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HomeMy WebLinkAbout1987-09-22 PZC MINUTES.. • • • I. CITY .OF ENGLEWOOD PLANNING AND ZONING COMMISSION September 22, 1987 CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Carson at 7:00 P.M. Members present: Barbre, Hanson, Jolk, Maunakea, Mulhern, Russell, Carson Romans, Ex-officio Members absent: Allen, Such Also present: Senior Planner Hirsch II. APPROVAL OF MINUTES September 15, 1987 Chairman Carson stated that the Minutes of September 15, 1987 were to be con- sidered for approval. Maunakea moved: Barbre seconded: The Minutes of September 15, 1987 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Barbre, Hanson, Maunakea, Mulhern, Russell, Carson None Jolk All en, Such The motion was approved. I I I. ANGLE SUBDIVISION Preliminary Plat CASE #18-87 Chairman Carson stated that the issue before the Planning Commission is a pro- posed preliminary subdivision plat for the Angle Subdivision. Notice has been given to adjoining property owners by Certified Mail. He asked for a motion to open the Public Hearing . Mulhern moved: Hanson seconded : The Public Hearing on case #18-87 be opened. AYES: NAYS: ABSTAIN: ABSENT: Hanson, Jolk, Maunakea, Mulhern, Russell, Barbre, Carson None None Such, Allen The motion carried. Mr . Carson asked if the staff wished to address the Commission. Mrs. Romans indicated that the staff had nothing to bring forth at this time, but did in - dicate to Mr. Jolk the location of the proposed subdivision. Mrs . Romans stated that the Commission has received the staff report regarding the pro- posed subdivision, and the applicant is present. -1 - Barry Shields 4960 South Fox Street -was sworn in, and stated that he is president of Angle Tree Company. The property is owned by Charles and Rosetta Angle. At the present time, the property is being used as a tree service company, which is in com- pliance with the Comprehensive Zoning Ordinance. Mr . Shields testified that Mr. Tom Francis, President of Winsor Industries, has approached Mr. and Mrs. Angle regarding the purchase of approximately two acres on the east of South Navajo Street extended for the ex- pansion of his business. Mr. Shields stated that it is his understanding the City plans to develop South Navajo Street from West Oxford Avenue to West Tufts Avenue in the early 1990's. Mr . Shields testified that the property owners are willing to dedicate the right-of-way for South Navajo Street from Stanford to Radcliff to the City at this time, and in return for the dedication of land from the property owners, he understands that the City will pay for the improve- ments to the street. Mr. Shields stated that he fur- ther understands that, depending on the closures of intersections crossing South Santa Fe Drive, the State might contribute funds to the City which would be used for the improvement of South Navajo Street. Mr. Shields stated that if the plat is approved, the prop- erty owner would not expect the improvement of the street immediately, but the platting of the property would assure access to the two acre site which Mr . Francis has expressed interest in. Mr. Carson asked if there were questions from the Commission of Mr. Shields. Mr . Maunakea asked what .lots Mr. Francis was interested in. Mr. Shields stated that Mr. Francis has expressed interest in Lots 1 and 2 on the east side of the property. The right-of-way for West Radcliff Avenue, which bor- ders the property on the north, is already dedicated and there is access on the south from his property which fronts on West Stanford Avenue. Mr. Shields stated that Lot 8 on the northwest corner of the site is currently leased to Weitzke Railroad Tie Company . In response to a question from Mr. Carson, Mr. Shields stated that he has read the staff recommendations, and is in agreement. Mr. Tom Francis was sworn in, and testified that he is president and principal owner of Winsor Industries, located at 1351 West Stanford Avenue, which is a commercial floor cleaning company. He stated that they want to expand their business --they currently have almost 60,000 square feet, and propose a 40,000 to 50,000 square foot expansion on the two acre site to the north of their present site. If they cannot expand the business onto the adjoining property, they will have to move out of the immediate area. Mr. Carson asked if there were questions of Mr. Francis . There were no ques- tions of Mr. Francis from the Commission . Mr. Carson then asked if anyone else in the audience wished to speak in favor of the proposed subdivision plat. No one else spoke in favor. -2 - .. • • • • • • Mr. Carson asked if anyone in the audience wished to speak in opposition to the proposed subdivision. No one spoke in opposition . Ms. Susan Hirsch was sworn in, and addressed the agreement with the City on the improvement of South Navajo Street. The usual procedure is that a proper- ty owner dedicates the right-of-way, and is responsible for making the im- provements to the street, also. This is a very expensive undertaking for the property owner. The improvement of South Navajo Street is necessary for traf- fic circulation between Tufts and Oxford, and the paving may · be advanced on the overall Paving District timetable. The City also needs to install a storm drain in this area, and in exchange for the dedication of the right-of-way, the City of Englewood will make the improvements and place the street in a Paving District. Ms. Hirsch stated that Lots 3, 4, and 5 of the proposed subdivision cannot be developed until there is access from South Navajo Street. Mr. Mulhern asked what incentive the State would have to contribute funds that would be used on South Navajo Street. Mrs. Romans stated that the extent of their interest would depend on the number of intersection crossings on South Santa Fe that are closed. South Navajo Street is necessary to provide a north/south route for industrial traffic in the area. Mr. Hanson noted that in Mr. Shield's presentation, he had mentioned the pos- sibility of a cul-de-sac on West Radcliff Avenue. If there is to be a cul-de- sac, should there be a provision for additional right-of-way for the turn- around shown on the plat. It was determined that right-of-way for the cul-de- sac would not be required to be dedicated. Ms. Russell asked if a budget had been developed for the improvement of South Navajo Street. Ms. Hirsch stated that she understood the development was projected for 1992 or 1993, and that the applicants plan to ask that the im- provements be accomplished at an earlier date if possible. Mr. Mulhern asked if Mr. Shields was aware that Lots 3, 4, and 5 could not be sold or developed until South Navajo Street is developed. Mr. Shields stated that he is aware of this. Mr. Shields stated that Mr. Kahm had suggested that the property owners request the inclusion of the right-of-way in a paving dis- trict in 1990. He noted that the property owners will also have the respon- sibility of paving the right-of-way along West Radcliff Avenue. Ms. Hirsch stated that the formal agreement between the Angles and the City will be before the Commission at the time the Final Plat is considered. Maunakea moved: Mulhern seconded: The Public Hearing on Case #18-87 be closed. AYES: NAYS: ABSTAIN: ABSENT: Hanson, Jolk, None None Allen, Such The motion carried . Maunakea, Mulhern, Russell, Barbre, Carson Mr. Carson asked the pleasure of the Commission regarding the preliminary plat for Angle Subdivision. -3 - Mulhern moved: Barbre seconded: The Planning Commission approve the Preliminary Plat for Angle Subdivision with the following conditions: AYES: NAYS: ABSTAIN: ABSENT: 1. An agreement with the City concerning the dedication and improvement of South Navajo Street through this property be signed by all parties prior to final plat approval. 2. Lots 3 -5 cannot be sold prior to the improvement of South Navajo Street through this property. Jolk, Maunakea, Mulhern, Russell, Barbre, Hanson, Carson None None Allen, Such The motion carried. IV. LANDSCAPE ORDINANCE CASE #15-87 Mrs. Romans stated that copies of the staff analysis of the suggestions sub- mitted by the Chamber of Commerce were given to the Commission at the meeting of September 15. Mr. Carson suggested that each suggestion from the Chamber be discussed anq a. determination made. The first suggestion of the Chamber, regarding §16.4-18 a (1), was considered. The Commission felt that the proposed deletion was unjustified, and that this particular section should remain in the ordinance. The second suggestion pertaining to §16.4-18 b (1) (a) was considered. Ms. Hirsch stated that this provision is difficult to enforce, and could result in problems because of "selective enforcement". Mr. Hanson suggested that con- centration should be on a change of "use" rather than a change in "ownership" to trigger compliance with the landscape provisions. Mr. Mulhern asked whether the compliance notice would be directed to the tenant or the property owner. He noted that a tenant will not be inclined to comply with the re- quirements, and that the landlord, if notified of the necessity to comply, would only increase the rental rate to the tenant. Mr. Mulhern stated that in his opinion, compliance with the landscape ordinance is the responsibility of the property owner, not the responsibility of the tenant. Mr. Jolk noted that in a residential area, a tenant is expected to care for the property, and felt this should also apply in an industrial area. He ques- tioned why a tenant should be required to landscape in an industrial area in the first place. Mr. Carson pointed out that the landscaping ordinance re- quires more than keeping a property clean. Mr. Jolk stated that he would rather see a productive industrial area with no landscaping, than a non- productive industrial area with lots of trees and shrubs. Further discussion ensued. • • Mr. Mulhern stated that he did not feel the provision on the change of owner-• ship should be deleted. He is of the opinion that a change of ownership is the proper way to bring about compliance with the landscaping ordinance . Mrs. -4 - • • • Romans stated that the staff is concerned about the "selective" enforcement matter, and noted that it is extremely difficult to determine when a property changes owners. Mr. Mulhern suggested that the "change of ownership" and "change of use" are two sides of the same coin, and that perhaps the two provisions could be com- bined in some way. Mr. Barbre asked if the "change of ownership" would apply if the ownership were to remain within the same family. Mrs. Romans discussed the possible development of an "administrative variance" which could apply to a number of situations wherein there is no possibility that a property owner could comply with provisions of an ordinance. She sug- gested the staff could work with a property owner or tenant to get some com- pliance. Mr. Mulhern stated that this approach could "make a lot of sense, but doesn't really solve the problem of when the landscape compliance is triggered." Ms. Russell stated that she thought Mr. Mulhern's suggestion that the two pro- visions be combined was appropriate. Mr. Mulhern suggested that perhaps the sales tax license forms could be modified to contain a statement asking whether the sales tax applicant was renting the property or had purchased the property. Mr. Maunakea noted that several properties have been vacant for a period of time; if these properties had been landscaped, who would have been responsible for the maintenance of this landscaping. Mr. Hanson stated that the property is owned by someone, and the property owner is the responsible party for main- tenance of the landscaping. It was the consensus of the Commission that this issue should be considered further at a study session. Suggestion #3 on §16.4-18 b (l)(d) was considered, and was approved. Suggestion #4 on §16.4-18 b (2) was considered. It was suggested that the staff rewording be modified by adding the word "lot" so that it reads ... $1 x 10% of the LOT area. Further discussion ensued. Mr. Jolk suggested that per- haps the 10% figure should be on the perimeter figure rather than the total acreage of a large site. Mr. Carson suggested this provision also be con- sidered at a study session. Mr . Maunakea excused himself from the meeting at 8:20 p.m. Suggestion #5 pertaining to §16.4-18 b (3) was considered. Mrs. Romans stated that this provision was written with Cinderella City in mind. There is no landscaping provided by the shopping center itself. Discussion ensued. Ms. Hirsch stated that she felt this provision needed more study. Section 16.4-18 c (1) (a) was considered. The rewriting proposed by the staff was approved by the Commission. The seventh suggestion, on §16.4-18 c (1) (c), was considered. Mr. Hanson stated that he could see no conflict in this provision. The Commission agreed there was no conflict, and this provision was approved as written. -5 - Suggestion #8, §16.4-18 c (2), was considered. The Commission agre~d that this provision does need further study. Suggestion #9, §16.4-18 d (1) was considered. This section was modified to require 50% living material. Suggestion #10, §16.4-18 d (2) was then considered. The word "square" will be lined for deletion; the section was then approved. Mrs. Romans stated that there is nothing on the agenda for the next Commission meeting scheduled for October 6, and suggested that the Commission could study the Landscape Ordinance further at that meeting. Mr. Jolk stated that someone in his neighborhood cut down an elm tree and a pine tree, and had the wood cut for firewood. Someone from the City came out and informed this gentleman that he had to have this wood hauled off immedi- ately; that he could not stock it on his property. Mrs. Romans stated that there is a prohibition against storing elm wood on any property in the City because of the elm tree disease. v. FINDINGS OF FACT CASE #19-87 Chairman Carson stated that the Findings of Fact for Case #19-87, a Condition- al Use for a Minute Lube station at 4890 South Broadway, were to be considered for approval. Barbre moved: Mulhern seconded: The Findings of Fact for Case #19-87 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Mulhern, Russell, Barbre, Hanson, Carson None Jolk Maunakea, Allen, Such The motion carried. CASE #22-87 Chairman Carson stated the Findings of Fact for Case #22-87, a convenience store at 3101 South Broadway, were to be considered for approval. Mulhern moved: Russell seconded: The Findings of Fact for Case #22-87 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Mulhern, Russell, Barbre, Hanson, Carson None Jolk Allen, Such, Maunakea The motion carried. -6 - • • • • • • VI. PUBLIC FORUM . Mr. Carson noted that there was no one in attendance to address the Commission in Public Forum. VII. DIRECTOR'S CHOICE. Mrs. Romans stated that the Subdivision Regulations, as revised, will become effective on October 9, 1987. Mrs. Romans stated that the Planning Commissioner's Handbook is very out-of- date. Copies of sections that were in need of revision were given to the At- torney's Office some time ago, but they have not had time to address this is- sue. Mrs. Romans suggested that the Planning staff make whatever changes they can, and that this be discussed with the Commission at a study session. Mrs. Romans stated that she would schedule the study session on October 6 for Conference Room A. Mrs. Romans stated that the City Council approved the State Highway Work Pro- gram as recommended by the Planning Commission, and did not change the priori- ty list recommended by the Commission. VIII. COMMISSIONER'S CHOICE. Mr. Carson welcomed Mr. Richard Jolk to the Commission. Mr. Jolk was ap- pointed to fill the vacancy created by the resignation of Mr. Magnuson . Mr. Carson asked about the rumor he had heard that the Englewood Housing Au- thority is purchasing some of the houses owned by Swedish Medical Center. Mrs. Romans stated that EHA has made an offer to Swedish for all of the properties. Mr. Jolk asked if the Comprehensive Plan was pretty complete and encompassing. Mr. Mulhern stated that it is "comprehensive". Mrs. Russell and Mr. Carson both informed Mr. Jolk that the Comprehensive Plan will be considered for revision. There being nothing further to come before the Commission, the meeting was declared adjourned at 9:05 p.m. / . f;{-1 'il,,1..44:· Gertrude G. Welty Recording Secretary -7 -