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HomeMy WebLinkAbout1977-01-18 PZC MINUTES1 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JANUARY 18, 1977 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:06 p.m. by Chairman Tanguma in the City Council Chambers. Members present: Jones, Jorgenson, Parker, Pierson, D. Smit~ E. Smith, Tanguma, Wade, Williams Wanush, Ex-officio member Members absent: None Also present: Assistant City Attorney DeWitt Assistant Director Romans Associate Planner House II. APPROVAL OF MINUTES. Chairman Tanguma asked that the minutes of the meeting of January 4, 1977, be considered. Jorgenson moved: Jones seconded: The Minutes of the January 4, 1977, meeting be approved as writteno Those voting in favor of the motion: Jones, Jorgenson, Parker, Pierson, Do Smith and Tanguma. Those voting in opposition to the motion: None Those abstaining: Smith, Wade and Williams. The Chairman declared that the motion had carried. III. SUBDIVISION PLAT Hampden Professional Park Final Plat CASE #31-76B October 19, 1976 January 4, 1977 Mr. Richard Brown, 3403 South Race Street, Englewood, Colorado, appeared before the Commission to request that he be permitted to make a statement on behalf of the Kent Village Association . He stated that the Kent Village Association had not had an opportunity to study the matter which is before the Commission, and asked that the matter lay on the Table until such time as the members of the Association had had an opportunity to do so. Commission member Donald Smith stated that the Public Hearing on the Hampden Professional Park Subdivision Plat was closed on January 4, 1977, and that no additional testimony relative to this quasi-judicial matter could be received at this meeting. -2- In the interest of making his point that the Kent Village Association should have an opportunity to study the matter, Mr. Brown read from §12-3-2 of the Subdivision Regulations, which Section pertains to Unlawful Acts, and read the defini- tion of the terms "Divide" or "Division" which appear in §12-3-4(e) of the Subdivision Regulations. Mr. Brown then read from §12-3-23(a) as to the method of giving Notice of Hearing on the Final Plato Chairman Tanguma asked Mr. Brown for his address, which was given as 3403 South Race Street, Englewood, Colorado. Commission member Donald Smith asked whether or not notice of the Public Hearing had been sent to all property owners adja- cent to the land being platted? Assistant City Attorney DeWitt stated that it was his understanding that such notice had been given to all property owners immediately adjacent and adjoining the land which is to be divided, and read from §12-3-3(b) of the Subdivision Regulations, which Section sets forth the pro- cedure by which the Planning Commission may waive the require- ment for a Subdivision Plat to be prepared, approved and filed. Mr. DeWitt stated that a Subdivision Waiver was granted to Larwin Multi-Housing Corporation several years ago, which Waiver was recorded, together with plans which divided the property referred to as the "Larwin property", into nine phases, or sections. Therefore, it is his opinion that the property as a whole has been previously divided and the Commission is now considering what is a redivision of a prior divisiono Notice of the Hearing on the Final Plat was sent to Continental Assurance Company, which company the Assessor's records identified as the property owner to the north of the subject area, to Larwin Multi-Housing Corporation, the owner of the land immediately adjacent to the east of the subject area, and to the property owners adjacent to the subject area on the south and west as their names appear upon the records in the Arapahoe County Assessor's office. Mr. DeWitt re-emphasized that the Subdivision Regulations require that notice be sent to owners of land "immediately adjacent and adjoining the land proposed for subdivisiono" Mr. Brown commented that Larwin is shown as a party to the Subdivision on the Plat which was displayedo Mr. DeWitt e~plained that Larwin had joined in the Platting in order that the rights-of-way for East Girard Avenue and South Gilpin Way, as they adjoin the subject area, could be platted. Mr. DeWitt explained further that RoP.R. Brothers, Ltd. have an option to purchase the subject land and are, therefore, proper parties to also appear on the Plat. Mr. DeWitt explained once again that the matter before the Planning Commission is a redivision of land which has been previously divided through a Subdivision Waiver. ' • Donald Smith moved: Parker seconded: -3- A Public Hearing was held on the Final Plat of the Hampden Professional Park Subdivision on January 4, 1977, after proper Notice was given and the Public Hearing on this matter was closed on January 4th; therefore, the matter is not on the agenda for this meeting other than to receive additional informa- tion from the applicant which was requested by the Commission, and the Commission shall now return to the matters on the agenda and hear no new information relative to this matter. Mro Brown stated that in his opinion, notice of the Hearing was not given according to the Ordinance requiremen t s, and therefore any approval given in absence of a valid Hearing would be improper and unlawful. Mr. Brown stated that he was giving notice to the Commission members and to the applicant, that if they proceed on the matter at this meeting, "they do so at their own risk." Mr . Brown continued that the Kent Village Association owns to the east of the Larwin property and must be heard. The Association learned of the proposed Subdivision "only by hearsay after 6:00 P.M." on January 17, 1977, and had not had an opportunity to study the matter or to discuss it with the Association counsel. Mr. Brown continued that the proceeding is important to Kent Village and that, in his opinion, the Commission is acting without having held a proper Hearing . Commission member Donald Smith stated it is the time for the Planning Commission and not the audience to discuss this matter and called for the question. Mr. Williams moved: That the Public Hearing on the Hampden Professional Park Subdivision be reopened. Mr. DeWitt was asked if it would be proper to reopen the Hearing and he stated it would be proper; but that there are time restraints since the action on the Plat must be taken no more than thirty days from the Hearing date. The Assistant City Attorney added that the provisions of the Subdivision Regula- tions have been satisfied; but that the Commission could reopen the Hearing if there were just cause and/or a compelling reason; otherwise, the case must be concluded within the thirty-day period. Chairman Tanguma asked Assistant Director Romans if Notice of the Hearing had been given as required? The Assistant Director referred to the Plat which displayed, and stated that the sub- ject area is identified as Phases 8 and 9 on the maps which have been recorded as part of the Subdivision Waiver which was issued to Larwin Multi-Housing Corporation. Therefore, the notice of the Hearing on the Final Plat had been sent by -4- Certified Mail to all of the property owners which are adjacent to the land now identified as Phases 8 and 9, the phases for which the Subdivision Plat has been submitted. The Assistant Director stated that the Comprehensive Zoning Ordinance defines "adjacent" as being separated by a street or alleyo Commission member Ed Smith pointed out that we are not evaluating the entire Larwin site, but only a portion of it, and if the Hearing were to be reopened the Commission could become involved wi th a discussion about the entire site. Chairman Tanguma called for the question on the motion before the Commissiono Those members voting in favor of the motion: Jones, Jorgenson, Parker, Pierson, Do Smith, Ed Smith, Tanguma, Wade and Williamso Members voting in opposition to the motion: None o Those abstaining: Noneo Chairman Tanguma declared that the motion had carried and announced to the audience that no new evidence would be accepted by the Commission other than that additional inform:r tion which had been requested by the Commission of the applicant. Mr. Gordon Allott, 3427 South Race Street, Englewood, Colorado, addressed the Commission. Mr. Allott stated that he had lived at that address for three years and that he has been a lawyer since 1929. In his opinion, Mro Allott stated, the terms "contiguous" and "adjacent" are not the same and that "contiguous" does not mean "adjacent". He stated that he, Mr. Brown and Mr. Sullivan, the President of the Kent Village Association, were in attendance at the meeting because they have a real con- cern that the City will permit the Larwin land to be "chopped off" 100 feet at a time, until the Kent Village boundary is reached. Mr. Allott stated that he respectfully suggests that the Commission keep the matter open for the consideration of the Kent Village residents who are also citizens of Englewood and pay taxes to the City. He stated they are concerned about the future of the Larwin property and want an opportunity to know what is being planned; having received word of the action only by word of mouth on the spur of the moment. Mr. Allott went on that it would be unfair for the Commission to pretend to go ahead with the action because they don't know the resulting impact of the proposal. Mr. Allott then addressed remarks directly to Commission member Don Smith, stating that "a gross injustice is being done" by Mr. Smith's having insisted on a vote on the motion he had made earlier in the meeting. Mrso Pierson moved: Mro D. Smith seconded: -5- That .the City Planning and Zoning Com- mission go into Executive Sessiono Those voting in favor of the motion: Jones, Jorgenson, Parker, Pierson, D. Smith, Ed Smith, Tanguma, Wade and Williams. Those voting in opposition to the motion: None. Those abstaining: None. Chairman Tanguma announced to those in attendance that the Commission would be in Executive Session for fifteen minutes and the Commission members went into the adjoining Conferen ce Room B . The Commission was reseated at 7:45 p.m. with all members present, and Chairman Tanguma declared the meeting to be in session. Mr. Williams moved: Mr. Parker seconded: That the Public Hearing on the Final Plat of the Hampden Professional Park Su bdivision be reopenedo Mr. Don Smith stated that the Commission is not considering a zoning change or a use change as related to the Larwin property or any portion thereof. Any use permitted by the R-3, High Density Zone District, can be constructed on the land. The Com- mission is considering the further division of two portions of ground which have already been identified by a recorded Sub- division Waiver, Phases 8 and 9, into fifteen lots with streets which will provide access to those lots . The minimum lot area which is proposed is 24,000 square feet, the minimum area on which a pro f essional office building, a permitted use in the R-3 Zone District, can be constructed. Mr. Smith reiterated that this action which is before the Commission will not effect the permitted use of the land. Mr. Smith stated that the applicant must be considered and that the persons required to be notified of the Hearing on the matter before the Commission had been notif iedo Mr. Ed Smith stated that he concurred with Mr. Don Smith that the Commission is not in a position at this meeting to do any- thing about the zoning of the land. By further delaying action, nothing would be accomplished other than to stop the developer from something that he could probably do by using a different method. For these reasons, Mr. Ed Smith said he would oppose the motion. Mr. Parker asked Mr. John Welles who had spoken at the Hearing on January 4th, and who was in the audience at this meeting, what his address is and whether or not he had received notice of the Hearing? -6- Mr. Welles stated that he lives at 3602 South Gilpin Street and that he had not received notice of the Hearing because he is not adjacent to the subject property. Mr. Welles stated Mrs. Fonda had received a notice of the Hearing and that he resides "three homes down." Chairman Tanguma re-emphasized that the zoning on the proper1y is not being changed, that the Commission has abided by the rules set forth in the Subdivision Regulations and that the applicant has made every attempt to cooperate by having the streets platted to City standards and that the action should not be delayed. Mrs. Pierson stated that she concurred with the remarks which had been made. Mrs. Pierson stated she had been concerned also about due process; but that in her opinion, the term "adjacent" is clearly defined and proper notice of the Hearing had been given. A vote on the motion was calledo Those members voting in favor of the motion were: Parker and Williams. Those members voting in opposition to the motion were: Jone s , Jorgenson, Pierson, D. Smith, Ed Smith, Tanguma, and Wade. Those persons abstaining: None. The Chairman declared the motion had failed. Chairman Tanguma addressed the audience that the matter would be referred to the City Council and that they could discuss it further with the Council if they wished to do so. Chairman Tanguma called upon the applicant to speak to the question of the additional information which had been requested by the Commission at the January 4th meeting. It was noted that copies of a written response to the Commission members' questions had been received with the Commission packet on January 14, 1977. Mr. J. D. Willis, representing the Sternberg Partnership, spoke to the question of traffic projectionso Mr. Willis stated that an attempt had been made to compare the traffic which would be generated by the 356 dwelling units which Larwin had originally proposed to construct on the property identified as Phases 8 and 9, and the probable development of that same land as a pro- fessional office park. The following traffic projections were given: 1. Traffic intensity for the proposed 356 dwelling unit Larwin Development would be 2,581 trips per day. 2. Traffic probable intensity for professional office use, based upon two story building envelops as shown on the -7- preliminary plan which was previously submitted, would be 2,715 trips per day. 3. The traffic intensity if the sites were to be developed to their theoretical maximum capacity would be 4,505 trips per dayo The projections for the 356 dwelling units were based on the following assumptions: 25% of the dwelling units would be one bedroomi 50% would be two bedroom units, and 25% would be three bedroom units. The assumed traffic generation factors are: 5.5 trips per day per one bedroom; 7.25 trips per day per two bedroom; 900 trips per day per three bedroom. As to the assumed professional office use, the following assumptions were made: lo The maximum building area could not exceed 35% of the total site area. 2. An open space requirement of 25% of the total site area would be required. 3. There would be an off-street parking requirement of one space per each 300 square feet of rentable floor area. 4. Each parking space would require an average of 300 square feet of area. 50 All structures would be two stories in height. 6. The professional offices would have 1250 square feet per office. 7. There would be a traffic generation factor of 30 trips per day per office. Mr. Willis stated that the traffic intensity comparison between the originally proposed 356 dwellings units on these phases of the Larwin site, and the theoretical maximum capacity used if the site were to be developed as medical offices, is probably not an equal evaluation, inasmuch as no study has been made to determine the absolute maximum number of possible dwelling units that could be placed on the site. -8- The matter of storm drainage was then reviewed by Mr. Willis, referring to the overall Larwin drainage plan which has been previously approved and recorded, and which was displayed at the meeting. Mr. Willis explained that there are two catch basins, one on either side of East Girard Avenue which is to the north of the subject property. These are 18 x 28-1/2 inch arch pipe. The water then flows northerly through a 24 inch concrete pipe to a point at South Lafayette Street and East Floyd Avenue, at which point the inlet is 30 inches, and the runoff would then go northerly into the storm drainage system. The capacity of the 30 inch storm sewer is 64 CFS which is greater than the projected peak flow of 57.5 CFS. Mr. Willis explained that these details are set forth in the addendum to the Revised Larwin Drainage Study which was submitted to the City on December 16, 1976, and in the letter dated January 14, 1977, copies of which letter were sent to the Commission prior to this meeting. A representative of Meurer, Serafini and Meurer, Inc., the Engineering firm which prepared the Subdivision Plat, referred to the drainage plan which was exhibited and stated that the lines shown on the drainage plan in red are designed for a 100-year storm. Proceeding with the information requested by the Commission, Mr. Willis stated that the matter of the legal description on the Plat has been resolved and that it is acceptable to the City Engineering Division. As to the twenty foot overlap in the East Girard Avenue right- of-way, Mr. Willis stated that the procedure is in process now which will convey that land back to Larwin Multi-Housing Corporation in order that it can be platted by Larwin. Mr. Regan stated that he has discussed the matter of outstanding taxes with Mr. DeWitt. He stated that all outstanding taxes, liens, mortgages, etc. will be paid by Larwin out of the proceeds of the sale. Mr. Parker referred to the reference to drainage on page 2 of the January 14, 1977 letter, and stated that he had been under the impression that the detention pond at Romans Park had been filled in a storm which was less than a 100-year storm. Mr. Don Smith recalled that that was prior to the construction of the stor~ drainage system. Mr. Parker stated that it is his understanding that the City's storm sewer system is designed for a two-year storm and that the run-off from Phases 7, 8, and 9, plus the Larwin units, will fill the detention pond. He added that this will cause flooding when the runoff reaches Dartmouth. Mr. Regan gave each member of the Commission a copy of the Addendum to the Storm Drainage Plan. Discussion on the storm drainage plan continued briefly. -9- Chairman Tanguma asked Mro Regan whether or not architectural restrictions would be placed on the development? Mr. Regan replied that there probably will be restrictions; but added that t he consideration of architectural restrictions is premature at this time because they have not progressed that far in their planso Mr. Willis was asked the source of the traffic projections an:I he stated that they are from an Institute of Traffic Engineering Technical Bulletin. Mr. Wanush questioned whether or not the theoretical maximum capacity was based on a two-story design limit? Mr. Wi llis replied that even though it would be poss i ble to construct a five-story building under the R-3 District regulations, it would not be possible to provide parking and the required open space if each of the five floors contained more than 1,000 or 2,000 square feet. He continued that it would not be economically feasible to construct an elevator and provide the other services for a five story building, but it would be feasible to build a two or three story building. Mr. Wanush asked the carrying capacity if the site were developed with two-story structures? Mr. Willis explained th a t t he lot sizes vary, but that based on 1,200 square feet per office, there could be 9+ per Lot in Block 1 and up to 14 per lot in Block 2. Mr. DeWitt expressed concern that the outstanding matters such as the title to the north 20 feet of East Girar d Avenue and the several judgment liens and outstanding taxes could be cleared up within the remaining time period. He added that there is also the matter of the required pins not being in placeo Mr. Don Smith asked Mr. Regan whether or not he knew the amount of time that would be necessary to complete the action? Mr . Regan answered that he did not know precisely how long it would take. Mr. DeWitt advised the Commission not to approve the Plat con- ditioned upon the required action being taken; but to wait un- til the information is provided and the necessary actions com- pleted before acting on the Plat. He stated he is t a king this position in an effort to avoid problems in the future. Mr. Regan interjected that if the matter of the north 20 feet of East Girard Avenue cannot be resolved, he would have to replat the land in a different way in any event. Until the Deed to that land is obtained, Mr. ~egan stated, he is ''trying to go one step at a time." The length of time that would be needed if an extension were to be given to the 30 day period was considered . -10- Mr. DeWitt stated that Mr. Regan could give an oral waiver to the 30 day provision at this meeting. With that action, the Commission could continue the case to a date certain. Mr. Regan stated to the CoIJUJlission that he is agreeable to waiving the requirement for action to be taken on the Final Plat within 30 days from the date of the Public Hearing, and added that by this statement, he was granting the Waiver. Mro Williams moved: Mr. Parker seconded: The consideration of the Hampden Pro- fessional Park Subdivision Final Plat be continued until the meeting on March 8, 1977. During the discussion on the motion, Mrs. Pierson opined that six weeks was too long to delay the matter and that she did not feel a date certain should be in the motion. Discussion on the motion continued. Upon the call for the question, the following members voted in favor of the motion: Jones, Jorgenson, Parker, Pierson, D. Smith, Ed Smith, Tanguma, Wade and Williams. Those voting in opposition to the motion: Noneo Those abstaining: Noneo The Chairman declared the motion to continue the matter until March 8, 1977, had passed. The Chairman declared a fifteen minute recess at 8:45 PoM. and announced the meeting would reconvene in the Community Room. Chairman Tanguma called the meeting to order at 9:15 p.mo in the Community Room. Upon the call of the Role, it was deter- mined that all members were presento IV. DIRECTOR'S CHOICEo Mr. Wanush stated that at the last meeting he had made the statement that notices sent out by the Code Enforcement Division relative to Non-conforming Uses are sent by Certified Mail. Mr. Wanush stated that in verifying this matter, he found that the notices are not sent by Certified Mail, but by regular mail. It was found that many persons refused to accept the Certified letter and a 90% return has been experienced by sending them-out as regular mail. Mr. Wanush then called attention to a memorandum which was in the packet delivered to the members on Friday, last, which was from Mr. Brokate, Assistant Director, Code Enforcement Division. In response to questions asked by Mr. Parker at a previous meeting, Mr. Brokate stated that there were no violations of the Codes in the case of the Day Care Center which was to be located at 2990 South Logan Street . Mro Brokate stated in h:is memo that to the best of his knowledge, the Day Care Center is not in operation at this time 0 -11- Mr. Wanush also called attention to the request to withdraw the Je f ferson Professional Building Corporation rezoning applic at ion which was submitted on behalf of the Board of Dir e c t ors by S. C. Percefull, MoD. Mr. Wanush then discussed the projected plans for the portion of U.S. 285 which runs through Englewoodo Mr o Wanush stated that there is general agreement now that a request will be made to withdraw Interstate 470 funds and that three substitute projects have been identified: The 470 Parkway and improve- ments to both South Santa Fe Drive and South Kipling Street o Mr 0 Wanush said that there will be from 50 to 60 mil l ion dollars which can be redistributed in the southwest area and the sooner we, the C i ty , can agree to what is necessary to be done to i m- prove U oS. 285, the more likely it is that it will be approved as a project. Mr. Wanush stated that he did not mean to imply that a decision could be made at this meeting, but that he wanted to discuss the subject rather generally as to such matters as: should "through" traffic be separated from local traffic and for what distance the improvements should b e con- sidered, i 0 e., from Broadway to Santa Fe or from a point fu r ther east from Broadwayo Other matters which should be conside r e d might be: to what extent UoS. 285 should be sig nalized and to what extent should there be cross traffic? Mr. Don Smith asked whether or not the Santa Fe/UoS. 285 interchange should be considered separately from U.S. 285? Mr. Wanush replied that the Interchange should be consi d ered with the Santa Fe improvements. Mr. Wanush refer r ed to an aerial photo, a land use map and a design for U.S. 285 prepared by SWACT, which were displayed and stated that he would like to review some of the possible solutions. The projected volume of vehicle tr ips per day by the year 2000 is between 55,000 and 65,000 tr ips; an increase of between 25% and 35%. It was pointed out that U.S. 285 is the only east-west street in the southwest area which carries traffic as far east as Havana. One way to alleviate the con- gestion which was suggested would be to develop alterna t ive east/west routes; but upon examination by the Commission members, there appear to be noneo The possibility of making U.S. 285 into a cuplet or tunneling it were discussed as well as other routes which could be used to carry traffic to and from the Cinderella City Shopping Center. The impact created by the various alternatives was discussedo Mro Tanguma asked Mro Wanush whethe~ or not the staff would have the expertise to study the mattero Mr. Wanush said that the Highway Department would undoubtedly be able to assist the City. Discussion on the various plans ensuedo -12- Mr. Tanguma gave a card to Mr. Jones and expressed the apprecia- tion of the Commission members for his service on the Commission. Mr. Jones has notified the City Council that he is not seeking reappointment to the Commission. The meeting was adjourned a ·t 10: 00 P.M.