Loading...
HomeMy WebLinkAbout1992-08-04 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION AUGUST 4, 1992 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P .M. by Chairman Schultz in the City Council Chambers of Englewood City Hall. Members present: Covens, Draper, Dummer, Gerlick, Glynn, Shoop, Schultz Members absent: Tobin, Leonard (Both ladies had given previous notice of the absence) Also present: Harold J. Stitt, Planning Administrator Dan Brotzman, Assistant City Attorney II. APPROVAL OF MINUTES July 21, 1992 Chairman Schultz stated that the Minutes of July 21 were to be considered for approval. Gerlick moved: Shoop seconded: The Minutes of July 21 be approved as written. Mr. Draper asked that Page 15 be amended to state that he suggests that "some" trees along Broadway should be removed. Mr. Gerlick and Mr. Shoop accepted the amendment, and the motion is to approve the Min- utes as amended. AYES: NAYS: ABSENT: ABSTAIN: Gerlick, Glynn, Shoop, Covens, Draper, Dummer, Schultz None Leonard, Tobin None .. The motion carried. III. COMPREHENSIVE ZONING MAP B-2 to B-3 R-2-C to B-3 CASE #8-92 Chairman Schultz stated that in light of the fact that the Public Hearing on the proposed re- zoning was closed at the meeting of July 21, and subsequently tabled to this date, no new evi- dence may be elicited or introduced unless members of the Commission want to reopen the Hearing, republish notice of the Hearing, and repost the property. The Commission members may discuss the information presented during the course of the Public Hearing, and may ask questions of staff for purposes of clarification. Mr. Schultz then asked the pleasure of the Commission . Mr. Gerlick asked whether there was anything new that would warrant reopening the Hearing. Mr. Covens stated that he has discussed the issue with several of the property owners in the area, and will, therefore, abstain from voting on this issue. Mr. Covens reported that he had 1 ... also been in contact with the City Attorney's office regarding the right-of-way for West Adri- atic Avenue. Mr. Covens stated that he was advised by the Attorney's office that the City can "ask" that the right-of-way for Adriatic be dedicated, but the City cannot coerce the dedica- tion. At this time, there are two owners of residential property that have not dedicated the right-of-way, and two business owners that have not dedicated right-of-way. Apparently, the residents feel the business owners should take the first steps to dedicate the right-of-way to get the street through, and the business owners feel the residents should take the first steps to dedi- cate the right-of-way. Mr. Gerlick asked if Mr. Covens was abstaining solely because he had talked to people in the subject area. Mr. Covens indicated that he felt it would be proper that he do so. Mr. Schultz stated that it was his impression at the end of the last meeting, that Mr. Forring- ton had indicated that if "things were equitable", he would consider dedicating the right-of- way. Mr. Forrington, from the audience, stated that he had not realized previously that there were some properties that are "landlocked", with no way for the property owner to maintain those properties. Mr. Brotzman advised at this point that a motion to raise the issue from the table would be in order. Draper moved: Gerlick seconded: Case #8-92 be raised from the table for discussion. AYES: NAYS: Glynn, Shoop, Covens, Draper, Dummer, Gerlick, Schultz None ABSENT: ABSTAIN: Tobin, Leonard None The motion carried. Mr. Schultz suggested that the Commission now needs a motion on the floor for discussion purposes. "Gerlick moved: Draper seconded: The Planning Commission recommend to City Council that the B-3 Zoning be approved for the following described areas: B-2. Business to B-3. Business: Beginning at the centerlines of West Evans Avenue and South Zuni Street; then east along the centerline of West Evans Avenue to the centerline of South Raritan Street; then south along the centerline of South Raritan Street to the centerline of the West Evans Avenue/West Adriatic Avenue alley; then west along the centerline of the West Evans Avenue/West Adriatic Avenue alley to the centerline of South Vallejo Street; then continuing west along the centerline of the West Evans Avenue/West Adriatic A venue alley, extended, to the centerline of South Zuni Street; thence north along the centerline of South Zuni Street to the centerline of West Evans Avenue. R-2-C. Medium Density Residence. to B-3. Business: Beginning at the centerlines of West Adriatic A venue, extended, and South Zuni Street; then north along the centerline of South Zuni Street a distance of 163 feet, more or less; then east along a line to the centerline of South Vallejo Street; then south along the centerline of South Vallejo Street to centerline of 2 West Adriatic Avenue, extended; then west along the centerline of West Adriatic Avenue, ex- tended, to the centerline of South Zuni Street. Mr. Draper stated that this area was annexed to the City in the late '50's, and while there has been some change in the character of development, the residents and owners have not taken steps to get streets through to foster additional development. He stated that dedications of ad- ditional rights-of-way for streets has been discussed since at least 1957, and he personally does not think that Adriatic A venue will ever be fully dedicated and improved; nor does he believe that the north side of Adriatic A venue, extended, will ever be developed for residential pur- poses. In his opinion, the only thing to help this particular block is to approve the rezoning to B-3. Mr. Gerlick pointed out that residents have expressed concern about the inclusion of any of the residentially zoned property in the rezoning; he asked about the possibility of rezoning only the Evans Avenue frontage to B-3. Mr. Glynn stated that this would not solve the problem of the property owner whose property extends from Evans south to Adriatic extended; this property would still have two zone classifications. There was further discussion on the dedication of the right-of-way for Adriatic. Mr. Gerlick pointed out that the Commission has been advised that this cannot be required by the· City. Mr. Schultz pointed out that residents have stated that were the property to be rezoned for business purposes, they will not dedicate right-of-way for the street. Mr. Glynn asked if the area were to be rezoned, would all business development still be re- quired to have Evans A venue frontage; if the street were to go through, could businesses de- velop and front on that street. Mr. Stitt stated that any development must have frontage on a dedicated right-of-way. Mr. Stitt pointed out that the issue of the street right-of-way exists re- gardless of what zone district is applied; there can be no development of those landlocked properties until they have frontage on a dedicated street. Mr. Covens stated that he personally would like to see all right-of-way dedicated and the street improved; this would eliminate a hindrance to development in this block. He commented that changes in ownership in the block might also affect the dedication of right-of-way. Mr. Covens further stated that the upgrading of value on one individual property while downgrad- ing the value on properties abutting, adjoining, or adjacent, must come into consideration in making the decision on this issue. Mr. Brotzman clarified that while the Commission cannot advocate the "taking" of property for the street, they can recommend that the right-of-way be dedicated if the rezoning is ap- proved. Mr. Ger lick asked if the Commission were to recommend the rezoning to City Council with the stipulation that the property owners be encouraged to dedicate the right-of-way on approval of the zoning, does this mean that if the property is not dedicated, that the B-3 zoning would not apply. Mr. Schultz reiterated that at least two residents have stated that if the block were to be zoned for business purposes, they are not interested in dedicating right-of-way. Business owners have also stated that if the block is not rezoned, they may not dedicate right-of-way. Mr. Stitt pointed out that the Commission cannot make a "stipulation" that the rezoning be ap- proved "pursuant to" the right-of-way dedication. The Commission may only recommend to City Council that the City "encourage" the dedication of the right-of-way. The rezoning must stand on its own. 3 Mr. Schultz stated that residents who attended previous meetings of the Commission on June 16 and July 21, and gave testimony indicated they were concerned about the possibility of business development directly across the street from them if the street were to go through. Mr. Schultz further stated he understood the business zoning was to be along Evans Avenue, and that the rezoning does encroach into the residential area. Discussion ensued. Mr. Covens pointed out that Adriatic Avenue does not exist west of Zuni Street in Denver. Mr. Covens suggested that points to be considered are (1) do we "improve" the area, or not improve the area; (2) do we take the area in total, or "spot zone". Mr. Covens offered a friendly amendment to Mr. Gerlick's motion that property owners be encouraged to dedicate right-of-way for West Adriatic Avenue. Mr. Gerlick and Mr. Draper approved the friendly amendment to the motion. Mr. Dummer asked for clarification on Mr. Covens' statement of improving one property but downgrading another. Which area was he referencing that particular statement to? Mr. Covens stated that he wanted to leave the people in attendance this evening out of this, but pointed out that there are "feuds", people won't dedicate right-of-way, the area is undeveloped and over-grown. He wanted to "get the area up to speed." Mr. Covens suggested that the trade off isn't so much residents and business as whether we can get the area together. -Some people testified that they like the "open", undeveloped character of the neighborhood, but this is two blocks from Denver, and is a valuable area. His hope is to not make this an adversarial issue, but to provide opportunity for improvement of the properties. He also pointed out that the Planning Commission should consider the benefits to the total City, and not to just one person. Mr. Dummer pointed out that there has been little to no development since this particular block was zoned R-2-C, and while there is no guarantee it will develop under the B-3 there will be an increased opportunity. Further discussion ensued. Mr. Stitt reiterated that unless Adriatic Avenue is dedicated, properties that are now land- locked will not be able to develop no matter what the zone classification is. They must have frontage on a "dedicated" street to develop. Mr. Schultz stated that he would like to speak on behalf of the residents once again: the Commission heard a lot of comments from the residents during the course of the Hearing, and ...if the proposal for rezoning remains as has been considered, there is a slim chance to get the street through. Were the proposal to be redesigned, would it be easier to achieve full dedica- tion of the right-of-way -if the R-2-C area were to remain as R-2-C, would dedication and improvement of the street become a reality. Mr. Draper stated that in his opinion, there is a better chance of getting the street if the area were to be rezoned to B-3; he pointed out that nothing has been done by the residents/property owners to get the street through in the last 40 years. Mr. Covens stated that when the area was annexed, the residents chose to annex to Englewood rather than Denver, and that improved access to and through the area was one of the promises made to the residents at that time. Mr. Covens stated that Mr. Kelley made a point during his testimony that if the property goes to business, it becomes more valuable, and what business- man is going to want to "give up" valuable land. Further brief discussion ensued. Mr. Schultz called for the vote on the motion, which is as follows: 4 "'· "The Planning Commission recommend to City Council that the B-3 Zoning be approved for the following described areas: "B-2. Business to B-3. Business: Beginning at the centerlines of West Evans Avenue and South Zuni Street; then east along the centerline of West Evans Avenue to the centerline of South Raritan Street; then south along the centerline of South Raritan Street to the centerline of the West Evans Avenue/West Adriatic Avenue alley; then west along the centerline of the West Evans Avenue/West Adriatic Avenue alley to the centerline of South Vallejo Street; then continuing west along the centerline of the West Evans Avenue/West Adriatic Avenue alley, extended, to the centerline of South Zuni Street; thence north along the centerline of South Zuni Street to the centerline of West Evans Avenue. "R-2-C. Medium Density Residence. to B-3. Business: Beginning at the centerlines of West Adriatic A venue, extended, and South Zuni Street; then north along the centerline of South Zuni Street a distance of 163 feet, more or less; then east along a line to the centerline of South Vallejo Street; then south along the centerline of South Vallejo Street to centerline of West Adriatic Avenue, extended; then west along the centerline of West Adriatic Avenue, ex- tended, to the centerline of South Zuni Street. - "The Commission further recommends that property owners be encouraged to dedicate the re- quired right-of-way for West Adriatic Avenue between South Vallejo Street and South Zuni Street." AYES: NAYS: ABSENT: ABSTAIN: Draper, Dummer, Gerlick, Glynn Shoop, Schultz Leonard, Tobin Covens Chairman Schultz declared the motion carried. Mr. Stitt stated that the issues of the B-3 District regulations and of the rezoning will be e- ferred to City Council. City Council will set a date for Public Hearing; the area will have to be re sted, and public notice will have to be given in the official City Newspaper. IV. PUBLIC FORUM. Mr. Schultz asked if anyone wanted to address the Commission under Public Forum. No member of the audience addressed the Commission. v. DIRECTOR'S CHOICE. Mr. Stitt reported that Deputy City Manager Linda Martin has assumed her position as City Manager of Black Hawk as of August 3. Management Analyst Chuck Reid has been appointed as Assistant City Manager of Englewood effective August 3. Mr. Stitt also reported that interviews were conducted on July 29 for the position of Commu- nity Development Director, and that Mr. Lee Merkel has been selected for the position. Mr. Merkel will begin his duties with the City of Englewood in mid-September. Mr. Covens asked for information on the reported "condemnation" of Cinderella City. Mr. Stitt updated the Commission on activities pertaining to the Cinderella City Mall, and pointed out that this would be a "friendly" condemnation. The City will be issuing a Request for Pro- posals (RFP) in an effort to determine whether there is interest of developers/redevelopers in 5 ... the project. The City , through the Englewood Urban Renewal Authority, does have the power to condemn the Mall for redevelopment; however, once condemnation proceedings are insti- tuted, the City must have funds available to deposit with the County until a valuation hearing is held. This necessitates having a developer with funds available ready and willing to proceed once the property has been condemned. A "friendly" condemnation is when the property owner will agree to the condemnation action. Mr. Stitt pointed out that there is a lot of work yet to be done before the condemnation proceedings can begin. Discussion ensued. Mr. Shoop asked if the City would have an opportunity to work with the redeveloper. Mr. Stitt stated that the City will have to know and be party to everything before getting into condemnation. Mr. Schultz asked if this process could include such things as changes in traffic patterns, improvements along U.S. 285, etc. Mr. Stitt suggested that these things would probably be considered as "in-kind contributions" from the City, and not be an actual outlay of the redeveloper. Mr. Stitt pointed out that in the EURA projects, the EURA financed the infrastructure items, such as the Englewood Parkway, the Plaza at Little Dry Creek, the realignment of Floyd Avenue and Inca Way, etc. Mr. Shoop asked if there was a time frame on this. Mr. Stitt stated he is not aware of a time frame, but reiterated there is a tremendous amount of work to be accomplished. VI. COMMISSIONER'S CHOICE Mr. Gerlick commented on the detailed, lengthy discussions on the B-3 regulations, and the rezoning of the area in northwest Englewood. He stated that this was a tough decision to make, but he felt that the Commission tried to show concern for both the residents and the businessmen of the area. Mr. Schultz agreed, and stated that it is not an easy task for the Commission or Council to make decisions that affect other people; he expressed his apprecia- tion to other members for their work and consideration on these issues. Mr. Shoop asked about the "visioning" project. Mr. Stitt stated that funds have been re- quested in the 1993 budget for the project, and if the budget request is approved, we should be able to begin the process in January. When Mr. Merkel joins the staff, we will begin getting the information together and proceeding as far as we can this year. -Mr. Schultz asked if Mr. Merkel will be meeting with the boards and commissions, and hav- ing study sessions with the Commission. Mr. Stitt assured the Commission that Mr. Merkel >liWill be meeting with the Board of Adjustment, and will be the ex-officio member of the Plan- ning Commission, and attending the meetings . There was nothing further brought before the Commission. The meeting was declared ad- journed. ,J.A~c14- -0ertrude G. Welty > Recording Secretary 6