common property line. A resident at 2060 East Eastman A venue was sworn in and testified that the plan, as presented, is beautiful, but what will happen in five to ten years when it is not successful ; can the neighborhood look forward to a 7-Eleven, a thrift store , or some other business venture on this site . The mortuary has no place in this neighborhood . She urged that the Commission think about what will happen when the mortuary doesn 't work -look ahead to the future . Fred Tromly again addressed the Commission , and stated that nothing has been said about the need for an additional mortuary in the area . He stated he knew of no one who approached the mortuary to locate here because of a "need". There is no lack of funeral homes to provide services to the metro area residents . Mr. Tromly also stated that the people who own the north parcel made a bad investment when they purchased the site , and he doesn't feel sorry for them . Mr. Tromly asked that the Commission keep in mind these two issues : Is there need for additional funeral service facilities , and poor investment on the part of the private property owner. Mr. Douglas asked if an y one else wished to speak . No one else indicated they wanted to address the Commission . Tobin moved: Lathram seconded: The Public Hearing be closed. 9 Mr. Stitt asked that the Commission receive, for the record, a letter from Chris Milner and Terry Crowder, 2232 East • Dartmouth Avenue, in support of the proposed rezoning. Mr. Stitt addressed the issue of the Traffic Report, and stated that the report prepared by Kirkham Michael Consult- ing Engineers contains the following conclusions and recommendations: "In conclusion, adequate access currently exists to serve the proposed Newcomer Mortuary/Hampden Hills Baptist Church development. No operational or geometric modifications are required to accommodate the additional traffic projected to be generated by the addition of the mortuary land use to the existing church facility ." Mr. Stitt stated that the City of Englewood is doing some traffic improvements along East Dartmouth A venue, in- cluding installation of curb , gutter, and sidewalk on the north side of East Dartmouth A venue, and is also creating a left-tum lane at the Dartmouth/University intersection . Mr. Stitt suggested that the applicant be given an opportunity to respond to some of the testimony that has been re- ceived . The Commission agreed that Ms. Moore be granted a brief rebuttal. Ms . Moore addressed the expressed concern on notification processes , stating that they complied with the notifica- tion policies set forth by the City . A list of Englewood homeowners within 300 feet of the subject site was obtained from the office of NBD, and letters were sent to those listed . Property owners residing on Columbine Place were also notified . Ms . Moore stated that Mr. Tromly did, in fact , receive an invitation to attend the meetings , and two telephone numbers were listed on the meeting notifications if residents wanted to call for further information. Peo- ple chose , for some reason , to not participate in the community meeting process. Ms . Moore stated that signage was installed in compliance with the specifications obtained from the City ; she acknowledged that three significant rain- storms did impact the legibility of the signs, and that the wind did blow some of the signs over on several occasions ; however, the signs were reinstalled as soon as they were notified . Ms . Moore noted that residents on the north have cited concerns about drainage and safety . Ms . Moore reiterated the commitment of the developer to take care of issues of drainage, removal of dirt banks abutting fences , and to installation of new fencing where needed . Pedes- trian safety will be improved with sidewalks installed along both South University and East Dartmouth Avenue. • Mr. Stitt stated that the notification listing was for those Englewood residents within 500 feet of the subject site. He stated that the office does not have access to the ownership records for the City and County of Denver, and this in- formation was secured by the applicant. The vote on the motion to close the Hearing was called . AYES : NAYS : Welker, Hayduk, Homer, Lathram , Rininger, Tobin, Weber, Douglas None ABSTAIN : None ABSENT: Dummer The motion carried . Mr. Weber stated that the R-1-A regulations allow religious institutions as a permitted principal use ; would a funeral chapel in conjunction with the church still constitute a religious institution. Mr. Stitt noted that churches do conduct funerals as part of their religious service to a community . Religious institutions may conduct a variety of services - weddings, funerals, etc. However, a mortuary is not part of a "religious institution". If Pastor John were to present a proposal to expand the religious facilities to provide funeral services as part of the church, it would be approved . This application is for the non-religious business use of a mortuary in conjunction with an existing church. Mr. Hayduk asked if the mortuary is approved, but is unsuccessful in this location, any change of use would have to come before the Commission. Mr. Welker stated that the site could be developed for single-family in compliance with the R-1-A regulations. Ms . Tobin stated that the issue of "mortuary" must not be confused with a religious ceremony; the mortuary is there • to make money-it is a business . Mr. Welker stated that the church is still allowed to provide funeral services. Ms . Tobin agreed, but reiterated that a mortuary is a business . 10 • • • Homer moved: Welker seconded: The Planning Commission accept staff recommendation to approve the PUD filed by Davis Partnership P.C., Architects, and Heartland Group of Companies, for property at 3095 South University Boulevard, with the caveat that the applicant must own the prop- erty; if, for any reason, the applicant does not get title to the property, said PUD will be- come null and void. This recommended approval shall be forwarded to City Council for favorable consideration. Mr. Hayduk asked what other proposals have been put forward for this property. Mr. Stitt stated that approximately two years ago, an application for a 30 to 40 unit assisted living facility was filed and taken through the hearing proc- ess. There have been a variety of inquiries about "possible" use of the land, but this application is the first in two years to proceed to the hearing process. Mr. Stitt stated that one or two single-family units could be developed on the north parcel insofar as land area is concerned; however, extension of water and sewer service is prohibitive so far as cost is concerned. If more than two units were to be developed on the site, it would require development of a private street, which is strongly discouraged. Mr. Douglas stated that in his opinion, this proposal will clean up a problem property . Mr. Welker commented that the Mansion was relocated at least 10 years ago, and was granted a variance subsequent to its relocation. Ms. Tobin stated that the commission must look at the nature of the development in the area; she is of the opinion that two luxury homes could be developed on the north property . She stressed the need to preserve the existing R-1- A District and not allow business intrusion. Mr. Douglas noted that this north parcel has been vacant for a long time; it is obvious that no one has been able to do anything with it, and many proposals have been made. He stated that, in his opinion, this proposal seems reason- able. It does provide some buffering to the residents to the north, and provides for additional pedestrian safety in the area. Mr. Douglas stated that this is a tough decision for him, because he lives in the general neighborhood . How- ever, he fears some proposal that would be much worse could be approved in the future. He reiterated that this pro- posal does provide open space, and landscaped buffering. Mr. Welker stated that he does not see the mortuary chapel as a large traffic-producer. Whatever traffic is produced will be a very small percentage of the total traffic amount on University and/or Dartmouth Avenue. Mr. Welker noted the hours that most funerals are conducted are not at peak hours . Mr. Douglas agreed that this will not have the impact of an assisted living facility . Mr. Homer stated that he shared concerns about preserving the integrity of the R-1-A District; however, this is add- ing one additional use to the R-1-A list of permitted uses, which addition is applicable only to this specific site. Mr. Rininger stated that the proposal will clean up the property, but noted that it appears residents would rather see the seven buses and weeds. Mr. Rininger suggested that the value of the vacant property will increase, and it could become very valuable for a residential development. Mr. Rininger noted that even though a variance was granted to allow professional office usage in the Brown Mansion, the Mansion itself fit in better with the neighborhood. Ms. Lathram commented that it seemed the residents on Columbia Place will not be happy with anything that is de- veloped on this piece of land. Mr. Douglas noted the wide landscaped area that is proposed, and stated that he thinks this will be maintained. Mr. Welker stated that he does have some concern about the second point of access on South University Boulevard, and asked whether it was definitely needed, or whether the traffic circulation pattern could be reworked to use only the point of access on Dartmouth A venue . Mr. Homer stated that he thinks this is the best proposal he has seen for the site -it makes use of open space and landscaping, and isn't "crowded" . Mr. Rininger asked if this proposal is not approved, whether sidewalks will be put in along the church property . Mr. Stitt stated that he could not answer that. 11 The vote on the motion to approve was called. AYES: NAYS: ABSTAIN: ABSENT : Hayduk, Homer, Lathram, Weber, Welker, Douglas Rininger, Tobin None Dummer The motion carried. Mr. Douglas thanked members of the audience for their attendance and participation in the Hearing process. This matter will be referred to the City Council , which body is also required to hold a Public Hearing. IV. PUBLIC FORUM No one addressed the Commission in this segment of the agenda. V. DIRECTOR'S CHOICE Mr. Simpson welcomed Mr. Hayduk to the Commission . Mr. Simpson asked ifthere was interest on the part of the Commission in participating in the Lakewood Citizens Planning Academy if openings are available. Mr. Rininger indicated interest, but asked that he be notified of the dates. Mr. Simpson provided an up-date on progress on the Cinderella City redevelopment, noting that a public hearing is tentatively scheduled for August 25th. The PUD District Plan and Site Plan are reasonably completed, but work is still progressing on design standards -a vital part of the PUD process . Mr. Welker asked ifthere is any chance the Commission members could see this information prior to the Public Hearing packet. Mr. Simpson indicated that staff will make every effort to get the information to the Commission early on. He suggested that the hearing process may take more than one evening, noting that some special meeting dates will probably be required . Mr. Simpson stated that City Council heard proposals from Lincoln Properties and Forest City for development of the residential sector of the redevelopment project. Lincoln Properties is a local company, and Forest City is head- quarted in California, but has recently opened a local office . Council has directed that negotiations begin with For- est City to design and develop the residential sector. Forest City proposed a minimum of 300 dwelling units , which will be condominium style, but will be a for-lease product, targeting those with incomes of$70,000 to $75 ,000 an- nually . Mr. Douglas asked why the units are proposed for lease /rental. He expressed the opinion that ownership of the units would contribute to the stability and success of the total redevelopment project. He stated that he isn't comfortable with the lease proposal. Mr. Simpson addressed Mr. Douglas 's concerns, noting that in this particular location, the lease option seems desirable . Condominiums are constructed and sold based on "demand", and it could take several years to build out for the condominium market. This could leave a "hole'' in the project. The leased units would be constructed up-front; typically , the tenant will be those who choose not to buy because of their life-style. Mr. Simp- son reiterated that City Council did direct that negotiations proceed with Forest City . The portion of the redevelop- ment project will have small retail areas on the ground level, with residential units on the upper levels; Ms . Tobin stated that she has heard concerns about the width of streets going to the former Foley 's building ; people are concerned about narrow streets . Mr. Simpson stated that there will be several points of access to and through the redevelopment site. The proposal is to have two lanes of parallel parking, trees , sidewalks , and three travel lanes - one in each direction with a turning lane. Mr. Simpson acknowledged that the traffic will be slowed, but it is not the • • intent to speed traffic through the redevelopment site -rather to encourage slower travel, encourage people to park • and shop. Mr. Simpson stated that City Council will receive a major update on overall progress of the project on 12 • Monday evening, August 10th, at 6:00 P.M . This is open to the public , and members of the Commission are wel- come to attend . Mr. Simpson stated that interior demolition is beginning, and asbestos removal is continuing . A demolition party is scheduled for August 18th, and members of the Commission are invited to attend. Mr. Simpson stated it is with regret we bid farewell to Wes Homer, who is moving out of town and has thus ten- dered his resignation . He advised that following the conclusion of the meeting, some refreshments will be served. Mr. Simpson stated that Mr. Homer has been a pleasure for the staff to work with , and has been a very valuable member of the Commission. Members of the Commission echoed Mr. Simpson 's sentiments. Mr. Homer stated that the hardest part of his move is having to resign from the Planning Commission. VTI. ATTORNEY'S CHOICE Ms. Reid had nothing to bring before the Commission . VIII. COMMISSIONER'S CHOICE Ms. Tobin inquired whether staff has found any infonnation on the "social club" she brought to their attention . Mr. Stitt stated that has not heard back from Code Enforcement. IX ADJOURN The meeting adjourned at l 0 : 15 p.m. Refreshments followed . • ~~~.:±1: • 13