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HomeMy WebLinkAbout1987-02-18 PZC MINUTES• • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION FEBRUARY 18, 1987 CALL TO ORDER. The regular meeting of the Englewood Planning and Zoning Commission was called to order by Chairman Carson in the In-Service Training Room of the Parks De- partment at 7:00 P. M. Members present: Russell, Mulhern, Allen, Barbre, Beier, Carson, Hanson, Magnuson Romans, Ex-officio Members absent: Maunakea Also present: Mary Alice Rothweiler, Planner I Wm. Richard Hinson, Assistant Director of EURA II. APPROVAL OF MINUTES. February 3, 1987 Chairman Carson stated that the Minutes of February 3, 1987 were to be con- sidered for approval. Beier moved: Mulhern seconded: The Minutes of February 3, 1987 be approved as written. Mr. Allen stated that he had listened to the entire tape recording of the meeting of February 3, 1987; therefore, he would be voting on matters pertain- ing to that meeting. The vote on the motion to approve the minutes was called. AYES: Mulhern, Allen, None Barbre, Beier, Carson, Hanson, Magnuson, Russell NAYS: ABSENT: Maunakea ABSTAIN: None The motion carried. I I I. FINDINGS OF FACT Auto World International 3655 South Broadway CASE #4-87 Chairman Carson stated that the Findings of Fact for Case #4-87, Revocation of the Conditional Use approval granted to Auto World International, were to be considered for approval. Magnuson moved: Mulhern seconded: The Planning Commission approve the Findings of Fact for case #4 -87 as written . -1 - AYES: NAYS: ABSENT: ABSTAIN: Allen, Barbre, Beier, Carson, Hanson, Magnuson, Mulhern, Russell None Maunakea None The motion carried. IV. DULANEY REZONING REQUEST R-1-C, Single-family Residence to R-3, High Density Residence CASE #3-87 Chairman Carson announced that members of the Planning Commission would ad- journ to the other room for a short Executive Session. * * * * * * * * * * The members of the Commission came out of Executive Session at 7:30 P. M. Mr. Carson stated that the Dulaney Rezoning Request had been tabled by the Commission at their meeting on February 3, 1987; this matter does need to be raised from the Table for further discussion. Mr. Allen reiterated his earlier statement that he had listened to the entire tape of the meeting, and would be qualified to vote on this issue. Allen moved: Barbre seconded: AYES: NAYS: ABSENT: ABSTAIN: Barbre, None Maunakea None The Dulaney Rezoning Request be raised from the Table for further consideration . Beier, Carson, Hanson, Magnuson, Russell, Mulhern, Allen The motion carried . Mr. Allen stated that he listened to the tape of the Public Hearing, and has reviewed the information and exhibits that have been submitted to the Commis- sion. He stated that Swed i sh Medical Center has stated in writing that they have no plans to develop parking facilities north of East Girard Avenue. Mr. Dulaney, the applicant, wants to have the entire area between East Floyd Avenue, East Gi rard Avenue, the Grant/Logan alley and the center line of South Pearl Street, rezoned to R-3, High Density Residence. Mr. Allen stated that he is of the op i nion the R-3 designation is a proper zoning for that area, and would vote in support of the application. Mrs. Russell stated that she thinks the rezoning of this area will present to all parties concerned great opportunities; the residents will have the poten - tial to redevelop an area that has been identified as deteriorating; the rezoning will also be of benefit to the developers who would be able to make a profit from the i r projects . Mrs. Russell stated that she also felt there is potential damage that would go along with the rezoning; that being the damage that the c i tizens may rea l ize if the redevelopment is not done properly. There must be so me way to assure the redevelopment is compatible with the sur- rounding area. This rezoning with no assurances could give a "windfall" to the developers without getting anything for the citizens or City in return. -2 - • • • • • • Mrs. Russell stated that she understood that the type of development cannot be negotiated, and that rezoning cannot be granted for a particular development, but only on the basis of a geographical area. Mrs. Russell suggested that perhaps the laws governing the granting of rezoning should be modified. Mrs. Russell stated that inasmuch as the Commission and City would have so little control over the total redevelopment of the area, she would vote in opposition to rezoning the entire area. Mr. Hanson stated that he shared Mrs. Russell's feelings, and pointed out that other uses allowed in the R-3 High Density District, such as professional of- fice buildings or parking lots, would not be compatible or appropriate in a residential neighborhood. Mr. Hanson stated that he felt the rezoning should be tied to a Planned Development to be considered at the time of the rezoning request, which would enable the Commission and citizens of the area to know what development will be occurring. If the Commission were to determine that a density less than that proposed by a developer was more realistic, the developer might not find the rezoning to be as feasible. Mr. Hanson stated that he could not support rezoning the total area as proposed. Mr. Barbre stated that he would agree with Mr. Allen's statements, and would support the rezoning request as proposed. Mr. Barbre stated that he did not feel that "partial rezoning" was proper, and that it is not good zoning prac- tice to break zoning boundaries mid-block. He felt that the rezoning would benefit the neighborhood and the City. Mr. Beier stated that he would support granting the rezoning in its entirety as requested by the applicant . He stated that he is of the opinion that the "development" of the area is another question entirely, and is in support of granting the rezoning. Mr. Mulhern stated that the Comprehensive Plan projects this area for high density development. He stated that he is of the opinion that the rezoning could help improve an area that is in decline, and is in support of the rezon- ing request. Mr. Magnuson stated that this area is not in decline, but is on the "upswing''. Young families are moving into the area and are indicating a desire to main- tain and improve their properties. Mr . Magnuson stated that, in his opinion, with developments of rentals, townhomes, or condominiums, or professional of- fice buildings, there will not be families with children moving into the area. Mr. Magnuson stated that he will vote in opposition to the rezoning request. Mr. Carson stated that he is in favor of the rezoning. This is an area of single family zoning that is protruding into an area of high density residence zoning, and should be rezoned in accordance with the Comprehensive Plan, and developed for R-3 density. Mr. Carson stated that he will vote in favor of the rezoning. Mr. Magnuson stated that he wanted to emphasize that the Comprehensive Plan is not "etched in stone", and that the Commission is, in fact, in the process of re-evaluating the Plan. Mr. Allen pointed out that the revision of the Com- prehensive Plan is a continuous process, and that if zoning changes were to be held in abeyance until the revisions are completed, nothing would be done . -3 - In response to a question from Mr. Hanson, Mrs. Romans stated that the Com- prehensive Plan does show this area as high density residence; the R-3 Zone District does permit professional offices. Mr. Carson asked for a motion. Allen moved: Mulhern seconded: The Planning Commission approve and recommend to City Coun- cil that the rezoning request filed by Mr. Patrick Dulaney on behalf of Marrs Development Corporation for a change of zone from R-1 -C, Single-family Residence to R-3, High Den- sity Residence, for the following described area be ap- proved: Bounded on the north by the center line of East Floyd Avenue; on the east by the center line of South Pearl Street; on the south by the center line of East Girard Avenue, and on the west by the center line of the Grant/ Logan Alley. AYES: NAYS: ABSENT: ABSTAIN: Beier, Carson, Mulhern, Allen, Hanson, Magnuson, Russell Maunakea None Barbre The Chairman ruled that the motion had carried. v. KEY SAVINGS & LOAN ASSOCIATION/URBAN RENEWAL AUTHORITY Creekside Subdivision Waiver CASE #5-87 Mr. Carson asked that Mr. Hinson make the presentation on this case. Mr. Hinson stated that the property owner and applicant is Key Savings & Loan, and he is making the presentation on Key Savings' behalf. The Urban Renewal Authority will have to purchase a portion of the Key Savings property south of West Hampden Avenue for flood control improvements along Little Dry Creek. The property owned by Key Savings & Loan has never been subdivided, and ac- cording to the Subdivision Regulations, property must be platted or a waiver to that requirement obtained prior to the sale of a portion of the site. Mr. Hinson stated that the alleys and easements in existence on the property will remain the same, and the Key Savings office building will remain untouched by the Authority. The parcel needed is to the west of the existing parking lot for Key Savings . Members of the Commission referred to a copy of the proposed plat to determine the parcel to be purchased by the Urban Renewal Authority. Magnuson moved: Hanson seconded: The Planning Commission approve the Creekside Subdivision Waiver as presented. AYES: NAYS: ABSENT: ABSTAIN : Carson , Hanson, Magnuson, Mulhern, Russell, Allen , Barbre, Beier None Maunakea None The motion carried. -4 - • • • • • • VI. PUBLIC FORUM. CONDITIONAL USE Liberty Lease Co., Inc. 3655 South Broadway CASE #6-87 Mrs. Romans stated that at the meeting of the Commission on February 3, 1987, the Commission, after a Public Hearing on the matter, revoked the approval given Mr. Hack, Auto World International, to operate a used car sales lot at 3655 South Broadway. Mr. Hack had repeatedly violated the provisions of the Conditional Use, and admitted during the course of the Hearing that he did so with full knowledge and intent. Mr. Romans stated that she had received telephone calls from Mr. Bagnall and Mr. Collins, both of whom are with Metro Brokers. They want to get another lessee on the property as soon as possible so they will not suffer further rent loss. Mrs. Romans stated that there is a provision in the Comprehensive Zoning Ordinance whereby a new lessee may view the previously approved Condi- tional Use plans, restrictions, and conditions and appear before the Commis- sion to state whether he will or will not abide by those plans, restrictions and conditions. If the applicant agrees to abide by the conditions, the Com- mission may grant approval to the new lessee to take over the Conditional Use. Mr. Larry Ralls, president of Liberty Lease Co., Inc., contacted Mrs. Romans and came in to view the file for Auto World International. Mr. Ralls was given all the information on the conditions imposed on the operation of an auto sales lot on the site, as well as a copy of the plans which were ap- proved. Mr. Ralls is in attendance this evening to speak to the Commission on his proposed use of the site. Mr. Ralls addressed the commission, and stated that he has been in the auto leasing business for 15 years. He stated he has looked at the plans submitted by Mr. Hack for Auto World International. He stated the only change he would like to make in the plans is to close off the southern-most drive way fronting on South Broadway; there would be a drive open all day long from the north curb cut to the alley, which would give a through access way from Broadway to the alley during the business hours. Mr. Ralls stated that he would also request a change in the way the vehicles are parked on the lot; he would ask for permission to park vehi~les at an angle on the site. Mr. Carson asked if Mr. Ralls would abide by the 10 foot setback along the front of the property. Mr. Carson also asked Mrs. Romans if the Fire Depart- ment had any problems with the closure of the south entrance. Mrs. Romans stated that there would be no problem with this closure. Mr. Ralls stated that he is aware of the 10 foot setback provision, and will abide by this restriction. Mr. Ralls stated that in his business, he will be leasing new vehicles, and selling used cars. He proposes to block the southern entrance by installing additional upright barricades; this would pro- vide space to park an additional three vehicles. The driveway would be closed at night with chains across it, and the rear gate would be locked. Mr. Ralls stated that he understood that the landscaping that is installed on the site must be maintained . Mr. Barbre asked Mr . Ralls if he felt he could operate the business and main- tain the 10 foot setback, or if he felt the imposition of the setback would -5 - inhibit view of the business. Mr. Ralls stated that he felt he could operate the business successfully, and still maintain the 10 foot setback. Mrs. Russell asked how many employees Mr. Ralls had. Mr. Ralls stated that he has five employees. The parking for the employees was discussed; Mr. Ralls stated that the employees would not be parking on the street, but at the rear of the site. Mrs. Russell stated that she is pleased to see the City placing controls on the operation of vehicle sales lots, and hoped that Mr. Ralls would realize that the enforcement of these provisions is a serious matter. Mr. Carson asked for a decision from the Commission. Allen moved: Magnuson seconded: The Planning Commission approve Mr. Larry T. Ralls, Liberty Lease Co., Inc., as the new lessee at 3655 South Broadway. Mr. Ralls is hereby granted permission to operate a vehicle leasing/sales lot at the aforesaid location, provided Mr. Ralls abides with all conditions and restrictions imposed on the previous tenant, Auto World International. Mr. Ralls is also granted permission to close the south en- trance on South Broadway, and to park the vehicles on the site at an angle. AYES: NAYS: Hanson, Magnuson , Russell, Mulhern, Allen, Barbre, Beier, Carson None ABSENT: Maunakea ABSTAIN: None The motion carried. It was announced that Mr. Maunakea is a patient in Fitzsimmons Hospital. It is expected that he may be released on Thursday or Friday of this week. VII. DIRECTOR'S CHOICE. Mrs. Romans stated that she had nothing to bring before the Commission. VIII. COMMISSION'S CHOICE. Mr. Allen discussed a recent article from the Denver Post regarding the issue of trash collection and disposal . He stated that he will bring the article to the next meeting. Mr. Carson stated that he had received a notice of the annual Denver Regional Council of Governments banquet, which will be held at the Denver Athletic Club. He stated that he did not think he would be attending this year, but suggested that anyone interested in going should do so. Mrs. Romans stated that there is money budgeted and the City would pay for the attendance of the member; any guest would be at the expense of the Commissioner. Mrs. Romans suggested that if members were interested in attending, to call the office and reservations would be made for them. -6 - • • • • • • There being nothing further to come before the Commission, the meeting was adjourned at 8:15 P. M . ~k~L ~,p Gertrude G. Welty 7 Recording Secretary -7 -