Loading...
HomeMy WebLinkAbout1975-04-08 PZC MINUTES• • J i' : ., : •\ ; . . '.· .. •.,- . CITr OF ENGLE WOO D PLA ING AND ZONING CCB!MISSIOif ! ·~:; ·:: ~ ·' APRI L 8, 1975 . . , ... ' I • CALL ro ORDER. __ .......,__..._ . . .. . ! '·. - ' ; .. The regular meetin g of the City Planning and Zoning Oollllllissi0'1 •as called to order a t 8:00 P.M. by Chairman Martin. ' Members present : Wade; Bro wn; Jones; Jorgenson; 11artin;1 ... . ' ' . Parker; Pierson; Smith; Tanguma ' ( • Supinger, Ex-officio " : , : . bers absent: None Also present: Assistant Director Romans; Assistant City , ., ~ Attorney Lee; Associate Planner House II. APPROVAL .Q! MINU TES. Mr. Martin stated that the Minutes of March 18, 1975, were to be considered for approval. Mrs. Pierson noted that on Page 10, f3, she had re f erred to legal counsel, not the ·city Attorney's Office. Tanguma moved: Jones seconded: The Minutes of March 18, 1975, be approved as corrected. AYES: Tanguma; Wade; Brown; Jones; Jorgenson; Martin; Parker; Pierson; Smith L HAYS: None 'ftle motion carried . III. HALCYON HEIGHTS II Planned Development Brown moved: Tanguma seconded: The Public Hearing be opened. CASE #11-75 AYES: Smith; Tanguma; Wade; Brown; Jones; Jorgenson; Martin; Parker; Pierson , NAYS: None Tbe motion carried. Mr. Martin stated that according to the Planned Development· guide l ines, there is no immediate need for the Planning com- mi ssion to make a decision on this request this evening; the Comm i ssion is allowed some six weeks to two months to reach a decision following the Public Hearing. He cautioned members of the a u dience not to expect a decision on this request at t i s meet ing. Mr . Mar tin sta t ed that he would ask the pro- ponents o f t he requ es t to present t heir case ; t he opponents would then 1:Je given an op portuni ty to spe ak. -2- Mr. John Criswe ll 3780 South Broadway -stated he is an attorney-at-law, and • represents the applicant. Mr. Criswell noted that a request for the alley vacation in Block 4, Higgins South Broadway Heights, is identified as Case #10-75; however, inasmuch as both the request for approval of a Planned Develop- ment and the request for the alley vacation are concerned with the same property, he would like to address both matters. Mr. Criswell filed four certification of posting forms with the Secretary of the Commission; these certifications contain a picture of each of the four signs used to post the property giving notice of the Public Hearing. Mr. Criswell then presented to each member of the Commission, copies of a number of documents pertaining to the request. Mr.Criswell referred to a Vicinity Map which was included with the staff report, and directed the attention of the Commission to the northeast corner of the U.S. 285/South Clarkson inter- section, which is the subject property. This property is presently owned by Ambrose and Company, and is under contract for purchase by Mr. Arthur H. Kipke, developer of the proposed Halcyon Heights II. Mr. Criswell stated that the application encompasses Lots 17 through 30, Block 4, Higgins South Broadway Heights. Since the application was filed, Mr. Kipke has optioned to purchase an additional 2-1/2 lots fronting on South Emerson Street; this property is presently owned by Mrs. Solomon .• Mr. Criswell stated that the subject site has 236 ft. frontage on U.S. 285, 175 ft. frontage on South Clarkson Street, and 109 ft. frontage on South Emerson Street; the additional property under option from Mrs. Solomon has 62-1/2 ft. frontage on South Emerson Street; these two parcels contain approximately 54,000 square feet, or 1-1/4 acre. The proposed building is designed as a retirement home with a minimum age of 62 years for occupants. Mr. Criswell stated that Mr. Kipke has shown, through statistics, that the average age of the occupants of Halcyon Heights II will be somewhere between 70 to 75. The structure will have 115 units designed for these individuals, plus one two-bedroom manager's unit. The structure will front onto South Clarkson Street. There will be a parking structure extending east/west under the structure. The height of the proposed building will be 140 ft. +/-. Mr. Criswell noted that the height of the building will compare, generally, with the Swedish Medical Center addition. Mr. Criswell stated that the north 100 ft. of the subject block is zoned B-2, Business, with the remainder of the block zoned R-3-A, Multi-family Residence. The R-3-A Zone District does allow this type of use. Mr. Criswell conceeded that the pro- posed project does not meet the parking requirements for the R-3-A Zone District; the proposed project exceeds the height permitted in the R-3-A Zone District, and does not meet the minimum setbacks required in that Zone District. It was for these reasons the applicant was advised to file a Development Plan. ~ -3- Mr.Criswell p i nted ou t that if the Planned Development is approved by th e Commis s i on a nd City Council, i t is the n recorded with the Ar a pahoe Cou nty Cl e r k and Rec o r der , and is l ega l ly binding on the devel oper . Mr. Criswell then d iscussed t he exis ting a lley in Block 4, Higgins South Bro a dway He i ghts ; h e noted that the alley appears to be an ups ide-d ow n "T". The applicant is asking that the west leg of t h e "T" extend ing from South Clarkson east to the north/south inte r s ection of the alley be vacated. Mr. Criswel l summarized the s taff report, and noted that the condi t i o ns on which the staff based approval are: (1) ownership proo f ; he referred to deeds in the packet presented to the me mbers. All the land i s under contract to Mr . Kipke. (2) Mr. Cri swell referred to a proper turning radius fo r fire equipment if the west l eg of the alley is vacated; with the acquisi t i of the additional 2-1/2 lots from Mrs. Solomon, there will be adequate area dedi ca ted to the City for turning movements by l arge equipment. Mr. Criswell stated that it is the intent of the applicant that the alley shall be paved . Fire lanes shall be designated and maintained. (3) The drainage s ystem shown in the development plan shall be maintained a t the a ppli cant's expense ; (4) the applicant agrees that off-st r eet park ing shall not exceed a ratio o f 1:1, and if the use of the site should ch ange, additional parking would be provided to meet the re- quirements of the R-3-A Zone District. (5) Landscaping plans would be presented to and approved by the City of Englewood prior to issuance of a Building Permit. Mr. Criswel l stated that approval of the application would not have the ef f ect of modifying or varying in any way the Fire, Building, or Noise Codes. Mr. P arker asked if t he staff has determined the proper turning radius in the alle y ? He stated he wants to know how much of t h e addit ional 2-1 /2 lots will be available for use once the turni n g radius is determined? Mr. Criswell stated he felt that 7 ,000 sq. ft. would be a good ball-park figure that would be available after the radius is given. Mr. Criswell noted tha t Mr . Kipke is willing to execute covenants regarding the parking, turning radius, etc., as a condition of the application, if the Planning Commission and City Council so desire. Mr. Criswell directed the attention of the Commission to parking re uirements; he noted that the Comprehensive Zoning Ordinance requires 1-1/2 parking spaces per unit --for 116 units, this woul d equal 174 resident parking spaces; the Ordinance also re- qu ires an additional space for every five units for guest parking. Th is would total 197 parking spaces for the proposed development. Mr. Criswell noted that §22 .4A6 of the Comprehensive Zoning Ordinance allows the Plann ing Co mmission to approve a reduction req uired pa rking by 25% in approval of a Planned Development. -4- Mr. Criswe ll referr ed to a Parking Requirements Report contained in the packet he had p revious ly presented to the Comm ission . ~ Mr. Criswell stated that s urve ys of retirement ho es for the .., more affluent elderly regarding p arking , a report from the Automotive Manufacturers Association on parking and other studies, bear out the fact that persons living in retirement homes do not have the automobiles that other segments of the population do. It is estimated that of the population over the age of 70 , only 2-1/2% own automobiles. Mr. Criswell noted that the parking plans for the proposed development will pro- vide 149 off-street parking spaces; this is a ratio of 1:1, + 33 spaces. Mr. Criswell stated he felt it could be concluded th at th is particular development does not need the parking area that a typical apartment house would need . Mr . Criswell further discussed the matter of he ight of the proposed structure. Mr. Criswell stated there are not s p c 'fic guidelines pertaining to height under the Planned Developmen t regulations; there are two ways to increase height under §22.5-7 of the Comprehensive Zoning Ordinance, however. The first method provides that for every foot of height the building exceeds the limitation, an additional foot of setback must be provided on each side yard. A second way to incre a se the height of a structure is given in §22.5-7a(4), in wh i ch secti o n City Council has the authority to increase the height of a structure without provision of additional setback if they determine, after a Public Hearing, that there is no adverse ~ effect on adjoining properties. 'Jl9' Mr. Criswell referred to a number of letters from individuals who support the project, which are included in the packet he previously presented to the Commission. Mr. Criswell referred to the Vicinity Map included with the staff report; he noted that the vicinity map is also a topo map, and that while the building will be one of the highest buildings in Englewood, he felt the effect of the height will be ameliorated by the fact of the topography of the area. The southwest corner of the property is the lowest point on this site; the land rises to the north and east. Mr. Criswell stated that the topography would not eliminate the effect of a building over 100 ft. in height,and it would block the view of the mountains for residents living to the east of the structure; but, he does feel the effect will be lessened by the land slope. Mr. Baldry, architect of the proposed deve lopment, briefly dis- cussed the drainage lan for the develo pment . Mr . Baldr stated th at entrances to the lower level of parking are both from South Clarkson Street, and would be at the present grade of South Clar kson Street. The top level of parking would have an entrance f rom South Emerson Street, which would be at existing grade. -5- Mr. Jones comme n~ed on a d efi c i ency of vis itor parking around apartment complexes in Ch ees eman Park and other sites . Mr. Jones asked wha t plans the developer migh t have for this situation? Mr. Criswell stated that the proposal provides 149 parking spaces, plus the addit i onal land in the 2-1/2 lots recently contracted by Mr. Kipke f r om Mr s . Solomon. Mr. Criswell stated that he felt the City would not want the additional 2-1/2 lots devoted to parking until it can be determined whether addition al parking is needed. Mr. Criswell stated that Mr. Kipke is willing to commit there will not be more than 116 cars for residents; this will leave 33 spaces for guest parking. The 33 spaces will exceed the guest parking rat io of 1:5 which is in the Ordinance. Mr. Criswell stated he felt they could demonstrate that the 1:1 ratio for resident parking is high. Mr. Criswell introduced Mr. Arthur H.Kipke, developer of t e proposed project. Mr. Criswell referred to a resume of Mr. Kipke contained in the packet given the Commission. Mr . Kipke has done projects in Peru, Haiti, Jamaica, Chile, Greece, California, and other locations all over the world. Mr. Kipke has extensive experience in the fields of engineering and finance, and has lectured on both subjects. Mr. Kipke stated that "we are dealing with a very touchy subject and a beautiful subject"; he stated that he has spent 18 months working on background information of this project. Mr. Kipke discussed his efforts to find a suitable location for the pro- posed project, and discussed the projects that presently exist for senior citizens. Mr. Kipke stated that there are presently two types of facilities available: a senior citizens home or a nursing home. Mr. Kipke stated that nation-wide surveys show that 40% +/-of the persons occupying nursing homes do not belong in a nursing home. Mr. Kipke discussed the qualifications for HUD subsidized housing for the elderly; there is no place for the more affluent elderly person who does not want to maintain a · private residence. Mr. Kipke discussed services that are available to persons from the moment of birth until they reach the age of retirement; he stated that the services avilable to persons of retirement age decline rapidly until the only service available "is that of the mortuary." Mr. Kipke stated that lower-income elderly persons can congregate in HUD subsidized units and enjoy friendships of others during the retirement years; but the more affluent elderly who do not have such a facility available to them are "quietly awaiting death." Mr. Kipke noted that in Atlanta, the development Canterbury Courts is for the affluent elderly; there is a three or four year wait for a small efficiency unit --the unit is shared with one other person. There is another three or four year wait for a one-bedroom unit after tne individual has lived in the efficiency unit. Mr. Kipke stated that the choice of site was very important; it should be ne ar a major thoroughfare --elderly persons like t o be n ear activity centers --"lots of cars and life." The -6- site should a :s near medica l faci_li ties and shopping centers. Mr. Kipke noted The Swed ish Med i c a l Complex, the Cla rks on Medi c al Build ing, and also the nearness o f t he Bullock ~ Mortuary. Mr. Kipke stated th a t the Eng le wood site mee t s all ~ the criteria fo r the se nior ci t iz e n retirement home; the re is o ne o ther si te on Mona c o h e c o u ld u se i f the approval b y Englew o od is not gra nted. Mr . Ki pke s tate d he felt the subjec t s i te was the "mo st fabu lous piece of property" he could find; he had asked t he "fines t ·brokers" to search for property that would fill the n eeds for the retirement home. Mr. Kipke noted tha t uses such as is proposed will begin to develop around large s pi t a l complexes; he noted the Craig Rehabilitation Hospital, n edi sh Me di cal Center, Clarkson Medical Building, etc. all in o e g e n e r al area. Mr. Kipke stated the proposed building will a e 115 suites for retirement persons; there is a possibility of s ome couples, but the majority of tenants will be single persons . He e s timat e d a 140 tenant maximum in the development. A d ining facility will b?. located on the 11th floor of t he proposed development; th t .e will b l ounge on the 11th floo r a l so. The dining f acility will seat 60% to 62% of the occupants at o ne time; there will ~e a full time dietician in charg~ of the dining facility. M ~. Kipke stated they plan to have a c hauffered limousine available for tenants, and a "bus" to transport tenants to shopping, etc. There wi l l be maid service avail able; there will be a balanced diet available to t he tenants for t wo meals a day --the dining facility will not serve break- fa st, but will serve lunch and dinner to those wishing to partake. The proposed development will have an infirmary, a library, a ~ coffee shop-kitchen on the first floor, there will also be a ~ ladies lounge and a separate "squire" room for the male tenants. A gift shop and chapel are planned also for the first floor. On the second floor there will be an arts and crafts room for l adies. Mr . Kipke stated that the proposed development offers a total living concept, and that it will not be "inexpensive" to reside i n th i s development. Mr. Kipke noted that in most facilities o f th i s type an "entrance fee" is required from all tenants b e- fore t hey can assume occupancy of a unit; this fee may also be cal l e d a "founder's fee." Mr. Kipke stated that he prefers to c all such a fee a "life lease" fee; he then discussed the manner i n which he proposes to operate the development. The life lease f ee would be required for the tenant, and would depreciate over a 10 -year period. He proposes that whenever a unit becomes vacant, whether by relocation or death, that the tenant or the est a t e shall receive at least half of the initial life lease fe e. Mr . Kipke st a ted there will be a "pre-selling program" condu cted before the construction of the build i ng; at th i s time, a er ent e o f t he life lea se f ee will be c ollecte f . t e persons wishing to occupy a unit in the building. These funds would be placed in trust until such time as the building is constructed; at that t i me, after the persons have determined t h e y do want a uni t , the balance of the life lease fee will be collected. e r. Kipk e s t a ted that he has ga ined great satisfaction an -7- benefits from h is work on the p roje ct thus far; he pointed out that this will be no burden on the school system , and will be a $6,000,000 tax base to the City. Mr. Martin asked if the life lease fee was to be used to recover building costs? Mr. Kipke discuss ed the fi nancing of the con- struction costs. He stated that the life lease fees will show evidence of need for such a development and that he has a stand- by commitment fo r a loan . Mrs. Pierson asked if the building would be paid for by the time it is completed? Mr. Kipke stated that he hoped it would be by the time the last tenant moved in. He stated that he will have a construction loan. Mr. Jorgenson stated he assumed there would be funds coming in to cover up-keep, etc.? Mr. Kipke stated there would be a "Mon thly Resident Living Cost", which will cover all the living expenses incurred by the resident, which he estimates will be $550/month. 'Til.is monthly resident living cost will cover ad- ministrative costs, raw food, utilities, legal, building maintenance, maid service, laundry, etc. 'Tilis will be approximately $18.69 per day per resident. Mr. Kipke stated he was sure that the resident living cost and the pro-rated life lease fee would not exceed $700 per month. Mr. Brown asked if the units would be furnished or unfurnished? Mr. Kipke stated they had initially wanted to furnish them, but were advised that most of the persons would want to use their own furnishings. They will provide drapes and carpeting. Mrs. Wade asked if it was anticipated that only a portion of the residents would use the dining room? Mr. Kipke stated they plan to serve two main meals per day per person. Mr. Parker asked about the layout of the building. Mr. Kipke stated they propose a first floor to be reached from the parking areas; this first floor will be at approximately the Clarkson Street elevation on the north side of the property, and approxi- mately 18 feet above the Clarkson Street elevation on the south end of the property. Mr. Parker asked if they planned to do grading .on the site; he stated he would hate to see the procedure followed here that was followed at the Larwin Site, where the grade of the site starts 17 ft. above the street line. Mr. Baldry stated that entrances to the parking level will be from two points from South Clarkson Street at the existing grade. Mr. Baldry discussed the construction of the proposed structure; they will use reinforced pre-stress concrete, with brick facade. The total construction of the building will m~et the requirements of the Building Code, and any other applicable codes; the units will be 600 sq. ft. to 940 sq. ft. one-bedroom or one-bedroom with dens. All units will have a small kitchen-dinette area. Mr. Baldry stated there will b e no curb cuts onto U.S. 285; there will be two cuts on South Clarkson Street to the lower -8- level parking a r~a; there wi ll be one.cut on South Emerson Street to the top deck parki ng area. A ten mi nute recess was declared at 9:55 P.M. The meeting reconvened at 10:05 p.m. Mr. Criswell asked if any member of the Commission had any questions of Mr . Kipke? Mr . Jones asked about the flo od plain level? Mr. Supinger s ta ted that a memorandum from City Engineer Sagrillo states that the site is 2 ft. above the 100-year storm level. Mrs. Pierson stated that she is impressed with the concept and design of the proposal; she is, however, concerned with the size and height of th i s structure and the location on the lot. Mrs. Pierson stated that the proposed structure will "compl · ely dwarf" the intersection and the surrounding development; she stated it is out of proportion with everything else in the area. She asked if it were possible to move the structure back on the lot so that it would not be constructed from curb-to-curb? Mr. Baldry stated that even if they had had the enti re 1/2 block available to work with, they might not have des igned the proposed project differently; he referred to the topography of the block and general area. Mr. Tanguma noted that he could determine the location of only e one catch basin in the proposed drainage system; he asked if they didn't anticipate water build up with only the one catch basin? Mr. Baldry discussed the drainage system of the site. There is sub-surface drainage system under the building. Surface drainage will be piped to the drainage basin in U.S. 285. Mr. Martin asked if there will be need to use a booster pump to get water to the 11th floor of the structure? Mr. Baldry stated that it is necessary, and will be required. Mr. Criswell further discussed the methods of financing to be used. He stated that no monies collected in the pre-sale pro- gram will be used in construction. Mr. Criswell stated the monies collected in the pre-sale program will be used to convince the lenders the proposal is a "viable product". The monies will be set up in escrow. Mr. Criswell stated that the developers will have letters of intent from individuals stating they want to reserve a unit in the canplex, and the developers would require a deposit only to show good faith; the money will be left in escrow. At such time as 50% of the units have been rese rved in the pre-sa l e program, the cons truc ti on lender woul commit for the full construction loan. Mr. K1pke will contract for the building himself. Mr . Criswell then discussed the entrance fee arrangement; he ~ noted that most e stablishments using this concept use the total ,., entrance fee over a period of yea rs ; Mr. Kipke's proposal will depreciate the entrance fee --life lease fee --50% over a . ------------------ -9- 10-year period ; a t le as t 50% o f th e entrance f e e will be returned to the individu al or t he es tate. Brie f discussi on fo llowed. Mr . Martin asked for a nyone else in favor of the project to speak. Mr. Ray Ludwig 2888 South Ogden -sta t ed that he had lived in Englewo od for Criswell is a t he proposal. men t would be Mr. Tom Rowen 28 ye a rs; in the packet presented 'by Mr. letter to Mayor Taylor from Mr. Ludwig supporting Mr. Ludwig stated he felt the proposed develop- a "splendid thing for Englewood." 513 3 South Osceola Street -stated he had a mother 80 years of age, and would like to have a facility s uch as this for her. Ms. Amy Bauer 1939 Fairfax -stated her mother-in-law resides in California; they would like to have a development such as this for her to live in close to them; she supported the proposal. Mr. Martin asked for those persons in opposition to the proposal to speak. Mr. Gary Andresen 949 East Kenyon Avenue -Mr. Andresen stated that he is a resident of Cherry Hills Village and that his property is located right across U.S. 285 from the proposed development. 'Even though he does not reside in the City of Englewood, his property is in the Englewood School District. He has lived within this area for five years. Mr. Andresen stated his property extends from South Cl arkson Street to approximately the Emerson/Ogden alley. Mr. Andresen discussed the drainage situation in the vicinity; he noted that two years ago, there was a major flood --it was a 10- year storm --that inundated his property. He asked if the storm drainage study were completed prior to the development of U.S. 285 or after completion of the highway? Mr. Supinger stated the response is based on data taking into consideration U.S. 285 as it now exists. Mr . Andresen noted t hat the flood two years ago created a lot of problems on the south side of the highway; there was water 8" over the curb line at Clarkson ; the area did not drain properly. He stated he is concerned about a~y additional storm run-off that may cause more damage. Mr. Andresen stated he had a drawing of the Highway plan, and presented same to the Commission for study . Mr. Andresen stated that the drains back up and the water overflows onto his property. -10- Mr. Andresen st a ed that h e fel t the issue of whether or not Mr. Kipke's project wou l d be constructed would be det ermined by a judge. ~ Mr. Andresen acknowledged that it was an exciting project and was unprecedented in this area; he s tated he understood the problems the developer and architect have had to solve in the design of the proposal. Mr. Andresen discussed the traffic and parking; he stated that Emerson has a 10% grade dead-ending at U.S. 285; it is a very dangerous situation in bad weather, and during an ice storm the likelihood of a run-away car coming onto his property is a v ery real possibility. Mr. Andresen stated he felt that South Emerson Street should be re-engineered. Mr . Andresen stated that the parking lot on the U.S. 285 frontage is not screened, or at least there appears to be n attempt to screen it, and the lights from automobiles pulling into the parking structure would be a nuisance. Mr. Andresen added that most parking structures he has seen are "ugly". He suggested that possibly the parking could all be placed underground; also that they might be able to provide t h r ee levels of parking and meet the requirements of the Comprehensive Zoning Ordinance. Mr. Andresen pointed out that, in his opinion, each unit with a kitchen will need at least two parking spaces --units without kitchens will need at least 1-1/2 parking spaces. Mr. Andresen stated that the Englewood Code does ~ represent "minimum standards." W Mr. Andresen discussed the matter of privacy for single-family uses to the south of the proposed development. Mr. Andresen stated he felt a structure such as is proposed could be best compared to a hotel. Mr. Andresen stated that if a building such as is proposed is allowed next to single-family zoning as is the case south of U.S. 285, then it would seem that extra-ordinary means to buffer this building would be needed to separate these two extremes in land use. Mr. Andresen stated that he felt there should be landscaping around the structure, and compared the restaurant and dining facilities to a typical Holiday Inn hotel. Mr. Andresen stated that the single-family homes surrounding this proposed structure will feel an "invasion of privacy"; he pointed out that an average development to the north of the proposed Halcyon Heights II would be in the winter shadow of the structure throughout the winter. This would also preclude a developer to the north of the structure from using solar heating in any development that might be considered. Mr. Andresen stated he felt the people of Englewood should speak to how they want their community to develop. -11- Mrs. Clayton 3550 South Emerson S treet -stated she h ad lived in Englewood 39 y ears, and would h ope t o s tay in her prese nt home. She s ta ted t he neighborhood is pretty well saturated with people now; t h e addition of 140 additional persons with the automobiles will comp oun d a problem as the carbon monoxide from t he highway is bad no w; she stated that a building of this size will "consume" the residents of the area. Mrs. Cl ayt on stated that a great percentage of residents in the area are of retirement age, and this proposed development wi ll just push them out of their homes. Mr. Cathron 3588 South Emerson -stated he had lived at that address 40 years. If the proposed development is app roved and constructed, his view of the mount a ins will be eliminated. The parking structure will be right in his f ro t yard, and it would be like looking into a wall when he would look to the west. Mr. Cathron also commented on the carbon monoxide, which is bad in the area. Mr . Cathron emphasized that this "Tower of Babel" would be a wall in front of his home, and that he and others in the area would suffer phy sic ally, mentally and financially from this developmen t . He es t i mated that 25% of the senior citizens suffer from some resp iratory problem, and he could not imagine that those persons with the financial status to afford living in such a proposal would want t o live along a six-lane highway. He stated that he had to have air cleaners installed in his home. Mr. Cathron stated that in his opinion, his property value would decrease along with his health and mental attitude if this proposal were allowed. Bill Thorney 3700 South Clarkson -stated that he has lived at this location, which is in Cherry Hills Village, for ten years, and had lived i n Englewood for 28 years. Mr. Thorney stated that his house is the first house south of the subject site on the east side of South Clarkson Street. He noted that it is impossible to get onto South Clarkson Street now during rush t r affic hours; he noted that he lives across the street from Kenyon Place, an apartment complex in Englewood and south of the St. George's Church. Mr. Thorney stated that the Clarkson - U.S. 285 intersection has more accidents than any oth er inter- section with the possible exception of Belleview and Broadway i n Englewood. He stated that in his opinion, the City does not need t h i s build i ng at this intersection . J ack Patterson 3587 South Ogden -stated this would be the tallest building i n Englewood; it will obscure all of the view of the mountains for persons living to the east of the structure. Mr. Patterson stated that he felt sewage, drainage, and water p ressure will be a problem if the proposed development is per- mitted; that new mains may have to be put in to take care of t his p roject. Pa r kin g will be a problem. He stated there is a 4 3 % vacancy rate i n condomi ni ums now, which will increase -12- as time goes o n and that t h r e a r e r e ntal uni ts now wh i ch do not r e quire a le ase. Mr . Pa tterson s t a t ed he felt the applicant could do as he wanted t o with t he property so l ong as he followed all applicable codes; he stated h e could not see how the Commission can grant variances on height or parking. Mr. Patterson stated he was against the p roje c t. Mr. Andresen pointed out that Swedish Medical complex i s located on a two-block s ite comp ri sing approximately 10 acres; t his facility is proposed for 1.2 acres. Swedish Medical complex h as ample open area and some very nice site planning went into tha t project. Mrs . Pierson asked how many employees there would be in the proposed development. Mr. Kipke stated there would be 28 emp loyees. Mrs. Pierson asked if parking had b e en provided for the employees? Mr. Kipke stated there had been parki n provided, and pointed out that some of the employees will be on a shift-basis. Mr. Criswell discussed the drainage problem along Greenwood Gulch and the needed improvement of South Clarkson Street. Mr. Criswell stated that when U.S. 285 was construc t ed , the State Highway Department was supposed to put the drai n ag e under Clarkson to empty into Little Dry Creek. Mr. Criswell stated he did not deny there are serious drainage problems on Mr. Andresen's western-most property, but that the water is coming from the east and he does not think the proposed project would ~ be adding very much run-off water to the drainage system. Mr. Martin stated that he wished to enter some letters into the record. He then read a · letter from Mrs. Ora Sorrels, and from Mayor Taylor to Mr. Moline, Administrator of Porter Memorial Hospital. The letters are as follows: Englewood City Council Cit7 Ball Englewood, Colorado Dear Sire, April 8, 1975 It ii i mp o11ible for me to attend the hearing thie evening regarding the eleven 1tory buildinc that 11 planned on the 285 Bighw8,7 between Clark1on and lmerson Streets. -13- I am completel1 oppoeed to this plan. It would 1hut off my view in that direction, it would make a complete mea1 of parking around here and we have ao litUe now. It would ruin the value of 'flf1' home here where I ha•e ·11ved .. 8 long ti•. It is a wild plan and no one with money would want to live in such a location. Such a place should be built where there ia apace. It would ruin all the propert7 around here and al~ the home owners are di egrunUed about 1uch a plan. I am comp l etely, totally against it. Sincerely, Jn , vv ((>u-<--t:e'---• Mr s . Ora Borrela 3580 South Bmeraon St. Inglewood, Colorado --.. --------- -- · . .: : . - . - '- . 1J > 1 1~ 1 fl of l ·1 J t [l i r 1 ~ 11 1 ~ 1 I f il > I : . :r . i I • ': I I I ( , l ii I 1 f .. I i !I ir '" - h~ 11 1 rt i - 1 . 11 l .. ic i. J :t ; ~ f\ - •r IJ W ' '( ~ ~ I i -~1 1 1 .. . . ~ • ~i ~' t 11 11 . i -~ ! ~ ~ 1~ 1 I J1 11 li f '1 r f !~ if 1 ~ ~~ Ir a l rt r ~ r I ,, ~i n 'I ' r !1 1 l J! r; ~ 1. 1 n l 1 I I f I' l l ~ 'I P Ir e IJ EC 1r ff i li : f ! la ~ t Ii 1 -, f• e = e I .. . . . . i+ ; > . I • -15- Parker moved: Wade seconded : The Pu blic He a ring b e closed • AYES : Pierson; Smith; Tanguma ; Wa de; Brown; Jones; Jorgenson; Martin; Parker NAYS: None The motion carried . Mr. Martin stated that the request for alley vacation in Block 4, Higgins South Broadway Heights, had been discussed in the course of the previous Public Hearing, and would not be dis- cus sed separately. Mr. Supinger stated that no Public Hearing i s required on the alley vacation; he suggested that the Com- mission might take note of the staff report, of the discussion on the previous matter and table it for further consideration. Mr . Martin suggested that a study session should be set for f urther discussion on this matter, and suggested that the om- mission might meet at 7:00 P.M. on April 22nd for a one-hour study session prior to the regular meeting at 8:00 P .M. It was so determined. IV. RALPH VANDERHORST Vacation of West Adriatic Vacation of Alley in Block 92, Sheridan Heights . • CA SE #7 -75B Ma r c h 18, 1975 March 4, 1975 Mr. Martin noted that the Planning Commission determined at the meeting of March 18th to reconsider the recommendation regarding the vacation of the alley in Block 92, Sheridan Heights, and the vacation of West Adriatic Avenue between South Raritan Street and South Tejon Street. He asked Mr. VanderHorst if there was any reason the property couldn't be developed under the Planned Development concept and delay con- s ideration of the street and alley vacation until such time as development is proposed? Mr. VanderHorst asked what the Commission concern is? He stated tha t if it is regardi n g traffic flow, Tejon Street is a north- south arterial. West Adriatic Avenue is cut thru, but is not improved, and is not used; it dead-ends at the Denver City limits. Mr. VanderHor s t s t ated that there is no de f inite development plan for the site, and that he and his brother were r equesting the vacations now so that when some proposed develop- ment does arise, t here would be no delays. Mr . VanderHorst d iscussed t he paving assessments on West Warren Avenue , t heir share of which came to approximately $20 ,000. Mr . J ones stated tha t South Rari t a n , which bord ers the s ubj e ct property on the east, is being paved south to·west Ba t es Avenue a s a main industrial s t reet. South Tejon Street on t he west o f the subject property is a main indus t rial street, and carries heavy traffic flow. Access along Evans Avenue will be improved. He stated that h e was concerned about the lack of access through a pa rce l the s i ze of Mr. Vand e rHors t 's property ; he noted that it would be a full two-bloc k s without access east and west from We s t Evans south to West Wa rren Avenue. -16- Mr. Parker s t at u that he was c o n cerned abou t the l ack of ingre ss and eg r ess to a s ite this l a rge . He s ta t ed t h a t he is not in favor o f any va c ations unless the City get s something • in return f or the va ca tion. Mr. Parker s t ated he oes n ot agree with the statement t h e vac at ion increases the over-all good to the City of Englewood throu gh t ax o as e of l a r ge developments; he stated he didn't feel large developments bring in any more tax money than developments on smaller si t es. He fe l t the Commission shou ld ask the City Attorney to find some way such requests could b enefit all citizens rather than just one or t wo. Mr . Jorgenson noted tha t by closing Adriatic Avenue, there cou ld be one large warehouse development and could effectively pre vent a~cess for fire equipment through the area. Discussion fo l lowed. Mr. Martin stated he felt the Commission should take no a c ion on the requested vacations, but only because he feels the Planned Development procedure might work better in the long run, at such time as development of the site is imminent. At that time, Mr. VanderHorst could renew his request for street and alley vacation before the Commission. Mr. Martin suggested that Mr. VanderHorst might want to withdraw his request until such time a s a definite plan was proposed. Mr. Lee suggested that the Commission shodld take some action on this matter, either approving or denying the request. Jones moved: Pierson seconded: The Planning Commission deny the request for ·vacation of the alley in Block 92, Sheridan Heights, and the vacation of West Adriatic Avenue be- tween South Tejon and South Raritan Streets until such time as a definite development plan for the subject property is be- fore the Planning Commission. Brief discussion ensued. The vote was called: AYES: Parker; Pierson; Smith; Tanguma; Wade; Brown; Jones; Jorgenson; Martin NAYS: None The motion c arried. V. D. W. GARMAN 4 5 00 B lock South E lat i -vacation o f north 75 feet CASE #9-75 Mrs . Romans stated that Mr. Garman, 4510 South Elati Street, has requested the v a cation of the north 75 feet of South Elati Street. The South Englewood Greenbelt borders Mr . Garman's -17- property to the sou th and west, and South Ela ti Street is closed to public access across the greenbelt. Mr. Ga rman's property has a depth of 67 ft. and he i s r equesting vacation of the street 8 ft. into the City property at which point South Elati Street is fenced. Mr. Garman stated that he asked for the vacation of the street , for personal reasons; motorists drive into the area and attempt to turn around , then they get stuck in his yard. Mr. Garman referred to the staff report, and noted that the utilities l ocated in the street serve his house. Mr. Garman noted that he had dedicated 56.75 ft. of his land to the City for street purposes at the time he replatted that area. There was curb and gutter installed when the City began the greenbelt project, and now there is no curb. Mr. Garman discussed the access to his property, and his desire to be able to park in front of his property on Elati; if no parking signs are erected, a s wa s suggested, they would apply to him also. Mr. Garman stated that he would like the full width of the street vacated so that he would have some control over it. Mr. Garman then stated he would like to have the east 1/2 of the street back so he could have access to his drive-way. He stated there shou ld be some way to prevent persons from driving down that porti on of South Elati Street. He stated that he is in the process o f bu ilding a garage on the south side of his property and would like to use a portion of the street, if vacated, as an area to park cars when he has company. Mr. Jones noted there might be pedestrian traffic that would be using the sidewalks in this area. Mr. Jones noted the proximity of the school to this area. Discussion followed. Mr. Brown noted that the street might have to be cut through at some time in the future, and this vacation could create problems at that time. Mr. Garman stated that he didn't see any problem. Discussion ensued. Jones moved: Wade seconded: The request filed by Mr. D. W. Garman, 4510 South Elati Street, to vacate the north 75 feet of the 4500 block of South Elati Street be denied for the following reasons: 1. The right-of-way is needed to provide access to and through the South Englewood Drainage Parkway and this continues to serve a public purpose. 2. There are utilities located within the right-of-way. 3 . It has not been demonstrated toot it would be to the interest of the public to vacate this right-of-way. -18 - 4. The applic an t will have the use of the right -of-way for access to his prope rty a nd will continue, therefore, to ~ enjoy the use of the right-of-way for one of the purposes ~ th at it was original ly intended. Discussion followed. Mr. Tanguma asked if the City does not use or has no use for part of the 4500 block South Elati Street, if there would be any way that the City cou ld c ome up with an agreement with Mr. Garman so that he could use part of the street? Mr . Lee stated that the streets · a re dedicated to the City of Englewood, the Ci ty holds in trust for use of the public as · right -of-way. Mr. Lee stated that he would question the right of the City, as trustee of a piece of property for the use of the public, to make an agreement for that use which might ex- clude the public. It would not be a proper agreement for he City to enter into. When the City does not need the street, it should be vacate d and revert to the adjoining property owners. Mr. Tanguma stated that if the City no longer has use for it, he sees no reason why it shouldn't be given back to the person who gave it to the City in the first place. Mrs. Pierson asked if the City needed the property at a later date, if condemnation procedures would be available to the City? Mr. Lee stated that condemnation proceedings would be available e to the City; the City would have to go to Court to determine the value of the land. Mrs. Pierson asked Mr. Garman if he had dedicated the land to the City initially? Mr. Garman stated that he subdivided his property and gave the street at that time. The vote was called: AYES: Martin; Parker; Smith; Tanguma; Wade; Brown; Jones; Jorgenson NAYS: Pierson The motion carried. VI. DIRECTOR'S CHOICE. Mrs. Rom ans stated that City Council had referred two matters to the Commission for their consideration. One matter deals with RTD and the second matter is in reference to a Master Street Plan in the Santa Fe -Union annexation area. Mrs. Romans suggested that regarding the Master Street Plan, the Commis sion might want to set a special meeting and invite Public Works Director Waggoner to meet with the Commission. Mrs. Romans suggested that possibly input from the Traffic Engineer on the RTD matter would be helpful. She stated that there would have to be load count s taken at bus stops. .. -19- Mr. Martin sugges t ed that perhaps some of the preliminary work cou l d be out o f the way before it gets to the Commi s sion. Mr. Martin asked the status of the court suit regarding the annexation. Mr. Lee stated that we are now awaiting a d ecision on the matter. Discussion followed. Mr . Jones stated that on RTD, they need to know where the bus shelters should be located. Mrs. Romans handed members of the Commission a news release r egarding a request for the resignation of the Director of Co mmunity Development. She stated that Mr. Supinger felt it wou ld be better for the members of the Commission to read about it at the meeting than in the newspaper the next day. Mr. Parker asked that his comments be recorded, and stated t hat he thinks the City Manager has made an error; he does not think Mr. Supinger has lost the confidence of the Community; he thinks only a f ew people in downtown Englewood are behind the effort; they are saying "we don't want him any more because hs is destroying our way of life"but maybe he is helping our way of life. Mr. Parker referred to a "traumatic election" resulting from the Core Area Plan and stated that did not mean Mr. Supinger was the originator of the Core Area Plan. Mr. P arker stated he felt Mr. Supinger is a victim of circumstances that occurred about the time the Core Area Plan was under con- sideration. Mr. Parker stated that he felt the manner in which Mr. Supinger and Mrs. Romans have worked together, the City has a team that is pretty well unbeatable. Mr. Parker emphasized that the request for Mr. Supinger's resignation is an error. He stated that he felt ·the City Council made an error when they shifted the responsibility to City Manager Mccown; the Council should have given some determination on the matter. Mr. Brown stated that he did not feel Council made an error; he noted that the matter is not up to determination by the Council , and the City Manager is doing his job. Mr . Parker stated that the paper is "very inadequate", but it more or less said that Council had said that this is the manager's job. Mr. Parker pointed out that the City Manager is responsive to the views of Councilmen. Mr. Br own stated that Council has studied the matter and have expressed t heir views, but they could not make the final deter- mination; that is the manager's responsibility. Mr . Parker stated that he personally feels the Council should have made a few suggestions to the City Manager. Mr. Brown stated that the Council is very concerned; the City Manager c ould have followed any suggestions he wanted to; it was in his power to do what he felt was best. -20 - Mr. Tanguma s ta~ed it is his op 1n1on Mr. Supinge r was doing his j o b , and t hat the City will lose a v ery de dicate employee. Mr. Tanguma re fer red to wording in the n e ws rel eas e , which he feels indic a tes that Ci ty Co u nci l suggested very strongly that Mr . Supinger be asked to resign. Discussion ensued. Mr. Brown sta ted that he p ersonally feels Mr. Supinger has done an outstanding j ob, and feels that his resignation will be the Ci ty's loss. He stated that he could not speak for the City Counc i l , but he does pe r sonally feel the resignation will be a grea t loss to the City; Mr. Supinger is dedicated, and has con tributed a great deal to the City. The meeting adourned a t 12:15 A.M . . {fu~ fl ~'4-G~rude G. Welty Recording Secretary •