HomeMy WebLinkAbout1972-01-04 PZC MINUTESI
I
. .
I
I. CALL TO ORDER.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
January 4, 1972
Page 1385
The Regular Meeting of the City Planning .and Zoning Commission was called to order at
8:00 P.M. by Chairman Carlson.
Members present: Lentsch; Barton; Mosbarger; Robins; Brown; Weist; Vobejda
Supinger, Ex-officio
Members absent: Henning
Also present: Assistant Director of Community Development Romans;
City Attorney Berardini
II. APPROVAL OF MINUTES.
Chairman Carlson stated the Minutes of December 7, 1971, were to be considered for approval.
Lentsch moved:
Mosbarger seconded: The Minutes of December 7, 1971, be approved as written.
The motion carried.
III. ALLEY VACATION CASE #1-72
Block 6, Premier Addition
Mr. Carlson asked Community Development Director Supinger for a summary of the request.
Mr. Supinger stated the request is for vacation of a porti6n of the alley in the 3400 block
between South Lincoln Street and South Sherman Street. Mr. Supinger stated that the ap-
plicants, Offices, Ltd., have option to purchase Lots 6, 7, 8, 17 and 18, Block 6, Premier
Addition. There is 72.5 foot frontage on South Lincoln Street and 47.5 foot frontage on
South Sherman Street in the properties under option by Offices, Ltd. Mr. Supinger stated
the request for vacation is for the portion of the alley adjacent to the aforementioned
lots, and the applicants also suggest that the remainder of the alley be considered for
vacation. Mr. Supinger stated that letters notifying adjacent property owners of the re-
quest were sent by the staff; no objections to the request have been received by the office.
Mr. Carlson asked the applicants to present their case.
Mr. Harry Car.leno, representing applicants and property owners, stated that at the time the
request was filed, it was tor vacation of that portion of the alley adjacent to the lots tre
applicants have under option. They would now request that the alley abutting Lot 19, Block
6, Premier Addition, also be included in the requested vacation.
Mrs. Henning entered and took her chair with the Commission.
Mr. Carleno stated that Mr. Watson, owner of Lot 19, has no objection to the vacation of
the alley. Mr. Carlena sta.ted he had discussed vacation of the entire alley with Mr. C. A.
Parker, property owner, and Mr. Pirker has indicated he would be opposed to vacation of the
entire alley; he needs access to the ~ear of his property fronting on East Girard Avenue,
which access is provided by the alley.
Mr. Carleno noted that Lot 19, Block 6, Premier Addition, is not under option by Offices ,
Ltd.; he again asked that the alley abutting this Lot be included in the request for vacation.
Mr. Carlson asked if there were utility lines in the alley? Mr. Supinger stated that all
utility departments and companies were notified of the request, and there is no objection
to the request, subject to retention of adequate easements to service existing utilities.
Mr . C. A. Parker stated he felt the requested vacation, if granted, would ruin access patterns
for the subject block, and that it would detract from the value of the property. He suggested
that possibly there should be consideration given to obtaining dedication of the alley south
of Lots 8 and 17, Block 6, Premier Addition. Mr. Parker noted that an "undedicated accessway"
across the Hagge property south of Lots 8 and 17 has been used for 19 +/-years.
Mr. Parker stated he personally has no objection to the vacation of the portion of the alley
abutting Lo~s 6, 7, 8, 17, 18 and 19, Block 6, Premier Addition, even though he considers
such action "poor planning" .
Mr. Carlena stated he discussed the request with Mr. Sneli, property owner to the south of
the Hagge property, and that Mr. Snell has no objection to the alley vacation request. Mr.
Snell reportedly stated that tenants of his apartment house at 3458-70 South Lincoln do not
use the north /south alley for access to the parking area at the rear of the apartment house,
but use an east /west alley running west from South Sherman Street just north of the Safeway
Store.
Mr. Robins asked the necessity of vacating the alley? Mr. Robins pointed out that there is
a sewer line and other utilities in the alley.
Mr. Carlson asked the applicants what development is proposed for the property, and if a
structure is proposed over the alley? Mr. Oliver Giseburt, applicant, stated that the alley
area would be used for parking for a proposed five-story office building. Mr. Giseburt
stated he had discussed the proposal with the staff of the Utilities Department, and has been
assured there will be no problem with the alley vacation so long as no structure is placed
in the alley area. Discussion followed.
Mr. Supinger noted the staff had recommended vacation of the southerly 50 ft. portion of
the alley. Mr. Supinger stated that, with the inclusion of the alley abutting Lot 1 9 in
Page 1386
the request for vacation, the staff would have no objection to the vacation of the full
72.5 ft. portion, as requested. Mr. Supinger .advised that easements for existing utilities
will have to be retained.
Mrs. Henning asked the size of the property south of Lots 8 and 17 owned by Hagge? Mr.
Supinger stated this property had 50 ft. frontage on Lincoln and Sherman Streets, and the
applicants have option to purchase this property also.
Mr. Mosbarger asked if any communication had been received from Mr. Watson, owner of Lot
19? Mr. Supinger stated no communication had been received by the staff.
Mr. L. D. Watson was present, and stated he had no objection to the vacation of the alley
as requested.
Mr. Robins asked what would happen should the alley be vacated by the City, and the applicants
did not exercise their option to purchase the property? Mr. Supinger stated the vacated
alley would revert to adjacent property owners. Mr. Robins noted that if the options weren't
exercised and the alley va.ca ted, there would be no a.ccess .to. the rear of these properties.
City Attorney Berardini noted that all properties do have access on a dedicated public
street.
Mr. Lentsch asked
get onto a public
property and back
will have to back
Weist moved:
Barton seconded:
if the trash haulers used the alley for pick-ups , and if so, how d~d they
street again? Mr. Parker stated the trash haulers drive onto the Hagge
around to go back out the alley to Girard. Mr. Parker noted the drivers
out into a street if the alley is vacated. Discussion followed.
The Planning Commission recommend to City Council that the southerly
72.5 feet of the alley in Block 6, Premier Addition, be vacated .
Utility easements are to be retained.
Discussion followed. Mr. Robins stated he felt the property under option by the applicants
could be used for their proposal, and still retain a dedicated alley. Further discussion
followed. Mr. Berardini again noted that propert~es would not be denied access by vacation
of the alley.
The vote was called. The motion carried ~ Mr. Mosbarger and Mr. Robins voting nay, and Mr.
Brown abstaining.
IV. HEIGHT EXCEPTION CASE #2-72
Block 6, Premier Addition.
Mr. Supinger stated that Offices, Ltd., have plans to construct a five-story office building
on property they have under option in Block 6, Premier Addition. The proposed structure
will have a maximum height of 80 ft.; however, the Comprehensive Zoning Ordinance limits
height o f structures in the B-1 Zone to five stories, but not higher than 60 feet. The
applicants are requesting a height exception as permitted under §22.5-7a(4) of the Compre-
hensive Zoning Ordinance. Criteria which is to be considered by the Planning Commission
in reviewing applications for ~xceptions to permitted height include:
(i) The effect of the increased height or floor area on adjacent property including the
effect on light, air and ventilation.
(ii) The avail~bility and suitability of private off-street parking.
(iii) The location of the structure with reference to fire, health and safety factors.
(iv) Such other factors as may affect the public health, safety and welfare.
Mr. Supinger noted that requests for height exception must be referred to City Council by
recommendation of the · Planning Commission.
Mr. Carlson asked the applicants to present their case.
Mr. Schock, architect, stated the overall height of the proposed structure is 71 ft., and
the requested waiver for 80 ft. height will encompass the mechanical enclosure on the roo.f.
Mr. Schock stated the development proposed by Offices, Ltd., will adhere to the five story
limitation , but· that in commercial structures, it is not possible to have five stories in
60 feet.
Mrs. Henning asked if the applicants had considered a four-story structure? She pointed
out that a five-story structure is not "required" by the Comprehensive Zoning Ordinance ;
rather, it is "permitted".
Mr. Schock stated the four story structure would not be economically feasible considering
the cost of the land and construction. Mr. Schock stated the five story structure would
make . for ~ore "efficient" use of the property. Discussion foll9wed.
Mr. Barton asked why the height should be limited? He stated he saw no reasons to stop
progress because of height limitations.
Mr. Supinger stated there may have been reasons to limit the height, such as ability to
serve such structures with fire protection and water pressure, at the time the Ordinance
was written.
Mr. Robins suggested that possibly the Ordinance should be amended to allow heights greater .
than the present 60 ft.
Mr. Supinger stated that the staff will, in the future, recommend that greater height be
allowed, but at the present time, the staff is not prepared to designate the areas where
these structures should be permitted. Mr. Supinger stated that the request isn't a
"variance" but is a request for an "exception", which is permitted by Ordinance. Discussion
followed.
I
I
I
I
I
I
Page 1387
Mr. Lentsch asked what the required parking is for an of f ice building? Mr. Supinger stated
it is one space for each 300 sq. ft . of rentable area. Discussion .followed. Mr . Weist asked
how many spaces they were short from the required parking? Mr. Supinger stated that with
the vacation of the entire 72.5 ft. portion of the alley, there would be the required number
of spaces, but noted that the design is improper. He pointed out two parking spaces shown
on the extreme north of the site plan; he stated the turning radius renders one space un-
usable. Also on the north row of 45 ° angle parking, people backing out o f a space on the
east boundary of the site will have to back out over the sidewalk, which is not good practice.
Mr. Supinger noted that on the double row of parking ; on both the east and west property
lines, car doors will be opening over the sidewalk area; this factor will be dangerous to
pedestrians.
Mr. Schock stated the two spaces on the extreme north of the site would be assigned to
custodians of the building. He stated he felt people would become accustomed to the parking
layout, and would not have difficulty getting into the parking stalls. Mr. Schock referred
to the matter o f car doors opening across the sidewalk area, and noted that the minimum width
f or a stall was 9 ft. The east /west dimension of the property is 266 ft., and they have 29
spaces in this area. He noted that they could decrease the size of these parking stalls to
the 9 ft. minimum and gain 2.5 ft. on either end of the row. Mr. Schock stated that it was
not uncommon for cars backing out of a parking stall to back across the sidewalk.
Mr. Lentsch commented that it is difficult to acquire additional parking for a development
after said development is completed. He noted that inadequate parking provided by a developer
works hardships on adjoining property owners and parking lots. He stated he . didnftt feel he
could go along with cars backing over the sidewalk.
Mr. Supinger noted that unless planters or some similar structure is used on the east and
west property lines, people will be driving over the sidewalk to get into the parking spaces
on the corners. Discussion followed.
Mr. Schock presented an artist's rendering of the proposed development ..
Mr. Lentsch asked if there were any reason the building could not be built within the 60 ft.
limitation? Mr. Carleno stated it isn't economically feasible. Mr. Lentsch asked if the
80 ft. height exception were approved if the applicants would be willing to provide additional
parking? Mr. Carleno stated "if it became obvious more parking was needed it would be pro-
vided." Mr. Lentsch pointed out the plans were drawn so that the minimum number of required.
parking spaces was dependent upon vacation of the alley. Discussion followed.
Mr. Robins asked if there would be objections to acquiring property owned by Hagge and Lesage
on the southeast corner of Girard and Lincoln for parking? Mr. Carleno stated that if they
did purchase the additional property , it would be necessary to increase the height of the
building to make it economically feasible. Discussion followed. Mr. Mosbarger asked if it
would be feasible to have underground parking on this site. Mr. Robins stated this area is
subject to flooding. Discussion followed.
Mr. Supinger stated that the height of the building will have an adverse effect on the property
adjacent on the north, primarily restricting the light to the property; furthermore, it is
the opinion of the staff that the parking plan is not properly designed for this proposal.
Mr. Oliver Giseburt stated the Ordinance requires one off-street parking space for each 300
sq. ft. of rentable area, and this is what the applicants are providing. He stated that the
staff is objecting to the design of the parking plan. Mr. Lentsch pointed out that minimum
required parking would not be provided unless the alley were vacated. Further discussion
followed.
Mr. Robins asked what type tenant was proposed for the building? Mr. Schock stated that
tenants would probably be lawyers, insurance agents, etc. Mr. Schock stated there would
be a maximum of four offices per floor. Mr. Robins noted that if each tenant had only three
employees, this would use 60 of the 68 parking spaces for employee parking alone.
Mrs. Henning stated she didn't want to discourage development , but she was of the opinion
that this is over-building on property of this size. Mrs. Henning stated she would be op-
posed to granting a height exception and would also be opposed to approval of the parking
plan as is now proposed.
Henning moved:
Mosbarger seconded: The Planning Commission recommend to City Council the request of
Offices, Ltd., for height exception for property in Block 6, Premier
Addition, said property being within the boundaries of the B-1 Zone
District be denied for the following reasons:
1 . An 80 ft. building -in this particular location will adversely affect
.property immediately to the north.
2. The area of the site involved does not furnish enough space for
adequate parking to serve the increased office area.
Discussion followed . Mr. Lentsch asked the applicants if they could and would build the office
building if the height were to be limited to the 60 ft.? Mr. Carleno stated this has been
considered. Mr. Carleno discussed proposals that had been considered, and found to be
economically impractical. Further discussion followed. Mrs. Henning stated she was in
sympathy with developers faced with economic problems, but felt the Planning Commission
should be concerned with the citizens-at-large and what effect such developments as this
will have on the City as a whole.
Mr. Lentsch suggested that the applicants look at property on the east side of South Sherman
Street as possible additional parking area. Further discussion followed.
The vote was called:
AYES: Robins; Vobejda; Henning; Mosbarger
NAYS: Weist; Carlson; Lentsch; Barton
ABSTAIN: Brown
The motion was defeated.
Page 1388
Mr. Lentsch suggested the applicants come to the Planning Commission again on January 18th
and present an alternative parking plan.
Lentsch moved:
Vobejda seconded: The matter be tabled until . the next regular meeting on January 18, 1972.
The motion carried, Henning and Mosbarger voting nay; Brown abstaining.
v. OFF-STREET PARKING PLAN
Block 6, Premier Addition
CASE #3-72
Henning moved:
Lentsch seconded: The matter be tabled until the next regular meeting on January 18, 1972.
The motion carried.
Discussion on previous action on the requested alley vacation followed.
Henning moved:
Lentsch seconded:
The motion carried.
Henning moved:
Lentsch seconded:
The Commission reconsider the requested alley vacation.
The recommendation to City Council on vacation of a portion of the alley
in Block 6, Premier Addition, be delayed until after the next regular
meeting of the Commission on January 18th.
The motion carried; Mr. Carlson and Mr. Barton voting nay ; Mr. Brown abstaining.
VI. DIRECTOR'S CHOICE.
Mr. Supinger stated that a tentative date of January 18th had been set f or a presentation on
the program of Denver Regional Council of Governments by a member of their staff. It was
the concensus of the Commission that January 18th should be confirmed with the COG staff.
VII. COMMISSION'S CHOICE.
Mr. Lentsch stated he would like to see members of the Commission receive tbe agenda for the
City Council meetings. He felt it would be well for members of the Commission to attend the
Council meetings when a recommendation from the Commission is considered.
Mr. Lentsch asked what information was available on the former KLZ Site in northeast Englewood?
Mr. Supinger stated the sale of the land to Larwin Company was finalized December 31st. Mr.
Berardini stated that petitions for rehearing may be filed until January 6 , 1972 , at 5:00
P.M. Mr. Berardini stated that members of Larwin Company have indicated they would be happy
to meet with representatives of the Plannipg Commission, Council and staff on their develop-
ment plans.
Mr. Brown stated he felt the Commission should be aware of the fact there are many people in
the northeast area who feel the City should reserve a portion of the former KLZ Site for a
park and drainage area. Mr. Brown stated he hoped the Planning Commission would be sympathetic
to the needs of the citizens.
Mrs. Henning commented that the matter of a park on the KLZ Site was referred to the Parks
and Recreation Commission. Mrs. Henning stated she felt City personnel should meet with
Larwin people as soon as possible, hopefully within two or three weeks.
Mr. Lentsch asked the Commission to recognize new Council representatives to the Commission,
Mrs. Henning and Mr. Brown, and Mr. Royce Robins, newly appointed lay-member of the Commission.
Mr. Carlson welcomed Mrs. Henning as Council representative , and also welcomed Mr. Brown, who
is Mayor Pro-tern. Mr. Carlson then welcomed Mr. Robins to the Commission.
Mrs. Henning stated she would like to see the Planning Commission work on the Planned Develop-
ment Ordinance again. Mr. Carlson stated he didn't feel the City was quite ready for the
Planned Development concept. He stated he felt the concept wasn't really understood and that
people could not see how it could apply to Englewood. Mrs. Henning pointed out the fact that
the Commission has twice voted in favor of the proposed Ordinance. Mrs. Henning stated she
would like to see the matter considered again with the amendments as proposed by City Manager
Dial.
Mr. Lentsch stated he felt people applying for permits under the PD should have recourse to
City Council. He pointed out that the Planning Commission is not a legislative body. Dis-
cussion followed. Mr. Berardini discussed the situation, and questioned whether the Com-
mission could request an opportunity for additional review. Further discussion ensued. Mr.
Supinger commented that the PD Ordinance seems to have become tied in with development of
the KLZ Site, and stated he felt it was immaterial whether the PD Ordinance was applied to
that site.
Mr. Lentsch stated he didn't feel the Commission communicated well enough to Council; he
stated he questioned whether Council really understood materials sent them from the Com-
mission. Discussion followed , Mrs. Henning stated she would hate to see the Planned De-
velopment Ordinance dropped.
The meeting adjourned at 10:40 P.M.
Gertrude G. Welty
Recording Secretary
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I
I
I