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HomeMy WebLinkAbout1996-10-22 PZC MINUTES• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION OCTOBER 22, 1996 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 Mason presiding. Members present: Garrett, Redpath, Tobin, Douglas, Welker, Mason Members absent: Dummer, Homer, Weber Also present: Harold J. Stitt, Planning Community Coordinator Dan Brotzman, City Attorney II. APPROVAL OF MINUTES. October 8, 1996 Chairman Mason stated that the Minutes of October 8, 1996 were to be considered for ap- proval. Tobin moved: Douglas seconded: The Minutes of October 8, 1996 be approved as written. AYES : NAYS: ABSTAIN: ABSENT : Tobin , Douglas None Garrett, Redpath, Welker, Mason Homer, Weber, Dummer The motion carried. III. ENGLEWOOD MERIDIAN 3455 South Corona Street CASE #PUD-96-02 Mr. Mason stated that the issue before the Commission is a request for rezoning from R-3 , High Density Residence, to Planned Unit Development for the Englewood Meridian at 3455 South Corona Street. He asked for a motion to open the Public Hearing, and that staff make their presentation. Redpath moved: Tobin seconded: The Public Hearing on PUD-96-02 be opened . 1 AYES: NAYS: ABSTAIN: ABSENT : Garrett , Redpath , Tobin, Douglas , Welker, Mason None None Horner, Weber , Dummer The motion carried. Mr. Stitt was sworn in , and testified that the application was filed by Englewood Meridian, LLP. The Englewood Meridian is a developed site between East Hampden A venue and East Girard .Avenue , South Emerson Street and South Corona Street. The development of senior housing was initially comprised of 229 cooperative dwelling units, and was called Swedish- Corona. Planning for this development began in the late 1970 's -early 1980's, at which time the R-3 Zone District allowed a density bonus for land assemblage , with a cap of no more than 70 units per acre. Construction actually commenced in 1985 . The R-3 Zone District was amended in the mid 1980 's ; the amendment eliminated the density bonus provision, and limited the density to 40 units per acre , thus making the cooperative housing development non- conforming by virtue of exceeding the maximum allowed density. Mr . Stitt stated that LeGan, Inc ., acquired the property in 1988 , renamed the development "Englewood Meridian", and modified the unit mix by converting one or possibly two floors of the development to provide nursing care for residents of the complex. • Mr. Stitt stated that normal options that could be pursued would include a variance; however, there is a provision that the Board of Adjustment may not grant variances which would in-• crease density in any residential zone district. The other option is that which is before the Commission: rezoning from R-3 to PUD for this particular site . This process will allow the undei;-lying multi-family development , plus allow the increased density of 50 dwelling units per acre. Mr. Stitt stated that the PUD District Plan will be identical to the existing R-3 Zone Dis- trict. The PUD Site Plan reflects the existing development -no changes in landscaping , no modification of the structure is proposed, no change in any physical facet of the existing devel- opment. Mr . Redpath asked of City Attorney Brotzman what the Commission can do in this issue. Mr. Brotzman stated that the request is for a change of zoning from R-3, High Density Residence , to Planned Unit Development -the Commission will be recommending a change of zone clas- sification pertaining only to this site. Mr. Douglas asked who is the actual applicant ; the application form indicates Michael Noda in one location, but Englewood Meridian, LLP in another. Mr . Stitt stated that Mr. Noda is the architect representing LeGan, Inc., and the actual applicant is Englewood Meridian, LLP. Mr. Mason asked why the City decided to restrict the density in the R-3 District to 40 units per acre . Mr. Stitt suggested that 40 units per acre is fairly standard, and is rooted in Englewood as far back as 1963 at least. Discussion ensued. 2 • • • • Mr. Ralph Nagel was sworn in. Mr. Nagel testified that he is president of LeGan, Inc., a gen- eral partner of Englewood Meridian, LLP. The only purpose of the application is to bring the development into compliance with the Comprehensive Zoning Ordinance, and eliminate the non-conforming status . Mr. Nagel asked for favorable consideration from the Commission, emphasizing there will be no changes on the property . Mr. Redpath noted it has been stated that this was designed as a "cooperative"; has this coop- erative been dissolved? Mr. Nagel stated that there were 70 members of the cooperative re- siding on the property when LeGan acquired it; their interests were bought out by LeGan, but they have continued residence as "tenants". The units are now all rental units, with some nursing services provided on specific floors. Ms. Tobin asked for expansion on concerns of adjacent property owners voiced at the neigh- borhood meeting. Mr . Nagel stated that some of the adjacent property owners also have R-3 zoning on their property , and were concerned that the PUD would apply to them, also. It was clarified for those property owners that the PUD zoning applies only to the Englewood Merid- ian property . Mr. Mason commented that approval of the PUD would prohibit conversion to business activi- ties; are the nursing floors still in effect, or will they be expanded. Mr. Stitt noted that the ap- plication, and descriptive statement on the District and Site Plans submitted, state that it is "senior housing", and not a "nursing home". Mr. Nagel stated that the residents have a "country store " within the complex , and they receive pharmacy products, but there is no sell- ing from the premises. No public business activities are proposed or contemplated. Mr . Welker asked if the PUD plans are recorded, and will a signature block be included as part of the District and Site plans . Mr. Stitt answered in the affirmative . Mr. Garrett noted the statement from Public Works regarding upgrading the concrete curb, gutter and sidewalk on East Girard Avenue, and asked if this something that should be in- cluded as a condition on the approval of the PUD . Mr. Nagel stated that he does not know the details on this requested upgrading , and noted that the concrete work was brought up to code in 1991. He reiterated he does not know what this requirement is . Mr . Stitt stated that he could not elaborate on the Public Works statement; this is a direct quote from a memorandum from Public Works. Mr . Stitt noted that the Commission may , at their discretion, include this statement as a condition of approval. He did point out that the City can also accomplish the concrete improvements by way of inclusion in a concrete utility district, or in a paving district. Mr. Nagel reiterated need for clarification on the requirements of Public Works, and again stated that concrete improvements have been made since their acquisition of the property in 3 1986. Mr. Stitt suggested that Public Works be required to provide the applicant with specifics • on the upgrading required. Brief discussion ensued. Garrett moved: Douglas seconded: The Public Hearing on Case #PUD-96-02 be closed. AYES: NAYS: ABSTAIN: ABSENT: Redpath, Tobin , Douglas , Garrett , Welker , Mason None None Homer, Weber , Dummer The motion carried. Mr. Mason asked for a motion for discussion. Garrett moved: Tobin seconded: The Planning Commission recommend to City Council that Case #PUD- 96-02, be approved. The maximum density of 50 units per acre will be allowed for Englewood Meridian, 3455 South Corona Street. Brief discussion ensued. Douglas moved: Redpath seconded: A condition be imposed on the approval of Case #PUD-96-02, to require that "all concrete curb, gtitter and sidewalk on the East Girard A venue side of the property be brought up to current City standards" as required by Public Works Department. Mr. Garrett stated he would rather not see this imposed as a "condition of approval" but have a separate motion requiring clarification for the benefit of the applicant and the City Council. Mr. Welker agreed with Mr . Garrett 's suggestion. Further brief discussion ensued . Mr. Mason called for the vote on the motion to amend the original motion to require improve- ment of concrete curb, gutter, and sidewalk as a condition of approval. AYES: NAYS: ABSTAIN: ABSENT : Douglas , Redpath Tobin , Garrett , Welker , Mason None Weber , Dummer , Homer The motion failed. The issue of concrete improvements was discussed at length. 4 • • • • • Redpath moved: Tobin seconded: Public Works is asked to clarify improvements they determine are re- quired for the concrete curb , gutter and sidewalk along East Girard Ave- nue , and to transmit this clarification to the applicant and staff. Fur- thermore, at such time as this issue is before City Council for Public Hearing, Public Works be asked to address the concrete improvement, and a condition may be imposed on the applicant by City Council at that time. The vote on the proposed amendment was called: AYES: NAYS: ABSTAIN: ABSENT: Douglas, Garrett, Redpath, Tobin, Welker, Mason None None Dummer, Horner, Weber The motion carried. Mr. Mason then called for the motion to recommend approval, as amended: Garrett moved: Tobin seconded: The Planning Commission recommend to City Council that Case #PUD- 96-02, be approved. The maximum density of 50 units per acre will be allowed for Englewood Meridian, 3455 South Corona Street. The Planning Commission further recommended that the Public Works Department clarify improvements needed for the concrete curb, gutter and sidewalk along East Girard Avenue , and to transmit this clarification to the applicant and staff and that City Council consider making the con- crete repair or replacement a condition of approval of the PUD if, in the opinion of the Council, these repairs were warranted . AYES: NAYS : Redpath, Tobin, Douglas, Garrett, Welker, Mason None ABSTAIN: None ABSENT: Weber, Dummer, Horner \ The motion carried. Mr. Stitt presented copies of the Certification of Posting to the Chairman, which had been given to him by applicant Nagel. Mr. Mason had previously been given a copy of the Notice of Public Hearing, published in the Englewood Herald on October 10 , 1996 . IV. BROOKRIDGE SHOPPING CENTER PUD to allow mini-storage units in B-2 5 CASE #PUD-96-01 .... Chairman Mason stated that the Findings of Fact for Case #PUD-96-01 were to be considered • for approval. Douglas moved: Tobin seconded : The Findings of Fact for Case #PUD-96-01 be approved as written. AYES: NAYS : ABSTAIN: ABSENT: Tobin , Douglas None Garrett , Redpath , Welker , Mason Dummer, Horner, Weber The motion carried. V. PUBLIC FORUM. No one was present to address the Commission. VI. DIRECTOR'S CHOICE. / Mr. Stitt noted that the meeting scheduled for November 5 will be canceled because of Elec- tion Day. Mr. Stitt stated that the agenda for the November 19th meeting will be full, with several issues before the Commission for public hearing/discussion. Members were asked to mark their cal- endars that their attendance is important. Mr. Stitt noted that the meetings on December will also be busy meetings (December 3 and 17); staff is anticipating public hearings on the PUD for the redevelopment of Cinderella City. VII. COMMISSIONER'S CHOICE. Ms. Tobin asked that her presentation on the Transportation Seminar be rescheduled for a later meeting. There being no further business to come before the Commission, the meeting was declared adjourned. 6 • •