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HomeMy WebLinkAbout1976-04-06 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION APRIL 6, 1976 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 Tanguma. Members present: Pierson, Don Smith, Ed Smith, Tanguma, Williams, Jones, Jorgenson Romans, Ex-officio Members absent: Wade, Parker Also present; Associate Planner House Assistant City Attorney DeWitt II. APPROVAL OF MINUTES. Chairman Tanguma stated that Minutes of March 16th were to be considered for approval. Jones moved: E. Smith seconded: The Minutes of March 16, 1976, be approved as written. AYES: Pierson, E. Smith, Tanguma, Williams, Jones, Jorgenson ABSENT: Parker, Wade ABSTAIN: D. Smith The mo.tion carried. I I I. PLANNED DEVELOPMENT Plaza de Medico Jones moved: CASE #11-76 D. Smith seconded: The Public Hearing on Case #11-76 be opened. AYES: Pierson, D. Smith, E. Smith, Tanguma, Williams, Jones, Jorgenson NAYS: None ABSENT: Parker, Wade The motion carried . Mr. Tanguma asked for the background on the proposed Planned Development to be given. Mr. Steve House, Associate Planner, stated that the matter be- fore the Commission is consideration of a proposed Planned De- velopment in the 3500 block of South Clarkson Street; the property was posted, certificates of posting are on file, notice of the Public Hearing was given in the Englewood Herald Sentinel on March 17th. The applicant is a Mr. Bill Harvey. -2- Mrs. Wade entered and took her place with the Commission. Mr. House stated that Mr. Harvey has an option to purchase the property proposed to be developed, which property is presently under the ownerships of Mrs. C . G. Stohlman, and the European Health Spa. The City Ditch is, of course, owned by the City of Englewood. The Ditch is on the south property line of the proposed Plaza de Medico complex. The medical office complex will contain approximately 9,000 square feet, and will contain sufficient space for eight office units. The proposed develop- ment has frontage on both South Clarkson Street and South Washington Street. The zoning of the site is R-3, High Density Residence, which zone district does permit medical office buildings. The site is approximately 3 /4 acre in size; access to the site is from both South Clarkson Street and South Washington Street. The site has a grade difference of approximately 16 ft. from the north prope rty line to the south. The City Ditch, as it runs across this property, has a channel depth of approximately six or seven f eet. Mr . House stated that the staff feels the applicant has been "sensitive to the site" in regard to the proposed development, and attempts have been made in the design of the proposed development to retain existing vegetation. Mr. House stated that the applicant was urged to use the Planned Development Procedure rather than appealing to the Board of Ad- justment for variances on some matters such as the minimum front yard, the minimum side yard, parking in the front yard, and the minimum landscaping in the front yard. Mr. House stated that the side yard requirement in the R-3 District is a minimum of 15 feet from the property line; the proposed development would have a 6" side yard setback on the north. The side yard of the proposed development would abut a parking structure for an apartment complex on the north, and the staff does not feel this proposed side yard encroachment would be a negative factor. The minimum front yard in the R-3 District for a structure of this height is 15 feet; the proposed structure would protrude into the front yard setback approximately 10 feet for a triangular area of 85 square feet. Parking is not a permitted use in the required front yard of a development; however, the proposed Plaza de Medico has six parking stalls that would be entirely or partially within the front yard setback; this is due, at least in part, to the shape of the site. The staff does not feel this would be unsightly, or present a hazard to pedestrian or vehicular traffic. A minimum landscaping area of 25% of the total lot area is required, and a minimum of 40% must be in the front yard; the proposed Planned Development is deficient by approximately 670 square feet of the required landscaping; again, the configuration of the site must be taken into considera- tion --there is a narrow frontage on South Washington Street, with a curb cut; the South Clarkson Street frontage also has a curb cut, a parking area and a loading area which use much of the front yard. -3- The applicant has requested and obtained approval from the Englewood Water and Sewer Board to cover the City Ditch and to encroach on the Ditch easement for the purpose of paved parking. An encroachment agreement for the portion of the structure which will extend into the utility easement that was retained when the north/south alley was vacated will have to be granted by the City Council. The encroachment into the easement would be approximately 12 feet. Mr. House noted that the staff recommends approval of the proposed Planned Develop- ment, and noted that Mr. Harvey, the applicant, is in the audience. Mr. Tanguma asked Mr. Harvey for his presentation. Mr. Harvey, #4 University Lane, stated he had some slides of the site he wished to present. Following the slide presentation, Mr. Harvey stated he felt the developers had done a "pretty good job'' on a difficult site and have displayed some originality in the proposed development. He stated that 40% of the office space is fully committed, and interest has been indicated in all of the office space. Mr. Harvey stated they hoped to break ground around the first of June, and hope to have completion by the first of January, 1977. Mr. Jones asked if Mr. Harvey owned the structure that would have to be demolished? Mr~ Harvey stated that he has an option on the total site, and will close later this month. Mrs. Pierson discussed the grade of South Clarkson Street, and the hazardous situation that could occur with cars exiting the Plaza de Medico parking lot below the crest of the Clarkson hill .. Mr. Harvey stated that the entrance to the apartment com- plex parking structure is at the crest of the hill; and the exit/entrance to the Plaza de Medico parking area is below the crest. Mr. Jones discussed the traffic pattern shown for the proposed development --one way in from South Clarkson Street, one-way out to South Washington Street --as was indicated on the plans. Mr. Jones asked the distance between the curb cut into the site and U.S. 285; he stated that he felt there could be problems in the winter time with persons attempting to make a left-turn into the parking area from the north-bound lane and cars stacking up for the light at Clarkson/U .S. 285. Mr. Harvey stated that he does not consider the traffic flow to be a serious factor, and has, in fact, discussed the possibility of reversing the proposed traffic flow on the site. Mr. Harvey stated he had no positive answer to Mr. Jones concern. Mr. Don Smith asked if Mr. Harvey's purchase of part of the Spa property included any of the Spa parking area? Mr. Harvey stated that it did not. Mrs. Pierson asked if there could be movement from the Spa parking lot to the parking lot for Plaza de Medico? Mr. Harvey stated there would be a continuous curb -4- or curb stops in place to prevent travel back and forth. Mr. Jones asked where the Halcyon Heights II entrance was in relation to the Plaza de Medico entrance? Mr. House indicated the general area of entrance to HH II on the map. Mr. Jones asked about the sewer lines from the Spa, and those of Halcyon Heights IIo He asked if there is any portion of the proposed Plaza de Medico that would be built over a sewer easement? Mr. House stated that one of the structures would extend into the utility easement approximately 12 feet. Mr. Harvey stated that the portion of the line under his building would be encased in iron, and there would be a man- hole right at the corner of the building for maintenance purposes. Mr. House stated that Utilities Director Carroll is concerned about the encroachment onto the easement, and suggested that the applicant obtain an encroachment agreement. Mr. House stated that he felt the concern was more the encroachment into the easement rather than construction over the sewer line. Mrs. Pierson asked if there is a basement level proposed for the development? Mr. Harvey stated there is no basement pro- posed. Mr. Harvey discussed the sewer drainage from the develop- ment in the area; the 36 unit apartment house drains to the south rather than to the north. Mrs. Wade asked if Mr. Harvey had had any communication with the people who own the parking structure abutting his property on the north? Mr. Harvey stated that he had talked to them; the developer has made the soil report available to him for his perusal o He stated that the wall will be reinforced during the constructioq of Plaza de Medicoo Mr. Tanguma asked if there were anyone in the audience who wished to speak in favor of the proposal? No one spoke in favor. Mr. Tanguma then asked if there was anyone who wished to speak in opposition. No one spoke in opposition. Jorgenson moved: Ed Smith seconded: The Public Hearing be closedo AYES: Jorgenson, Pierson, Don Smith, Ed Smith, Tanguma, Wade, Williams, Jones NAYS: None ABSENT: Parker The motion carried. Discussion ensued. Mrs o Romans noted that there has been discussion of reversing the flow of traffic to and from the site, and the possibility of flanging the curb cuts to control turning movement has also been consideredo She stated that she felt Mr o Harvey would be agreeable to this proposal. Mr. Harvey indicated that he would be in favor. Mr. Jones suggested -5- that it is possible that a left-turn pocket would have to be implemented on South Clarkson Street in the future to handle some of the turning movements. Mrs. Romans pointed out that the staff had assumed the encroach- ment into the utility easement could be taken care of with the PD, inasmuch as the PD must be approved by the City Council; the Utilities Director had indicated earlier in the day that possibly the matter should be referred to the Water Board, also. Don Smith moved: Wade seconded: The Planning Commission recommend to City Council approval of the Plaza de Medico Planned Develop- ment for the following reasons: 1. The Planned Development as proposed meets the legislative purpose and intent of the Planned Development District, §22.4A-l of the Comprehensive Zoning Ordinance. 2. The applicant has submitted all the necessary information and met all the necessary requirements for a Planned Develop- ment application. 3. The Planned Development is consistent with the intent of the Comprehensive Plan. 4. The proposed Planned Development will be compatible with the surrounding development and will be a beneficial complement to the area. 5. The proposed Planned Development is one that has taken into account the uniqueness of the site and is one that will improve the quality and usefullness of the land. 6. The proposed landscape design is one that is very sensitive to the existing condition of the site and attempts to preserve much of what is desirable to the site. -6- AYES: Jones, Jorgenson, Pierson, Don Smith, Ed Smith, Tanguma, Wade, Williams ~ NAYS: None ABSENT: Parker The motion carriedo A ten minute recess was called at 7:50 p.m. The meeting re- convened at 8:00 p.m., Chairman Tanguma presiding. Members present: Williams, Jones, Jorgenson, Pierson, Don Smith, Ed Smith, Tanguma, Wade Members absent: Parker IV 0 MARDESEN ANNEXATION PETITION Lot 6, Bell Isle Gardens CASE #12-76 Mr. Tanguma asked Mrs. Romans to give a background on this request. Mrs. Romans indicated that area included in the petition for annexation on the map; the property is bounded by South Windermere Street on the west, and by West Tufts Avenue on the north. The parcel is under one ownership, and does meet the l/6th contiguity requirements for annexation. The property is contiguous to the City of Englewood on the south boundary and on part of the east boundary. Mr. and Mrs. Mardesen have owned the property for three years, and were one of the few property owners who favored annexation to the City during the time the Santa Fe/Union Annexation area was in dispute. The property is zoned 1-2 in Arapahoe County, and was proposed to be zoned 1-1, Light Industrial during the time it was under City jurisdiction. If the annexa- tion is approved, the staff would again propose 1-1 zoning for the parcel. The proposed annexation has been discussed with other City Departments; the Department of Public Works has in- dicated they would require an additional 20 ft. dedication from the north side of this property for street right-of-way. West Tufts Avenue presently has a 40 ft. right-of-way in this area. Water and Sewer service is available in this particular area. The staff recommends that the annexation be approved and recommended to City Council. The annexation petition meets the criteria set forth in the Annexation Act of 19650 Discussion ensued. Mrs. Romans stated that screening would be required on the east property line to protect the adjacent residential development if the subject property were to be zoned and developed for industrial use. It is necessary for the City to begin the zoning procedure following annexation of property, and to place the property in an "appropriate" zone classification. The zoning and annexation procedures can be accomplished concurrently, but finalization of the annexation must preceed the finalization of the zoning designation. Dis- cussion ensued. Mrs. Romans noted that Mr. and Mrs. Mardesen are represented by Mr. Tom Eitel, who was present. -7- Mr. Tom Eitel stated that he represented Mr. and Mrs. Mardesen in their petition to annex to the City of Englewood. His clients have agreed to the dedication of the additional 20 feet of right-of-way for West Tufts Avenue from the north side of their property. Mr. Eitel stated that Mr. Mardesen has a prospective lessee for his property, but construction of a building has not begun, and they need to proceed as quickly as possible or Mr. Mardesen will lose the lessee. Mr. Eitel stated that he would prepare a deed for the 20 feet with a letter of instruction as soon as possible. Jones moved: Williams seconded: The Planning Commission recommend to the City Council the favorable consideration of the annexation of Lot 6, Bell Isle Gardens, based on the following reasons: 1. More than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Englewood. 2. A community of interest exists between the property pro- posed to be annexed and the City of Englewood. 3. The property proposed to be annexed can be integrated with the City of Englewood. 4. The City of Englewood can provide municipal services to the property proposed to be annexed. 5. Land in one ownership will not be divided by the annexation. The recommendation is based on the understanding that there will be a dedication of 20 feet for right-of-way for West Tufts Avenue by Mr. and Mrs. Mardesen upon annexation to the City of Englewood. AYES: Wade, Williams, Jones, Jorgenson, Pierson, D. Smith, E. Smith, Tanguma NAYS: None ABSENT: Parker The motion carried. Mr. Jones asked if it we.re necessary to take action to set the date for consideration of zoning the parcel? Brief discussion ensued. Jones moved: E. Smith seconded: The Planning Commission set a date for the Mardesen zoning hearing for May 4, 1976, 7:00 p.m., the property to be considered for I-1, Light Industrial zone classification. -8- AYES: Tanguma, Wade, Williams, Jones, Jorgenson, Pierson, D. Smith, Ed Smith NAYS: None ABSENT: Parker The motion carried. VI. DIRECTOR'S CHOICE Mrs. Romans stated that she has met with Assistant City Attorney DeWitt to discuss changes in the Handbook; they plan to have the proposed amendments to the Commission on May 4th. Mrs. Romans stated that she has checked in surrounding communities regarding fees charged for rezoning and PD's, and the list was forwarded to the Commission. Discussion followed. Mrs. Romans noted at the present time Englewood does not charge a fee for a Planned :Development, and noted that the process of approval is quite time-consuming. A PD is required in the R-2 District for four or more units; Mrs. Romans suggested that possibly a fee could be waived for PD approval in the R-2 Zone District, but require a fee for R-3, Business and Industrial District developme~ts. Mr. Smith stated that he felt PD approval is very desirable, and that the City benefits from the PD process. Mr. Tanguma agreed that the PD approval is the most desirable way to go and that we really don't want to stop progress in this area. Discussion ensued. Mr. Jones suggested that perhaps a fee could be charged based on square footage or based on the value of the structure. Mrs. Romans noted that any fee charged for a PD would have to be set by the City Council. The rezoning fee was discuss in depth; Don Smith stated that he liked the way Littleton had scheduled their fees --$100/5 acres; $200/5-10 acres; $20/acre for the next 20 acres; $10/acre all over 30 acres. Ed Smith stated he didn't feel the Littleton schedule was out of line. Discussion ensued. Mr. DeWitt stated that the Commission has the authority to set the rezoning fees, but that the PD fee must be set by the City Council. Ed Smith moved: Jones seconded: The Planning Commission adopt the following schedule for rezoning fees in the City of Englewood: $100 for the first 5 acres or any portion thereof; plus $100 for the next five acres or any portion thereof; $20 per acre for the next 20 acres, and $lb/acre for all over 30 acres. AYES: Ed Smith, Tanguma, Wade, Williams, Jones, Jorgenson, Pierson, D. Smith NAYS: None ABSENT: Parker The motion carried. -9- Mrs. Romans noted that members had been given a copy of an article pertaining to Patio Houses from the Urban Land Institute. She stated she felt this might be of interest to the members. VI. COMMISSION'S CHOICE Mr. Jones asked when the Commission planned to get together to view the Yale/Elati/Amherst area which General Iron requested be vacated. Mr. Don Smith stated that General Iron has been a long time employer in the area, and the City should do all it can to expedite the matter. Mr. Smith stated he felt the Commission could tour the facility if they would wish to do so. Mr. Jones discussed the suggestion of dedicating a 44 ft. right- of-way to the west of the Delaware/Elati alley to serve as an alternate or relocated South Elati Street, and to provide for traffic flow. Mr. Jones stated he didn't feel there would be a need for parking on at least one side of this street, and didn't feel there was need for a full 60 ft. dedication in addition to the 16 ft. alley. Mr. Jones stated that if this dedication abutting the alley on the west were not given, South Delaware would be inundated with heavy traffic. Mrs. Romans pointed out that this would put a street at the front and at the rear of these 125 ft. lots, which are developed residentially. Mr. Tanguma noted that most of 'the trucks don't use either Elati or Delaware at the present time, and most of them come in from the south. Mr. Jones stated that quite a few trucks used Amherst Avenue, and that Bob's Auto Wrecking has trucks which ·use South Elati night and day. Mr. Jones stated that Delaware Street is posted for a 7,000 lb. load limit. Opaque screening that would be required between an industrial and a residential area would serve as a sound barrier and would separate the residential area from the visual and noise impact of the industrial use. Mr. Jones emphasized that if Elati Street is vacated with no alternate route, the people on South Delaware will "really catch it." Mr. Jones acknowledged that General Iron is a long-time employer in the area, and that they have done a great deal to modernize the operation; he is concerned about the provision of some traffic route other than South Delaware Street. Mrs. Pierson pointed out that General Iron is asking for the vacation of a street valued at approximately $100,000; she stated she felt that a solution could be reached for considerably less, and still have the street. Discussion followed. Mr. Jones discussed the development of General Iron, and the efforts that were made to get them to annex to the City of Englewood. Mrs. Romans suggested that possibly the Commission could meet at General Iron to view the situation prior to the regular meeting on the 20th. It was determined to meet at General Iron to view the matter at 5:00 p.m. the evening of April 20, prior to the time of the regular meeting. -10- Mrs. Pierson suggested possibly the Commission could have sub- scriptions to some of the many publications dealing with Planning. Mrs. Romans noted that the office has a great deal of informa- tion that is available to the Commission members; the material may be checked out by an individual, or the staff could make copies of articles that seem of particular interest. Mrs. Romans noted that the off ice was given all the Planning books that belonged to the late James Supinger, and that the office has purchased many on its own. Discussion ensued on the General Iron Works request; Mrs. Wade inquired as to the facilities for employee parking at General Iron? Mr. Jones stated that there is an employee parking lot that extends from Bates Avenue south to Cornell Avenue west of South Galapago Street. Mr . Jones noted that some of the problems in the area are not caused by General Iron employees parking on the street, but the employees from some of the smaller in- dustrial offices in the area that have not provided adequate parking for their people. Mr . Jones noted that Bates Avenue carries most of the General Iron employee traffic, and that a great many of their employees live with walking distance of the firm. Discussion followed. The meeting adjourned at 9:05 p.m. '/ f) Gertrude G. Welty Recording Secretary -11- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 6, 1976 SUBJECT: Recommended Approval of Planned Development RECOMMENDATION: Don Smith moved: Wade seconded: The Planning Commission recommend to City Council approval of the Plaza de Medico Planned Develop- ment for the following reasons: 1. The Planned Development as proposed meets the legislative purpose and intent of the Planned Development District, §22.4A-l of the Comprehensive Zoning Ordinance. 2. The applicant has submitted all the necessary information and met all the necessary requirements for a Planned Develop- ment application. 3. The Planned Development is consistent with the intent of the Comprehensive Plan. 4. The proposed Planned Development will be compatible with tpe s~rrounding development and will be a beneficial complement to the area. 5. The proposed Planned Development is one that has taken into account the uniqueness o f the site and is one that will improve the quality and usefullness of the land. 6 . The proposed landscape design is one that is very sensitive to the existing condition of the site and attempts to preserve much of what is desirable to the site. -12- AYES: Jones, Jorgenson, Pierson, Don Smith, Ed Smith, Tanguma, Wade, Williams NAYS: None ABSENT: Parker The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary • -13- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE: April 6, 1976 SUBJECT: Recommended Annexation of Lot 6, Bell Isle Gardens RECOMMENDATION: Jones moved: Williams seconded: The Planning Commission recommend to the City Council the favorable consideration of the annexation of Lot 6, Bell Isle Gardens, based on the following reasons: 1. More than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Englewood. 2. A community of interest exists between the property pro- posed to be annexed and the City of Englewood. 3. The property proposed to be annexed can be integrated with the City of Englewoodo 4. The City of Englewood can provide municipal services to the property proposed to b~ annexed. 5. Land in one ownership will not be divided by the annexation. The recommendation is based on the understanding that there will be a dedication of 20 feet for right-of-way for West Tufts Avenue by Mr . and Mrs. Mardesen upon annexation to the City of Englewoodo AYES: Wade, Williams, Jones, Jorgenson, Pierson, D. Smith, E. Smith, Tanguma NAYS: None ABSENT: Parker The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. l .duku,;; /z2k~' Gertrude G. Welty ' Recording Secretary