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HomeMy WebLinkAbout1987-02-03 PZC MINUTES• • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION FEBRUARY 3, 1987 CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p.m. by Chairman Carson. Members present: Barbre, Beier, Magnuson, Mulhern, Hanson, Russell, Carson. Mr . Maunakea entered the meeting late. Members absent: All en. Also present: Dorothy A. Romans, Advisor Jack Olsen, City Attorney Joyce A. Parsons, Zoning Enforcement Officer Mary Alice Rothweiler, Planner I II. APPROVAL OF MINUTES. January 20, 1987 Chairman Carson stated that the Minutes of January 20, 1987 were to be con- sidered for approval. Barbre moved: Mulhern seconded: The Minutes of January 20, 1987 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: III. Barbre, Beier, Magnuson, Mulhern, and Carson. None. Hanson, Russell Maunakea and Allen. ELECTION OF OFFICERS. Chairman Carson stated that nominations were in order for Chairman of the Planning Commission for 1987. Beier moved: Barbre seconded: That Mr. Carson be nominated as Chairman for 1987. There being no further nominees, voting proceeded. AYES: NAYS: ABSENT: Barbre, Beier, Magnuson, Mulhern, Hanson, Russell, Carson. None. Maunakea and Allen. Mr. Carson will continue as Chairman for 1987. Chairman Carson stated that nominations were in order for Vice Chairman of the Planning Commission for 1987 . Carson moved: Mulhern seconded : That Mr. Magnuson be nominated as Vice Chairman for 1987. -1 - • • • There being no further nominees, voting proceeded . AYES: NAYS: ABSENT : Barbre, Beier, Magnuson, Mulhern, Hanson, Russell, Carson. None. Maunakea and Allen. Mr. Magnuson will continue as Vice Chairman for 1987. IV. PUBLIC HEARING. REZONING. CASE #3-87 The Chairman asked for a motion to open the Public Hearing in Case #3-87. Magnuson moved: Beier seconded: The Public Hearing for Case #3-87 be opened. AYES: NAYS: ABSENT: Barbre, Beier, Magnuson, Mulhern, Hanson, Russell, Carson. None. Maunakea and Allen. The Chairman declared the Public Hearing open. Mr. Maunakea entered the meeting. The Chairman stated he had proof of posting and publication of this matter. Dorothy A. Romans Acting Director of Community Development was sworn in for testimony . Mrs. Romans stated the area under consideration for rezoning is a pocket of R-1-C land bounded by the center-line of East Floyd Avenue on the north, the center-line of South Pearl Street on the east, the center-line of East Girard Avenue on the south, and the center-line of the Grant-Logan a 11 ey on the west. The area to the east was zoned R-3 in the early 1960's, and the area to the south has been zoned appropriately for the Swedish Medical Center Complex since prior to 1955. In 1963 there was a major revision of the Comprehen- sive Zoning Ordinance and map, and the subject area was considered for rezoning as R-3 at that time. Because it was thought that Swedish might be considering expanding its campus to the north, the area was left in the R-1-C Zone classification in order to have some control over the expansion of Swedish . By the 1970's the Swedish plans were revised to expand to the east and south rather than to the north. The Board of Adjustment approved two parking lots within the subject area, which have been the only expansions by Swedish to the north within the last few years. The Comprehensive Plan was amended in 1979 and the subject area was designated as R-3, High-Density Residential upon the recommendation of the Comprehensive Plan Review Committee. If the rezoning request is granted, the R-3 area south of East Floyd Avenue would extend from the Sherman/Grant a 11 ey to the Clarkson/Emerson a 11 ey. The Comprehensive Zoning Ordinance provides for continuity in zoning by requiring that an area being considered for rezoning be an extension of the same or like zoning and the area should contain at least one square block. -2 - • • • Swedish Wellness Center owns 22 of the 57 properties contained in the area being considered for rezoning at this hearing, which prop- erties are under contract to purchase by Marrs Development Corpora- tion. One lot has been cleared and the rest contain single-family ho mes. As far as has been ascertained, ten of the units are rented an d the rest are owner-occupied. Mr. Dulaney, the representative of Marrs Development, the applicants, has presented a document indicat- ing that 16 of the other owners in the subject area request to join in the proposed rezoning application. They, with the property under contract to Marrs Development Corporation, represent 66% of the owners of the 57 parcels. Mrs. Romans said that it is customary before a rezoning request is filed for a preapplication conference between the City staff and the applicant to be held regarding the possible imposition of conditions by the City, so the applicant knows what requirements are likely to be made. Mr. Dulaney has met with the Technical Review Committee three times and has submitted plans for a townhouse development which Marrs plans to construct on the property they have under con- tract. If the rezoning is passed, a Planned Development would be required to be submitted and approved prior to any development. A public hearing would be held on the Planned Development. Mrs. Romans said that at one time Swedish had discussed constructing one or more parking structures along the north side of Girard, but those plans have been dropped. Swedish is not involved in this hearing because Marrs Development will acquire the Swedish property if the zoning is approved . In response to questions from Mr. Hanson and Mrs. Russell, Mrs. Ro- mans said that any project involving more than four attached residential units or an area of more than an acre would require a Planned Development. She stated that the 66% figure of concurring property owners represented the 22 properties under contract to Marrs Development and the 16 owners who signed the petition submit- ted by Mr. Dulaney. She also noted that other property would be little affected by the rezoning, although some basement apartments which could meet the Minimum Housing Codes might develop and sub- standard single -family units could be replaced at two -family density. Mr. Pat Dulaney Repre sentative of Marrs Development was sworn i n for testimony . Mr. Dulaney stated that Marrs entered into a contract with Swedish on February 19, 1986 to purchase t wenty -two properties. Swedish is only involved through selling those properties. The Technical Re- view Committee and staff wanted to see if the proposal is feasible . They are all satisfied with the potential of the plan, which Mr. Dulaney displayed to the Commission and audience as conceptual. There would be townhouses, which, it is hoped, would attract owner- occupants. While townhouses are overbuilt in the Metropolitan area, this is not true in Englewood. These houses would be close to down - town and the hospital and would have 1,000 square feet of floor area, two bedrooms and two baths . Landscaping would be concentrated in the center of the complex. -3 - • • • Mr. Dulaney said this concept has worked with other cities regarding similar Planned Developments. On September 8, 1986, Marrs sent a mailing out to each of the owners within the area asking for sup- port. On November 14 a follow-up letter was sent. On November 19 and 20 his office tried to contact owners but were not able to per- sonally contact all of them. On November 24, 1986, his office mailed a notice of a meeting, which some of the owners attended on December 2. On December 12, an application was submitted for the rezoning and on January 17 the property was posted. He emphasized that the project is not connected with Swedish. He added that the Englewood Housing Authority had been notified of Marrs' willingness to donate any of the houses that would be removed to the Authority for relocation. In response to a question from Mr. Hanson, Mr. Dulaney said that the townhouses would be built in three stages. The first two stages would contain 2.25 acres and 50 units. The third stage would have 38 units on 1.63 acres. The price per unit will be approximately $55,000. They will be residential, of frame construction with brick accents, no basements and possibly optional fireplaces. He said they would meet the minimum requirements of the Landscape Ordinance, and would try to install low-maintenance landscaping. Mr. Beier asked if a Condominium Association would be necessary. Mr. Dulaney said it would, even though there would be few amenities; there will be a common area, parking and the landscaping which must be cared for . Mr. Dulaney was asked if the signatures on the petition were from owners, rather than renters. Mr. Dulaney said to the best of his knowledge they are owners. He said the proposed units would be in groups of seven and five and would be two story units with no base- ments. He would submit a Planned Development within 60 days of the approval of the rezoning. They have not proceeded with plans be- cause studies for traffic, engineering, soils, etc. are expensive. They wil 1 be made after the rezoning, and while those studies are proceeding, the final architectural planning will take place. They would hope to begin construction this summer. Mr. Dulaney described likely buyers to be young working couples and Swedish employees. The parking would meet the requirements of the Zoning Ordinance---1 1/2 parking spaces for each unit and one guest space for each five units. This will be provided on the property. All of the units will be for sale. There were no further questions. Fred Denton 801 East Floyd Avenue was sworn in for testimony. Mr. Denton lives on the north side of Floyd Avenue, two blocks east of the subject area. He noted that the area to the south of the subject property is R-3 and has apartments. The major impact of a new deve 1 opment will be to the peop 1 e on the border of the area. There is already a high rate of traffic, noise and accidents. In his opinion, there is room for no more people . He stated that City Council is trying to protect and preserve single-family residences and he supports them in this concept. -4 - • • • Mr. Carson said that Council wants to preserve all residential units, not only single-family. Mr . Denton said, if he were permit- ted a vote, only single-family development would be allowed in the subject area. Mr. Magnuson suggested that the location of the twen- ty-two units owned by Swedish might be used as parking lots. Mr. Denton said he'd rather have residential uses than parking lots, and that Mayor Otis had said Council was interested in preserving sin- gle-family residences. Mr. Magnuson said a balance is needed. Mr. Denton noted that some of the single-family homes in the area are very nice. There were no further questions. Mrs. Romans presented Exhibit I, a letter from James R. Thomas, opposing the granting of the rezoning. Jim Andrews 3294 South Clarkson Street was sworn in for testimony. Mr. Andrews said he and his wife are natives of Englewood who for a while lived in Colorado Springs. The nature of Englewood is homey, comfortable and is now attracting younger couples who are buying houses and improving them. The Andrews family moved back to Engle- wood because they like the atmosphere and dislike single-family residences mixed with high-density. Traffic is a problem already. He urged that the pleasant atmosphere of Englewood be preserved by the Commission's denying the rezoning. Walter DeNoyelles 3121 South Logan Street was sworn in for testimony . Pat Goode Mr. DeNoyelles suggested a survey of homeowners in a larger area, at least for three or four blocks around the proposed development. In his opinion the residents don't understand what is proposed; and by the ti me they realize it may be too late. He and Mr. Magnuson agreed that the public is often apathetic. 3443 South Grant Street was sworn in for testimony . Mr. Goode said that rezoning in an older neighborhood can have sig- nificant results. People will invest where there is stability, and changes endanger that investment. He said he is opposed to higher density, although he would be glad to see people move in who would be owners. He is concerned, however, that speculation in the town - houses may take pl ace. He asked that the Commission be sure that any new development be compatible with existing development and not be permitted to have a negative imp act on the investment made by current owners. Mr. Carson noted that a Planned Development will be required. Mrs. Russell asked if the Planned Development has any connection with the Rezoning Hearing. Mrs. Romans said that rezoning should be divorced from a specific plan. In this case there is a specific pl an for part of the property, and it was brought in for review by the Technical Review Committee . A Planned Develop- ment is necessary anytime more than four attached units or an area of an acre or more is involved. Council may or may not have a public hearing for a -5 - •• • • Planned Development, but the Commission will have a public hearing. An ap- proved Plan must be followed . Mr. Mulhern felt that the quality of development that would attract owner- occupiers would not have any detrimental effect on the neighborhood . Mrs. Romans noted that Mr. Goode lives in an R-3 district. When it was zoned R-3 in 1970, some of the substandard houses were demolished and replaced by three- s tory walk-ups, but the more sound houses were not replaced. It has become a mixe d use area, as would probably happen in the subject area. Richard Jolk 3290 South Pennsylvania Street was sworn in for testimony. Mr. Jolk stated that he lives across the street from the proposed development. He noted that Federal Housing money is available to help with renovating older homes. He asked that a rezoning not be granted unless both the City of Englewood and Marrs Development profit together. He asked why only $55,000 condominiums. In his opinion there are too many condos already. 54 units that may not meet the aesthetic value of quiet, charming homes in the area would be a detriment to the whole City. He suggested 1500 square feet and $80,000 units would be better, and also suggested garages. The parking will be outside, according to the plan. He also noted that if the Commission passes the zoning change any developer can bring in any plan, not necessarily the one presented by Mr. Dulaney. He was concerned that there would be absentee owners and no maintenance of the property . Mr. Maunakea said that older people move into condominiums, leaving single-family homes for younger people. This is part of a natural evolution, and encourages progress. Mr. Hanson reminded Mr. Jo l k that a Planned Development Hearing would be required for any development larger than a single triplex. Mr. DeNoyelles said that if you can have single-family, two-family, three- family dwellings and townhouses, as well, that there will be a "mishmash" of development. Robert Merriman 3211 South Logan Street was sworn in for testimony. Tim Stark Mr. Merriman said that the proposal would eliminate 22 existing houses, replacing them with 54 units. There are already constant accidents in the area. After 4:00 p.m. there is solid traffic from Floyd to Eastman. He asked, when there are already homes for sale at comparable prices, why does a developer think townhouses will sell quicker? 3246 South Lincoln Street was sworn in for testimony. Mr. Stark said he owns four properties, three rentals and a res- taurant at Logan and Hampden. The increasing density wi 11 help business; the City is making many improvements, and it needs revenue. However, he asked that the Commission ensure that what is -6 - • • • put in will not be of low quality. He suggested that it is possible to improve what is now run down . Mr. Maunakea assured Mr. Stark the Commission would take care. Pat Goode returned to ask if the Planned Development and rezoning could be tied together. Mrs. Romans said a Planned Development would be only for the property under contract to Marrs, and would not apply to the rest of the area. It is the City's policy to rezone whole blocks, not smaller areas. Mr. Dulaney returned to the podium. Mr. Dulaney said only the people who lived or owned in the subject parcel were contacted by his office. He said they have respect for the communi- ty and hope that the Planned Development will answer some of the questions. Mrs . Romans said she is delighted at the interest shown by the speakers, and suggested that there is an opening on the Board of Adjustment and Appeals for which one of them might apply. She hoped they would continue to be involved in the City. The Chairman asked for a motion to close the public hearing. Magnuson moved: Beier seconded: The public hearing for Case #3 -87 be closed. AYES: NAYS: ABSENT: Barbre, Maunakea, Beier, Magnuson, Mulhern, Hanson, Russell, Carson. None. All en. The Chairman ruled the public hearing was closed. Discussion followed. Mr. Beier said that no one from the affected area was against the zoning, all the speakers were from outside the area. Mr. Barbre said he leans toward rezoning because the area needs improvement, and this would be a good buffer zone. Mr. Magnuson said there are a lot of young people moving into the area, and they have made a commitment to stay. There are fewer rental properties. This rezoning and the project presented would be an encroachment into the single family district. He was also of the opinion that the marketplace may not sup- port owner-occupied townhouses. Mr. Mulhern said there were similar feelings in his neighborhood about Porter Place. The units ar e ni ce, however, and have not been a problem. It was his feeling that new development might help the area. Mr. Hanson said that the Comprehensive Plan shows high density residential in this area, but he is disturbed that no representative in the affected area spoke. He suggested rezoning only Mr. Dulaney's property . Mrs. Russell said it is difficult to separate the rezoning from the Planned Development. Whatever takes place there should be of benef i t to the communi - ty. She would prefer to see a final pl an, and wished the Marrs Development Corporation would plan unit s with basements and garages . She said the present -7 - • • • plan would seem to inevitably attract renters. She would like to change the method to consider the nature of the plan at the same time as the rezoning . In her opinion, the proposed development is too high in density. The Chairman declared a recess at 8:50 p.m. The meeting resumed at 9:00 with the same persons present. Mr. Magnuson said there are still nice homes in the area. Condominiums may increase the property value. The trend is to change from renter to owner, and he would not want to see high density intrude further into the single-family area. Townhouses would have only adults, detached homes would encourage fami- lies with children. Mr. Olsen suggested the applicant may want to change his request. He said it is possible to reduce the request to only the area controlled by Marrs Development, and then could do the Planned Development. Mr. Dulaney said he could not speak on behalf of Marrs Development Corporation or the other owners concerning an amendment to the area covered by the request, and that he did not feel at liberty to change the request. The pos- sibility of tabling the matter was discussed, and Mr. Olsen said Hearing has been closed and the purpose of tabling is not to allow further testimony. Mr. Maunakea moved: Mr. Beier seconded: Case #3-87 be tabled until 7:00 on Wednesday the 18th of February, the next regularly scheduled meeting of the Planning Commission . AYES: Barbre, Maunakea, Beier, Magnuson, Mulhern, Hanson, Russell, and Carson. NAYS: None. ABSENT: All en. The Chairman declared Case #3-87 tabled. Mrs. Romans noted that the meeting will be on a Wednesday, and will have to be held in Conference Room A. v. PUBLIC HEARING Conditional Use Revocation CASE #4-87. 3655 South Broadway. The Chairman asked for a motion to open the public hearing. Magnuson moved: Mulhern seconded: The public hearing for Case #4-87 be opened. AYES: NAYS: ABSENT: Barbre, Maunakea, Beier, Magnuson, Mulhern, Hanson, Russell, Carson. None. All en. The Chairman declared the public hearing open. Mrs. Romans stated that the violations to the conditions of the Conditional Use for Auto World International at 3655 South Broadway continue. This is Mr. Hack's second appearance before the Commission. At the first, the conditions were confirmed and clarified, and the Commission requested a report of the repeated violations. -8 - • • • Joyce Parsons Zoning Enforcement Officer was sworn in for testimony . Ms. Parson stated that Mr. Hack, doing business as Auto World Inter- national, was aware of the possibility of the revocation of his Con- ditional Use. She said she had given both verbal and written notices of the violations. At Mr. 01 sen' s request the City file and a 11 records of violation and Conditional use requirements were incorporated into the record. Ms. Parsons said that the main violation had been of the ten foot setback which the Ordinance requires to be maintained. Cars had been parked there on a daily basis. She submitted Exhibit I, pic- tures taken the day of the meeting which showed cars parked in the setback. She stated that Mr. Hack had been notified by registered mail on January 12 that the hearing to consider revocation of the Conditional Use would take place, and a notice had been put in the Englewood Sentinel on January 14, 1986. In response to questions from Mr. Olsen, Ms. Parsons stated that she had spoken to Mr. Hack, his wife and his employee about the con- tinued violations, she had given them from one to three days to com- ply. Her first written notice was on March 31, 1986, and there had never been cooperation from Mr. Hack or other persons working at the sales lot. Wi 11 i am Hack Auto World International 3655 South Broadway was sworn in for testimony. Mr. Hack stated that he had repeatedly violated the ten foot setback because his business is tucked in between two buildings. In his opinion, the City should not interfere with what is necessary for a businessman to do to market his product. He stated he has back- ground as a landscape architect, and can understand the City's want- ing to increase the aesthetic value of the area, but he did not believe that the ten foot requirement is reasonable or of value to the City. Mr. Hack said that he has no desire to do further business in the City of Englewood under this ordinance, and would be out of business within the week. He stated, in response to questions from Mr. Ol- sen, that he is in violation of the ten foot setback, and was aware that his Conditional Use could be revoked. Mr. Hack left the meeting. There was no one in the audience who wished to address the Commission in this matter. Magnuson moved: Beier seconded: The Public Hearing for Case #4-87 be closed. AYES: NAYS: ABSENT: Barbre, Maunakea, Beier, Magnuson, Mulhern, Hanson, Russell, Carson. None. All en. -9 - • • • The Chairman declared the Public Hearing closed . Magnuson moved: Maunakea seconded: Because of repeated violations to the conditions of the Conditional Use approval granted to William Hack for Auto World International, located at 3655 South Broadway, that the Conditional Use be revoked. AYES: NAYS: Barbre, Maunakea, Beier, Magnuson, Mulhern, Hanson, Russell, Carson. None. ABSENT: Al 1 en. The Chairman declared the Conditional Use revoked, asked that staff see that the business cease operation as soon as possible. VI. PUBLIC FORUM. There was no public present. VII. DIRECTOR'S CHOICE. Mrs. Romans reminded the Commission that the next meeting would be on February 18, a Wednesday , rather than the usual Tuesday . She introduced Ms. Parsons as the new Zoning Officer. VIII. COMMISSIONERS' CHOICE. Mr. Carson welcomed the two new members. Mr. Maunakea apologized for being late. IX. ADJOURNMENT. The meeting adjourned at 9:55 p.m . Sheryl Rousses, Recording Secretary -10 -