HomeMy WebLinkAbout1977-01-04 PZC MINUTESCITY OF ENGLEWOOD PL ANNING AND ZONING COMMISSION
January 4, 1977
I. CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission
was called to orde r at 7:05 P .M. by Chairman Tanguma.
Members present: Tanguma, J ones, Jorgenson, Parker , Pierson,
D. Smith
Wanush, Ex-officio
Members absent: Wade, Williams, Ed Smith
Also present: Assistant City Attorney DeWitt
Assistant Director Romans
II. APPROVAL OF MINUTES.
Chairman Tanguma stated that Minutes of December 21, 1976,
were to be considered for approval.
Parker moved:
Jones seconded: The Minute s o f December 21, 1976, be approved
as written.
AYES: Tanguma, Jones, Parker, Don Smith
NAYS: None
ABSTAIN: Jorgenson, Pierson
ABSENT: Ed Smith, Wade, Williams
The motion carried.
III. SUBDIVISION PLAT
Hampden Professional
Park -Final Plat
Parker moved:
CASE #31-76A
October 19, 1976
Jones seconded: The Public Hearing on the Final Plat of the
proposed Hampden Prof essional Park Subdivision
be opened.
AYES: Don Smith, Tanguma, Jones, Jorgenson, Parker, Pierson
NAYS: None
ABSENT: Ed Smith, Wade, Williams
The motion carried.
Mrs. Romans stated that the Public Hearing is on the final
plat of the proposed Hampden Professional Park Subdivision ,
located on the northeast corner of the Lafayette/U.S. 285
intersection, and in the southwest corner of the site commonly
known as the Larwin or KLZ Site. Noti ce of the Public Hearing
was given by Certified Mail to all adjacent property owners as
is required by Ordinance. Mrs. Romans cited the Subdivision
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Regulations, which state that it is unlawful to divide any
land in the City of Englewood unless and until a subdivision
plat is prepared, approved and recorded for that parcel of
land.
Mrs. Romans stated that the land to be subdivided by this plat
is part of the original 57 acre tract formerly used for the
KLZ towers, which was eventually purchased by the Larwin Multi.-
Housing Corporation. A Subdivision Waiver was granted to Larwin
in October of 1972, waiving the requirement ior platting the
land inasmuch as a Planneq Development was to be imposed on
the land. A Planned Development may serve in lieu of a plat
being filed. The 57 acre tract was divided into nine phases
for development, and a site plan was recorded together with
the Subdivision Waiver following withdrawal of the request for
approval of a Planned Development. The proposed subdivision
plat would encompass Phases 8 and 9 of the Subdivision Waiver
granted to the Larwin Multi-Housing Corporation.
Mrs. Romans noted that under the development plan proposed by
Larwin, Phase 8 would be developed with 240 low-rise residential
units. Phase 9 was to have been developed with 116 mid-rise
residential units.
The proposed Hampden Professional Park Subdivision contains
approximately 12 acres which is to be subdivided into two
blocks with a total of 15 lots. The proposed Final Plat is
very similar to the Preliminary Plan, which was previously
appro ved by the Commission; however, one change has been made
in Block 2. The Denver Water Board has a drainage easement
running through Block 2, which easement may not be built upon;
therefore, the lots abutting this easement have been enlarged
to accommodate the easement and still give ample accommodation
for construction. As a result, there are seven rather than
eight lots shown in Block 2 on the Final Plat.
The minimum lot area proposed on the Plat is 24,000 square
feet, which minimum does meet the requirements of the Compre-
hensive Zoning Ordinance. This property is zoned R-3, High
Density Residence, and under this zone classification, pro-
fessional office developments must have a minimum lot area of
24,000 sq. ft., and mult i-f ami ly developments must have a
min i mum lot area of 42,000 sq. ft. The proposed subdivision
is designed to accommod ate either a professional office
building development, or a multi-fam ily development, if two
or more of the lots are combined. Mrs. Romans discussed the
surrounding area; to the north is part of the Larwin develop-
ment, with 232 residential units. To the east is vacant
land owned by Larwin. To the south is U.S. 285 and land in
Cherry Hills Village. To the west, is the Bullock Mortuary,
a rest home, and residential units. The zoning to the west,
north and east is R-3, High Density Residence. There is some
commercial zoning to the southwest on South Lafayette Street
and a strip of commercial zoning along Hampden Avenue, and
across U.S. 285 in Cherry Hills Village, is a single-fami ly
classific a tion.
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Mrs. Romans stated that the utility companies have waived the
requirement for specific easements to be shown on the Plat,
with th ~ understanding that the easements will be provided at
the time of development.
Mrs. Romans stated that the site is not in a flood plain;
the drainage will be similar to that proposed for the original
development by Larwin; there will be an additional drainage
inle t installed at Floyd and Lafayette as required by the
Public Works Department. The drainage plan ha s been approved
by the C}ty Engineer.
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l1fr$;/Romans stated that the staff is concerned about some of
//the information that has been submitted by the applicant, and
// does feel that there should be clarification of this informa-
/. tion before approval of the Plat. One of the items to be
// clarified is that of the ownership of East Girard Avenue, which
/./ is presently a private street with a 40 ft. width. The Commission
has met with Larwin representatives several times and has in-
formed these representatives of the need for a full dedication
on East Girard Avenue; Larwin has made no effort to comply with
the Commission's request, and recent attempts on the part of
the City to contact Larwin have been ignored. Mrs. Romans
stated that Mr. Regan, the applicant, has attempted to bring
Larwin along as a party to the subdivision, in order to get
East Girard Avenue platted to a 60 ft. right-of-way width.
However, Larwin has apparently sold off the north 20 ft. of
the private roadway, and Mr. Regan must now attempt to get a
quit claim deed from Continental Assurance Company, or bring
this company in as a party to the subdivision also. The staff
also has questions on the legal description which is given on
the Plat. The matter is apparently being corrected by the
Engineer who prepared the Plat. Another matter for further
consideration is the matter of street improvements which are
to be made prior to construction of any buildings in the pro-
posed subdivision. One of the questions raised by the City
Engineer is t he matter of the improvement of East Girard Avenue
as it exists; at the time these improvements were installed,
there was no way to determine if the installation was made to
city standards, inasmuch as Girard Avenue was a "private" road-
way. The City Engineer is now asking for cores to be taken at
intervals to determine the standards of the installation and
if the improvements are not to City standards, they will have
to be corrected or money placed in escrow before the right-of-
way will be finally accepted.
Mr. Jones questioned wither the storm drainage facilities in
East Girard Avenue would be available to carry part of the
waste water from this site? Mr. Jones asked if the normal
drainage flow is to the west and north? Would the surface
drainage from Girard Place put a burden on the drainage system
in South Lafayette? Mrs. Romans stated that the Engineers have
said the storm drainage system could accommodate this additional
drainage.
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Don Smith asked how much of the run-off would be taken care of
before exiting the site itself? Mr. Jones discussed the
retention ponds in Romans Park and stated that he understood
part of the drainage from the area was to be moved to the
retention ponds under the original Larwin drainage plan. Mr.
Jones stated that under this proposal, it appears most of the
drainage will be surf ace drainage on Lafayette Street to the
inlet at Floyd Avenue.
Mr. Tanguma asked the proponents to give their presentation.
Mr. Tom Regan
RPR Brothers, Inc. -stated that he felt Mrs. Romans had given
a very complete presentation, and he would
attempt to answer questions that members of the Commission
might have.
Mr. Parker asked how Mr. Regan was proceeding with the dedica-
tion of South Gilpin Way and East Girard Avenue from Larwin?
Mr. Regan stated that he had the signatures agreeing to the
dedication of this right-of-way. Mr. Regan discussed his
attempts to settle the matter of right-of-way with Continental
Assurance Company.
The matter of storm water runoff was again discussed. Mrs.
Romans stated that the Public Works Department has approved
the drainage plan. Mr. Parker stated that he didn't feel the
system as proposed would handle the runoff.
Mr. Jones inquired as to the size of the storm sewers in Girard
Avenue, and where that line terminated? Mr. Regan consulted
with his architect and determined that the storm sewer in
Girard Avenue was an 18 11 -24" oval, and that the storm sewer
in Floyd Avenue would be an 18 11 round. Discussion ensued.
Mr. Jones stated that he would like the staff to check with
the Public Works Director on the matter of drainage to verify
that the Floyd storm sewer won't be over-loaded by this additional
runoff.
Mr. Tanguma asked if there were further proponents who would
like to speak? No one indicated a desire to speak. Mr. Tanguma
then asked for opponents to present their case.
John Well es
3602 Sout h Gilpin -stated that he had several questions he
wanted answered:
1. What is the height of the buildings that are planned for
this development; what is the height allowed for professional
off ice use?
2. The number of offices that are planned? The square footage
of these off ices?
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3. Has there been a study of the traffic generation capabilities
of this development; was a traffic study made? How does this
tra ff ic generation compare with the original development
c oncept --the apartment development?
4. What is the time table for development?
5. What is allowed by the term "Professional Offices"?
6. What are the consequenc es for zoning in the area? How
does it impact the area to have this s i te developed for
commercial use rather than residential use? Wil l it change
the character of the area?
7. What signs are contemplated?
8. What lighting is contemplated for the development?
9. How will employees who work in this development be serviced?
Will restaurants and other support uses be permitted? Will
there be an application for commercial zoning on this site
at a later date?
Mr. Tanguma asked Mr. Welles if he had any comments regarding
the proposed Subdivision? Mr. Welles stated that he did not
have enough information at this time to state whether he is
for or against the proposal.
In response to Mr. Welles questions, Mrs. Romans stated that
she does not have the information on the height of any structures
proposed for the development. The R-3 Zone District, which zone
classification is applied to the subject site, does permit a
height of five stories or 60 foot maximum. Mrs. Romans stated
that the land is proposed to be divided into 15 lots; one could
assume there will be a professional office building on each of
these lots though there is a possibility of combination of two
or more lots into one development. Mrs. Romans stated that she
knew of no traffic study that has been done in conjunction with
the proposed subdivision. The original proposal of Larwin was
to construct 356 apartment units on Phases 8 and 9; we are now
considering the possible construction of 15 professional office
structures. Mrs. Romans stated that it could be assumed the
overall traffic generated by the professional off ice develop-
ment would be less than that generated by 356 apartment units.
Mrs. Romans stated that uses permitted under "Professional
Offices" would be offices for lawyers, doctors, engineers,
dentists and other professional people. The R-3 Zone District
i tself permits multi-family uses, medical clinics, nursing
homes and professional offices. The R-3 Zone District was
revised in 1975 to increase the minimum lot area required for
construction of these uses; the minimum lot area for an apart-
ment structure was increased to 42,000 sq. ft., and for uses
such as professional offices, the minimum floor area is now
24,000 sq. ft. Planned Development approval is required for
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construction of an apartment structure. There is now a require-
ment for useable open space, for landscaping as well as off-street
parking. These requirements give the City more control over the
developments than was previously had. Mrs. Romans stated that
the City does have a sign code, and that any signing on the pro-
posed development would have to conform to the Sign Code.
Lighting standards would be determined at the time of develop-
ment. The R-3 Zone District does recognize that in large multi-
family developments, there will be a need for support uses --
accessory uses --of coffee shops, etc. This is permitted but
must meet the requirements for the Accessory Use in the R-3
Zone District. Mrs. Romans noted that any property owner in
the City of Englewood may apply for rezoning at any time. She
noted that the primary question before the Commission this
evening is the division of the land under option by Mr. Regan.
Mrs. Romans pointed out there will be no additional curb cuts
onto U.S. 285 permitted.
Mr. Regan stated that he has been contacted by several doctors
and dentists in this area, who want to build their own medical
office buildings. Whether or not all the doctors will each
construct an individual building, or whether they will form a
corporation to construct one large building, Mr. Regan did not
know. Mr. Regan stated that he would hope to begin on improve-
ments as soon as he has approval of the subdivision. He stated
that he would begin to advertise the lots for sale. Mr. Re gan
stated that he has no plans for rezoning the land; the people
he has spoken to are happy with the present zoning which would
allow professional office buildings. Mr. Regan stated th at he
had not had a traffic study done; the traffic to a development
of this type would be day-time traffic but he did not know what
volume could be expected.
Mr. DeWitt noted that part of Mr. Welles' questions deal in
the future --what will happen "if" --and pointed out that
this is impossible to answer. Mr. DeWitt stated that he under-
stood one of the questions to be what effect this platting
would have on inducing future commercial zoning in this area.
Mr. DeWitt noted that the corner of this property abuts com-
mercially zoned property now. He stated that he felt a vigorous
economic climate did not lend itself to a great deal of change,
but this would depend on business trends. Mr. DeWitt noted
that Gilpin Way is not a through street, another factor he felt
would not be conducive to further business zoning.
Mr. Wanush noted that if some property owner were to apply for
rezoning, the matter would have to be heard before the Commission.
Mr. Wanush noted that this matter before the Commission concerns
the platting or subdivision of land, and has nothing to do with
zoning.
Mr. Tanguma again asked Mr. Welles if he had a statement he
wanted to make on the proposed subdivision? Mr. Welle s statErl
he was concerned about the legal aspects of the matter --when
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this proper t y was zoned, it was zoned for "multi-family use."
Mr. Welle s st ated that if the Commission approved this "change
of int e n t and character" of the site, it would lead to commercial
zoning a n d use "jumping" Hampden Avenue.
Don Smith pointed out that the subdivision of the land would
not lead to a "change in use"; the professional offices are
permitted uses in the R-3 High Density District now, and have
been for some time. Mr. Smith s ta ted that a professional office
use is totally different from a commercial use. Mr. Smith
emphasized that professional offices are permitted uses now in
the R-3 Zone District. Mr. Wanush reiterated that the question
before the Commission is that of platting of the property, not
of commercial development.
Mr. Welles stated that professional office buildings with the
in/out traffic is a business use, which would change the character
of the neighborhood. It is definitely a business use as opposed
to the residential character of the apartment units that were
to be constructed on the site. He pointed out that the Commission,
if they approve the proposed plat, could be setting in motion a
development "without any real idea of where it's going to go."
He pointed out there could be five story professional office
buildings on all fifteen lots. This would be "a lot of offices";
would there be underground or surface parking? He stated "we
don't know what we are getting into traffic wise."
Don Smith pointed out that there is a 30% maximum lot coverage;
he noted that a small doctor's office will encompass 6,000 sq.
ft., and larger doctor's offices may contain as much as 17,000
sq. ft. This could give approximately four offices per floor,
and if the structure was five stories, this would mean approxi-
mately 20 offices per building.
Mr. Tom Hudgins
43 Sunset Drive -noted that the Council Chambers has approxi-
mately 1,200 square feet in it; a 6,000 square
foot doctors off ice would be five times the size of this roo~.
He noted that his pediatrician has an office approximately half
the size of the Council Chambers, and he sees 100 patients per
day. He stated he is opposed to the Subdivision; he felt the
traffic would be a serious problem, and that there could be as
many as 1,000 offices in this development.
Terry Ryan
1400 East Jefferson -stated that he was neither in favor nor
opposed to the proposed plat. He stated
that he does feel Mr. Welle s rai sed some very basic questions,
and he feels that more information on the matter of traffic;
more information is needed on the project itself, whether there
will be a lot of high-rise office buildings or whether the de-
velopment will be low-or mid-rise, is needed. Mr. Ryan pointed
out there were medical clinics in the area --one across the
street on South Lafayette, an d one at U.S. 285 and South Clarkson
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Street. Mr. Ryan stated that he felt Mro Welles' questions
should be answered before a determination is made on the Pla~
Mr. Wanush stated that he can understand the comments and con-
cerns of the residents; however, the issue before the Commission
is the subdivision of the land, which could be developed with
apartment houses as well as professional off ice buildings
following the approval of the proposed plat.
Mr. Ryan stated that the Commission has the responsibility to
assure the proposed development is in the best interest of the
neighborhood; will the development be good even if it is within
the restrictions of the Code.
Discussion ensued. Mrs. Romans pointed out that all multi-family
developments must have a Planned Development approval; a pro-
fessional office development would not have to have approval ·of
a Planned Development, although they could ask for such approval.
Mr. Welles stated he felt there could be a legal question on
whether 15 lots in an area that was zoned for high-density
residence could be developed with something other than residential
use. Mr. Welles stated that he "thinks the Courts would say
it is not the proper intent." Mr. Welles also urged that a
traffic study be madeo
Mr. Hudgins asked the difference between the R-3 Zone District
and the R-4, Residential-Professional Zone District? Mrs.
Romans discussed the two zone districts and summarized the uses
permitted in each zone district. Mrs. Romans pointed out the
fact that Watson and Eugene Bowes had initially designed the
now repealed R-3-A Zone District after which the present R-3
Zone District is patterned, to accommodate the area around
Swedish Medical Center.
Jones moved:
Parker seconded: The Public Hearing be closed.
AYES: Pierson, Don Smith, Tanguma, Jones, Jorgenson, Parker
NAYS: None
ABSENT: Ed Smith, Wade, Williams
The mot ion carried.
Mr. Jone s sugg ested tha t fur ther action on this matter not be
taken until some of the questions posed to the Commission have
been answered. He asked of the staff when the Commission could
expect to receive this information? Mrso Romans suggested that
this would depend on when the applicant could submit the additional
information; she also suggested that Public Works Director Waggoner
might be invited to the next meeting to further discuss the drainage
matter.
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Jones moved:
D. Smit h seconded: Further consideration be postponed until
January 18, 1977.
AYES: Parker, Pierson, D. Smith, Tanguma, Jones, Jorgenson
NAYS: None
ABSENT: Ed Smith, Wade, Williams
The motion carried.
Don Smith stated that he felt the Commission needed an e sv imate
on the average estimated square footage of the offices th at
would be contemplated for the development, and an estimate of
the maximum number of offices that could be realize d on the
property. He stated that he did not feel that the property
would be developed totally with five -story office buildings.
Mr. Smith further stated that he does believe the land is
being platted legally, and that all lots contained in the pro-
posed subdivision do meet the minimum standards for that zone
district. Mr. Jones suggested that information also be sub-
mitted on traffic projections and the impact this projected
traffic would have on the area.
Mr. Tanguma declared a five minute recess. The meeting was
reconvened with the following members present: Jorgenson,
Parker, Pierson, D. Smith, Tanguma, Jones. Absent were:
Ed Smith, Wade, Williams
IV. HOUSE MOVING & WRECKING ORDINANCE CASE #1-77
Mr. Wanush stated that the proposed amendment suggests elimina-
tion of the requirement to hold a Public Hearing on the movement
of a single-family house into a single-family zone district.
Mrs. Romans briefly discussed the proposed amendme nt. It was
noted that this would apply only to single-family structures.
Mr. Jones stated that he felt the neighbors must be made aware
of the proposed relocation of a structure. He agreed that it
seemed logical to require posting of the property to which the
structure is to be moved. Discussion ensued. Mr. Jones noted
that the requirement that the foundation be in place prior to
the :relocation of the structure would still apply, and he felt
it would be a simple matter for the mover to notify the adjacent
property owners what was proposed for the site, by posting or
by a verbal contact. He stated that he felt the Ordinance is
proper, but agreed that the requirement for a Public Hearing
as to single-family houses being moved onto a site in the City
may be redundant, but he does feel the neighbors have the right
to know what is going on. Mr. Jones asked Mr. DeWitt if he
,foresaw any problems with the posting of the property but not
following through with a Public Hearing? Mr. DeWitt stated it
would be an "informal" notice that would apply only to a single-
family zone district.
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Mr. Del Francis stated that he moves multi-family houses •
more than one unit. He would like to see the amendment extende d
to apply to small multi-family structures. He stated that he
felt every structure he has moved has added to the neighborhood.
Mr. Francis stat e d he is an Englewood resident, and would like
to be able to bring sm a ll mu lt i-family dwelling units into
Englewood; he feels th e re is a demand for this type of structu re.
The requirement for a Public Hearing makes it impossible to
move a structure into Englewood, and cited the time element. He
felt that 11 compatability" of a structure with the neighborhood
to which it is to be moved could be determined by the Building
Department at the time of the preliminary inspection of the
unit. Mr. Francis reiterated his request that the requirement
for Public Hearing be eliminated on small multi-family units
that are moved into the City.
Mr. Tanguma noted that the Ordinance came about in the first
Place because of problems with moves of multi-family structures--
incompatibility with the neighborhood and/or incompletion of
the move. Discussion ensued •. Mr. Wanush pointed out that
this matter will have to be considered at a Public Hearing
and if the Commission determines the amendment should be ex-
tended to cover small multi-family units, it can be addressed
at that time.
Mr. Parker inquired if the amendment would result in the
Building Inspector having the responsibility to make the
decision on compatibility, structural soundness and posting
the property for the move? Don Smith stated that the Building
Inspectors would have that responsibility for single-family
structures under the proposed amendment. Discussion ensued.
Mr. Parker cited a day care center approved on South Logan
Street in which one of the stipulations was that the basemen t
could not be used because of improper space between floor
and ceiling; he noted that this structure is occupied already.
He stated he felt there were instances where codes might not
be equally enforced, and he hesitated to give any one Depart-
ment such authority.
Mr. Jones noted that "once you grant a deviation in an o r d i nance
it tempts further inquiries such as we have had tonight." He
stated that he would agree we have to be very careful in allowing
exceptions. He stated that he felt if multi-family units were
inc luded in the amendment, i t would defeat the purpose of the
Ordinance :
Mr. Parke r asked if i t is the time e lement t hat c auses problems
for the movers? Mr. Francis stated that the time element re-
quired for posting, etc. does ca~se problems. Sometimes the
houses must be moved almost immediately, which would not give
time for posting the property etc. after the mover is assure d
he has the house to move. Further discussion ensued.
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It was determined that this amendment t o the Moving and Demolition
Ordinance would be set for Public Hearing before the Planning
and Zoning Commission on February 23, 1977
V. AUTO WRECKING YARD ORDINANCE CASE #33-76
Mr. Wanush stated that the latest draft of the proposed amend-
ment to the Auto Wrecking Yard Ordinance had been given the
Commission at their last meeting. He stated that unless the
Commission had further changes they wanted made , this proposed
amendment should be ready for Public Hearing al so.
Mr. Tanguma asked if Mr. DeWitt foresaw any leg al problems?
Mro DeWitt stated that he felt there were lega l imp l ications
in this ordinance that those auto wr ecking yards in the 1-1
Zone District would not be allowed to im p rove or expand within
their current physical boundaries. He stated that he felt the
idea is acceptable, but questioned that the wording was proper.
Discussion ensued. Mro Wanush stated that he was under the
impression this draft of the proposed amendment deleted any
reference to a zone district location of the auto wrecking
yards. Mr. DeWitt stated that he felt the "implication" is
there. Mr. Parker stated that the intent of the Commission
is that the auto wrecking yard owners and opera tors be allowed
to warehouse and improve within their physical boundaries in
either zone districto Don Smith noted that the auto wrecking
yards were to remain non-conforming uses, but still be allowed
to expand and improve; no new auto wrecking ya rds were to be
allowed. Discussion ensued. It was determined that further
r~view of the proposed amendment would be undertaken by the
s it a ff and Mr. DeWitt, and a tentative Public Hearing date of
March 22, 1977, be set. If there are changes in this draft,
the Commission would like to see these changes at their study
session of March 8, 1977.
VI. COMPREHENSIVE PLAN.
Mr. Wanush discussed the procedure f or review and revision of
the Comprehensive Plan. He stated tha t he would like to deter-
mine the procedure the Commission wa nts to carry out in their
review. Mr. Wanush stated that he has determined that the
staff would gather data on each subjec t for the Commission; he
suggested that each subject be considered separately --such
as housing, transportation, parks, etco rather than trying to
review the total plan. Mr. Wanush further suggested that a
member of the Commission "chair" each study committee for the
specific topic assigned to that committee. Mr. Wanush noted
that there is a Housing Autho ri ty, a Parks and Recreation Com-
mission, and a Water and Sewer Board; there could be representa-
tion from these boards on this committee, as well as citizens
uninvolved at the present time with governmental business. Don
Smith stated that this seemed to be a reasonable way to approach
the revision. He noted there is already a downtown committee
in existance of which he is a member. Discussion ensued.
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Mr. Wanush stated that his breakdown of topics included Housing,
Downtown Development, Commercial Development, Industrial Develop-
ment, Parks and Recreation, Transportation, Public Facilities
and Drainage. He suggested that members of the Commission might
want to indicate a topic preference they would like to work on.
After further discussion, the following members indicated their
preference to work on these matters:
Mrs. Pierson --Commercial Development
Don Smith --Downtown Development
Eddie Tanguma --Housing and/or Transportation
Mr. Jones noted that he has not asked for reappointment to the
Commission; however, he would be happy to serve as a private
citizen on the downtown committee.
VII. DIRECTOR'S CHOICE.
Mr. Wanush stated that there had been a public hearing on a
rezoning request in the 3500 block of South Marion Street in
September; the applicants had requested a delay of 120 days in
further consideration by the Commission to enable the applicants
to arrive at a firm decision on the use of the property. The
applicants have now asked for a further extension of the tim~
There will be at least one change in membership of the Commission
the first of February, and possibly two new members. There were
some members of the Commission who were not in attendance at
the Public Hearing and would not be eligible to vote on the
matter. The staff felt there could be problems drawing out
action on the matter as long as has been requested, and asked
Commission determination on whether they wished to continue the
matter, make a decision on January 18, or advise the applicant
to withdraw at this time. Discussion ensued. Assistant Attorney
DeWitt stated that he felt the best procedure would be to ~sk
the applicant to withdraw this application, or to deny the matter
because of insufficient evidence to support the request. The
Commission could also let the matter "die" on its own. Further
discussion ensued. It was determined the staff should ask the
applicant to withdraw his application at this time, with the
understanding that they could reapply at a reasonable time in
the future and the application fee would be waived.
Mr. Wanush stated that he had checked on the matter of the
non-conforming use survey being sent by regular mail rather
than by certified mail. Mr. Wanush's findings were that all
such notices are sent by Certified Mail. He asked if Mr.
Parker had a sample of the inquiry sent by regular mail? Mr .
Parker stated he did not.
Mr. Wanush stated that he hoped to have information on U.S. 285
for discussion at the next meeting of January 18th.
Mr. Wanush stated that City Council asked for a report on the
Floyd Avenue/Elati Street traffic island. He stated that he
understood that on several occasions the Planning Commission
has considered the matter, and has determined on each occasio n
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to uphold the "Floyd Avenue Agreement" with the property owners
north of Floyd Avenue --that there shall be no through traffic
on s.uth Elati Streeto The Department of Community Development
i$ c harge d with the development of this report. He asked for
. ."omments that the Commission might have.
Don Smith stated that he "understood that 10 years ago 'some-
body' made a promise" that there would be no through traffic
on South Elati Street. Mrs. Pierson stated that she felt the
City should honor its commitments; there have been no changes
which would warrant removal of the island, and she felt the
Commission has to recommend retention of the island. Mr.
Tanguma agreed that if the City made a promise to the property
owners north of Floyd Avenue regarding the traffic island, the
City must honor its commitment. Mr. Parker stated as he re-
called the last time the Commission considered the matter it
was determined the island should remain so long as it did not
present a fire hazardo
Mr. Wanush
which will
February.
ports, and
presented copies of a report on Little Dry Creek,
be considered at public meetings in January and
Commission members were urged to review these re-
to attend the meetings.
Mr. Wanush reminded Commission members of a breakfast meeting
scheduled January 11th, 7:30 A.M. at Swedish Medical Center.
Those members indicating they would attend were Mr. Tanguma,
Don Smith, Chalmerse Parker, Judith Pierson, George Jorgenson.
The staff was asked to check with those members who were absent
to see if they planned to attend.
VIII. COMMISSION'S CHOICE
There was nothing to be discussed under Commission's Choice.
The meeting adjourned at 10:15 P.M.
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