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HomeMy WebLinkAbout1990-07-10 PZC MINUTESCITY OF ENGLEWOOD PL~NNING AND ZONING COMMISSION July 10, 1990 I. CALL TO ORDER. D R A F T The regular meeting of · the City Planning and Zoning Commission was called to order at 7:00 P.M. by Chairman Gerlick. Members present: Glynn, Schultz, Shoop, Tobin, Covens, Cronk, Dummer, Gerlick Wanush, Ex-officio Members absent: Daviet (Ms. Daviet entered the meeting at 7:30 P.M.) Also present: Planning Administrator Dorothy Romans Planner Harold Stitt City Clerk Patricia Crow Mr. Gerlick welcomed Ms. Jennifer Cronk and Mr. Darryl Dummer to the Commis- sion, and asked City Clerk Crow to administer the oath of office to the newly appointed members. The Oath of Office was administered by City Clerk Crow to Ms. Cronk and Mr. Dummer. II. APPROVAL OF MINUTES. June 12, 1990 Mr. Gerlick stated that the Minutes of June 12, 1990 were to be considered for approval. Schultz moved: Shoop seconded: The Minutes of June 12, 1990 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Schultz, Shoop, Gerlick, Glynn None Davi et Tobin, Covens, Dummer, Cronk Chairman Gerlick stated that the Minutes stand approved as written. III. ENGLEWOOD COMMERCIAL INDUSTRIAL CENTER Preliminary Subdivision Plat Donald Cameron, Applicant CASE #3-90 Mr . Gerlick stated that the issue before the Commission is a request for ap- proval of a Preliminary Subdivision Plat. Mr. Gerlick set forth the procedure that will be followed in the conduct of the Public Hearing. Tobin moved : Glynn seconded: The Public Hearing on Case #3-90 be opened. -1 - • AYES: NAYS: ABSENT: ABSTAIN: Schultz, None Davi et None Shoop, Tobin, Covens, Cronk, Dummer, Gerlick, Glynn The motion carried. Mr. Harold J. Stitt was sworn in, and testified that he is the Planner in the Department of Community Development. The preliminary plat is for property at 4755 South Santa Fe Drive owned by Donald Cameron. The proposed subdivision will provide small sites which will be sold for light industrial development. Mr. Stitt stated that this issue has been discussed by the staff and the ap- plicant on a number of occasions in the past six years. Mr. Cameron's pro- posed division of the property has been considered by the Technical Review Committee (TRC), and concerns voiced by various departments have been noted and addressed. Mr. Stitt discussed the requirements/concerns raised in the TRC, as follows: Public Works Department -Engineering Division: 0 0 The riprap on the Big Dry Creek bank must be completed within three years after the approval of the Final Plat. The access to South Wyandot Street shall be constructed at the exist- ing grade, if the access is constructed. Other designs must be supplied by hydraulic study showing net impact on the flood plain. Public Works Department -Parks Division: 0 An easement must be obtained for a future Big Dry Creek trail system. Utilities Department: The connection to the 10-inch water line in South Wyandot Street must be upstream of the meter for the Fire Training Facility. The meter may have to be relocated. Mr. Stitt stated that in previous years, some unapproved fill work was done on Mr. Cameron's property, and as a result of this work, an agreement between Urban Drainage & Flood Control, the City of Englewood, and Mr. Cameron was drafted, but was never signed. This agreement pertains to the granting of an easement along Big Dry Creek, and the maintenance of this waterway and easement. Mr. Stitt further discussed the improvement of South Wyandot Street on the west side of Mr. Cameron's property. If additional right-of-way is acquired for the further development of South Wyandot Street, and the access from Santa Fe Drive to South Wyandot is eventually constructed, such construction shall be at the existing grade so as not to impede the flow of water when Big Dry Creek is in flood . The Utilities Department requirement for the water line connection was dis- cussed by Mr. Stitt. He pointed out that Mr. Cameron will be required to tap -2 - into the line to the south of Union Avenue, upstream of the Fire Training Facility. The easement for a trail system along Big Dry Creek was discussed by Mr. Stitt. The City of Littleton has proposed a similar development along Big Dry Creek on the south. Mr. Stitt distributed copies of a letter from Mr. Joseph Racine, Director of Community Development for the City of Littleton, which letter addresses several issues, one of which is the development of a trail system along major drainageways (Big Dry Creek). This letter was hand- delivered to Mr. Stitt at approximately 4:30 P. M. on this date. Mr. Stitt stated that the City of Englewood does not follow the practice of restricting uses on a subdivision plat, as suggested by Littleton, but rather would rely on the restrictions written in the 1-1, Light Industrial, and Flood Plain sections of the Comprehensive Zoning Ordinance. Mr. Stitt stated that in his opinion, there is no need to have the restrictions set forth on the Subdivision Plat itself. Regarding the recreational facilities along Big Dry Creek, Mr. Cameron has agreed to provide a 30 foot easement along the Creek. Nothing permanent can be constructed in this easement, and it could be developed for hiking/biking trails, and would provide adequate protection for the flood plain of the Creek. The third issue raised by the City of Littleton concerns joint efforts by En- glewood and Littleton to secure the cooperation of the Department of Highways, and encourage the Highway Department to commit to include a pedestrian trail underpass at the Big Dry Creek/Santa Fe bridge when those improvements are constructed. It is the opinion of Littleton officials that if the crossing commitment is obtained, matching funds for trail construction would be more likely. Mr. Stitt emphasized that this third issue does not pertain in any way to the consideration of the proposed preliminary subdivision plat. Mr. Stitt asked if any member of the Commission had questions. Mr. Schultz asked how much riprap was completed along Big Dry Creek. Mr. Stitt stated that no riprap has been done along the Creek on Mr. Cameron's property. However, it must be completed within three years of the approval and signing of the Final Plat. Mr. Gerlick asked if the 30 foot easement would be measured from the center of Big Dry Creek, or from the edge. Mr. Stitt stated that the measurement would be from the north rim, and that a legal description would have to be written to define the easement area. Mr. Schultz noted that it appears part of the property is in the Creek at the present time. Mr. Stitt stated that Mr. Cameron's property is in the flood plain, but did not think it is in the Creek itself. Mr. Stitt pointed out that Tract B cannot be developed with structures, but may be used for short- term parking, providing the vehicles can be moved with a one-half hour notice. Mr. Stitt also discussed the easements for Public Service Company high tension lines that cross Mr. Cameron's property. This also restricts the development of the lots, inasmuch as the easements are 75' wide, and nothing can be con- structed in those easements. Ms. Tobin asked how close buildings could be to those overhead lines. Mr. Stitt stated that there can be nothing built in -3 - those easements. The dangers to health caused by the high tension lines was discussed by Ms. Tobin and Mr. Stitt. Mr. Gerlick asked if Mr. Stitt felt that all the concerns indicated by Little- ton have been addressed. Mr. Stitt stated that he did, and reiterated that Englewood has control over the development of the lots through restrictions in the Comprehensive Zoning Ordinance. The 30 foot wide easement which Mr. Cam- eron has agreed to sign will give adequate protection for the flood plain area, and provide for the trail system along the stream. Mr. Gerlick asked that Mr. Cameron present his case. Don Cameron was sworn in, and stated that he had very little to add to Mr. Stitt's presentation. Mr. Cameron stated that over the past several years, he has considered division/development of the site. Mr. Cameron stated that he has received a lot of encouragement from the staff to pursue the division of the land for development, and commended the "friendly atmosphere" projected by the City Staff. Mr. Covens asked what possible development would Mr. Cameron consider on Lots 3, 4, and 5 of Block 1. Mr. Cameron stated that there are many opportunities for development, pointing out that he had received inquiries about indoor/ outdoor volley ball facilities and indoor/outdoor soccer facilities. He stated that he felt the recreational development of the sites might be very good, but emphasized that these are only "ideas" and other development may actually occur. He stated that he had initially contemplated the parking of recreational vehicles on these lots, but the fact that they must be moved within 30 minutes notice in the event of flooding does not make this a practi- cal consideration. Mr. Gerlick asked Mr . Cameron if he agreed with the conditions as cited by Mr. Stitt. Mr. Cameron stated that the conditions are a compromise, and that he does agree to them. Mr. Schultz asked if the improvements to Santa Fe Drive would impede the traf- fic flow to this site. Mr. Cameron stated that the Santa Fe improvements will impact the access to his site. Mr. Cameron expressed the concern that if South Wyandot Street is improved, the State will consider this sufficient ac- cess to his property, and eliminate his access from South Santa Fe. Ms. Daviet entered the meeting and took her seat with members of the Commission. Mr. Gerlick asked if there were any proponents who wished to speak on the matter. Mr. George F. Murray, 4829 South Santa Fe Drive, was sworn in. Mr. Murray stated that he owns and operates an auto wrecking yard along Big Dry Creek south of Mr. Cameron's property . Mr. Murray is concerned that the required riprap on the north side of the Creek will direct the flood waters onto his property, and is opposed to the required riprap. Mr. Murray stated that when Big Dry Creek is in heavy flood, there is water out of the channel on both sides. Mr. Murray stated that he has owned this property for many years, and has seen numerous floods on the Creek. Mr. Murray stated that he is opposed to any "improvement" or development that will restrict the natural flow of the water in the Creek, and reiterated his concern that the riprap will force more -4 - • water to the south side of the Creek. Mr. Murray stated that as far as in- dustrial development, he would oppose any type of development that contributed dust, dirt and fumes to the area. Mr. Murray stated that when the bridge across the Creek was constructed a few years ago, he was told that it would be wide enough to accommodate the projected traffic; this has turned out to be incorrect, and Mr. Murray stated that the State has never paid him for the right-of-way for that bridge. Mr. Murray stated that his property is partly in Englewood and partly in Littleton, and he has never heard of any proposed improvements on the south side of the Creek in Littleton. Mr. Shoop asked Mr. Murray how much of his property was in the flood plain. Mr. Murray estimated that probably 3/4 of his property is in the flood plain. Mr. Dummer asked if he understood Mr. Murray's concern about the riprap to be that it would force water to flow onto his property. Mr. Murray stated that this was correct. Mr. Dummer stated that riprap of banks would not raise elevation; the riprap would only aid in controlling erosion of the existing banks of the Creek, and would not change the natural flow of the water. Upon questioning by Mr. Schultz, Mr. Stitt affirmed that the riprap is only to pro- tect the banks of the Creek from erosion, and will not increase the elevation of the banks or impede the flow of the stream. Thus, it will not force addi- tional water to flow over the south bank of the Creek onto Mr. Murray's property. Brief discussion ensued. Mr. Gerlick asked if anyone else wished to speak on the matter. No one else indicated they wanted to address the Commission. Covens moved: Tobin seconded: The Public Hearing on Case #3-90 be closed . AYES: NAYS: ABSENT: ABSTAIN: Shoop, Tobin, Covens, Cronk, Daviet, Dummer, Gerlick, Glynn, Schultz None None None The motion carried. Mr. Gerlick stated that the Commission members would now consider the testimo- ny on the Preliminary Plan. Plans to extend South Wyandot Street further south past Mr. Cameron's property were discused. Improvement of the street would be from Big Dry Creek north. Mr. Gerlick asked if any consideration had been given to Mr. Murray's property and the impact the development of Cameron's property may have on property to the south of the Creek. Mr. Stitt stated that a number of years ago, there was fill work done on Cameron's property without approval. It was at that time that the agreement among Urban Drainage & Flood Control District, the City of Englewood, and Mr. Cameron was drafted. Mr. Stitt stated that hy- draulic analysis, which was done after the fill work, has indicated that the fill did not increase the amount of water flowing on the south side of Big Dry Creek. Mr. Stitt stated that no additional fill work is proposed on the north side of the Creek, only the required riprap. If additional fill work is done, another hydraulic analysis will be required by the Urban Drainage & Flood Con- trol District, the City of Englewood, and the City of Littleton. -5 - Mr. Shoop inquired about access to the lots north of Mr. Cameron's property . Would the Santa Fe Drive/Union/Tufts improvements impact the access to those properties. Mr. Stitt stated that it is a possibility that access would be impacted and limited as a result of the improvements. There is a possibility of frontage roads to service the properties north of Union, but frontage roads have not been proposed for south of Union. Mr. Stitt stated that until the Big Dry Creek Bridge is designed, the Highway Department will not know what is available for access and have not discussed frontage roads south of Union . Mr. Gerlick asked if the surrounding property owners were notified . Mrs. Ro- mans stated that certified letters were sent to all adjoining property owners. Mr. Covens asked who would pay for the relocation of the water meter as re- quired by the Utilities Department. Mr. Stitt stated that this would be at Mr. Cameron's expense. Mr. Gerlick stated that he wanted to see the suggestions and requirements from the other departments made a part of the approval, as well as the maintenance agreement on Bi g Dry Creek to be signed by Mr. Cameron, Urban Drainage & Flood Control District, and the City of Englewood . Glynn moved : Shoop seconded: The Planning Commission approve the preliminary plat of the Englewood Commercial Industrial Center Subdivision, with the following conditions: 0 0 0 0 AYES: NAYS: ABSENT: ABSTAIN: The riprap on the Big Dry Creek bank must be completed within three years after the approval of the Final Plat. The access to South Wyandot Street shall be constructed at the exist- ing grade, if the access is constructed. Other designs must be supplied by hydraulic study showing net impact on the flood plain. An easement must be obtained for a future Big Dry Creek trail system. The connection to the 10-inch water line in South Wyandot Street must be upstream of the meter for the Fire Training Facility. The meter may have to be relocated. The maintenance agreement among Mr. Cameron, Urban Drainage & Flood Control District and the City of Englewood shall be signed by all parties. Tobin, None None None Covens , Cronk, Daviet, Dummer, Gerlick, Glynn, Schultz, Shoop The motion carried . Mr. Gerlick stated that the Preliminary Plat is approved. Mr . Cameron will now prepare the Final Plat, which will also have to be considered by the Plan- ning Commission. -6 - IV. STATE HIGHWAY WORK PROGRAM Fiscal Year 1991-1992 CASE #4-90 Mrs. Romans stated that every year, the State Highway Commission asks all county governments and jurisdictions within those counties to submit a list of projects those entities want to see constructed through the State Highway Work Program in the following fiscal year. Requests for Fiscal Year 1991/1992 are to be submitted to Arapahoe County no later than July 24, 1990, and the requests for the City of Englewood must be considered by the City Council at their meeting on July 16, 1990. Mrs. Romans stated that she had conferred with officials from Cherry Hills Village, Greenwood Village, Littleton and Sheridan regarding any projects that could be requested by one or more juris- dictions. Mrs. Romans pointed out that the majority of the requests are "repeat" requests. One exception is the one-way couplet on U.S. 285/Ithaca Avenue, which had been requested regularly for a number of years, and then eliminated following the development on the Buyer's Club site. The Transpor- tation Task Force has suggested that this project be reinstituted in the Master Street Plan, and with that in mind, it was added to the Work Program projects. Mrs. Romans then reviewed the list of requests. Mr. Schultz asked if the requested improvement to the Broadway bridge and un - derpass would impact the improvements along Little Dry Creek. Mrs. Romans stated that there should be very little if any impact on the Little Dry Creek improvements. Mr. Schultz asked if separate interchanges had been contemplated with the development of the couplet. Mrs. Romans stated that separate interchanges were not contemplated, but a ''transition" from two-way to one-way and back to two-way. Ms. Daviet stated that there is a problem with the Dartmouth Avenue/Santa Fe Drive interchange, in that people westbound at sunset apparently do not see the traffic signal and have driven directly into Santa Fe traffic. She sug- gested better signing or notification of a signalized intersection. Staff indicated they would check into this. Mr. Schultz asked about left-turning movements from streets such as Dartmouth onto Broadway. There is no signalized turning movement, and sometimes drivers can sit through several lights before being able to make the turn. Mr. Wanush pointed out that for every phase of a signal, time is taken from the carrying capacity of the main thoroughfare. He suggested that this may be the reason there are no left-turn arrows on the signals, but he would discuss this with the traffic staff. Mr. Covens asked Ms . Daviet her opinion on the list of projects --whether the Traffic Task Force, of which she is a member, thought these projects would be accomplished. Ms. Daviet stated that she felt the couplet should have a top priority over the widen i ng of the Broadway Bridge . Mr. Schultz asked if property would have to be condemned in order to develop the couplet. Mrs. Romans answered in the affirmative. Brief discussion ensued . -7 - Schultz moved: Covens seconded: The Planning Commission recommend to City Council the fol- lowing list of projects for the State Highway Work Program, Fiscal Year 1991-1992: CITY OF ENGLEWOOD 1991/1992 HIGHWAY WORK PROGRAM REQUESTS A. Construction projects on the State Highway System: 1. U.S. 285: Create an improvement corridor from South University Boulevard to South Santa Fe Drive, which would include: a. Construct the U.S. 285/Ithaca couplet between Jason and Broadway. b. The widening of the U.S. 285 underpass Broadway and the widening of the ramps and overpass to accommodate double left-turning movement. c. Continue beautification from South University Boulevard to Broadway. 2. South Santa Fe Drive: a. Continuation of the proposed improvements on South Santa Fe Drive. b. The construction of a railroad grade separation and fully sig- nalized intersection at Oxford and Santa Fe. c. Completion of the Windermere/Navajo truck route between West Kenyon Avenue and West Belleview Avenue with a four-way signal- ized intersection at West Oxford Avenue and South Navajo Street. d. The construction of a railroad grade separation and fully sig- nalized, at-grade intersection at West Tufts Avenue/West Union Avenue and South Santa Fe. e. The construction of a bridge on Windermere over Big Dry Creek. 3. Belleview Avenue: a. Study and develop standards for anticipated growth. B. Construction Projects on the Federal Aid Urban System. 1. South Broadway from Yale Avenue to South City limit to have signal improvements. 2. South Broadway from Floyd Avenue to Yale Avenue to be widened and provided with a landscaped median. • 3. Upgrade Broadway/Floyd intersection to facilitate traffic and pedestrian movement. 4. South Broadway from Quincy Avenue to South City Limits to be provided with a landscaped median. 5. Pedestrian access on the west side of Broadway between Rafferty Lane and Belleview with emphasis on the widening of the bridge over Big Dry Creek to accommodate pedestrians. -8 - 6. Sidewalk construction on the east side of South Broadway from Belle- view Avenue to City limit as needed. 7. Sidewalk construction on north side of Belleview Avenue from City limit east to City limit west. 8. Bike trail construction along Little Dry Creek from Cherokee to South Santa Fe Drive. 9. Bike trail construction along Big Dry Creek from the South Platte River east. AYES: Covens, None None None Cronk, Daviet, Dummer, Gerlick, Glynn, Schultz, Shoop, Tobin NAYS: ABSENT: ABSTAIN: The motion carried. V. DIRECTOR'S CHOICE. Mr. Wanush distributed copies of the Second Notice sent to EURA Bondholders setting forth the financial status of the Authority following the June 1, 1990 Debt Service Payment. Mr. Wanush stated that revenues are insufficient at this point in time to determine whether full payment can be made on December 1, 1990, or whether the Authority will default. Discussion ensued. Mr. Glynn inquired about negotiating with the bondholders for a lower interest rate. Mr. Wanush stated that this option was considered; however, there are over 330 bondholders, and 100% agreement would have to be obtained to accomplish a restructuring; it is extremely doubtful that this 100% approval would be ob- tained. Furthermore, there would be a considerable financial outlay required to undertake this renegotiation/restructuring, and with no guarantee of suc- cess, the Authority determined not to pursue this option. Ms. Daviet asked how a default would affect the payout on the bonds. Mr. Wanush stated that when a default occurs, all bonds are brought to an equal status no matter when the maturity date might be. Interest on the bonds is paid first before retirement of bonds is undertaken. Mr. Wanush emphasized that all revenues --sales tax increment and property tax increment --are pledged to debt service, and will continue to be at least until the year 2007. Ms. Daviet asked if the original investment of the bondholders would be repaid. Mr. Wanush reiterated that the interest on the bonds is paid first, before the principal is paid. VII. COMMISSIONER'S CHOICE. Mr. Covens asked if the Waste Management Task Force could be scheduled for a 10 minute presentation at the meeting on July 24th to discuss the application for Grant funding. Mr. Gerlick stated that this would be so noted on the agenda for July 24. Ms. Daviet stated that there has been some discussion pertaining to Arapahoe House and the concerns that have been expressed to members of Council. Ms. Daviet stated that she anticipated the Commission would receive some com- munication on the problem. -9 - There being no further matters to come before the Commission, the meeting was adjourned at 8:45 P. M. Recording Secretary -10 -