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HomeMy WebLinkAbout1977-02-08 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION February 8, 1977 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P.M., Chairman Tanguma presiding. Members present: Parker, Pierson, Ed Smith, Tanguma, Wade, Williams, Owens, Jorgenson Wanush, Ex-officio Members absent: D. Smith Also present: Assistant City Attorney DeWitt; Associate Planner House. II. RE-ORGANIZATION OF COMMISSION. Chairman Tanguma noted that it is customary for one of the Councilmen to assume the Chair during the election of officers for the Commission. Parker moved: Williams seconded: To dispense with the formality of relinquishing the Chair by the Chairman, and to proceed with the nominations. AYES: Ed Smith, Tanguma, Wade» Williams, Owens, Jorgenson, Parker, Pierson NAYS: None ABSENT: D. Smith The motion carried. Mr. Parker nominated Eddie Tanguma as Chairman. Mr. Williams seconded the nomination. Mrs. Wade nominated Mrs. Pierson as Chairman of the Commission. Mr. Owens seconded the nomination. It was moved and seconded to close the nominations for Chairman. Nominations were declared closed. Written balloting ended in a tie for the position of Chairman of the Commission. Discussion ensued. Ed Smith moved: Williams seconded: The Commission re-open balloting for the position of Chairman. AYES: Williams, Owens, Jorgenson, Parker, Pierson, Ed Smith~ Tanguma, Wade NAYS: None ABSENT: D. Smith Motion carried. -2- A second written ballot elected Mrs. Judith B. Pierson as Chairman of the Planning Commission. Mrs. Pierson assumed the Chair, and called for nominations for Vice-Chairman of the Commission. Mr. Parker nominated Mr. Tanguma as Vice-Chairman. Mr. Tanguma asked that his name be withdrawn from consideration for the position of Vice-Chairman. Mrs. Wade nominated Ed Smith as Vice-Chairman. Mr. Owens seconded the nomination. Parker moved: Owens seconded: Mr. Ed Smith be elected Vice-Chairman of the Commission by acclamation. AYES: Owens, Parker, Pierson, Ed Smith, Tangumaj Wade, Williams, Jorgenson NAYS': None ABSENT: Don Smith The motion carried. Mrs. Pierson complimented Mr. Tanguma on his leadership of the Commission for the past year, and on the progress made by the Commission during that time. Mr. Tanguma stated that he hoped to remain very actively involved in the projects the Commission has under way, and pledged his support of Mrs. Pierson's Chairmanship. Chairman Pierson welcomed Mr. Larry Owens to the Commission. Mr. Owens was recently appointed by City Council to assume the term recently held by Mr. Lee Jones. III. APPROVAL OF MINUTES. Chairman Pierson stated that Minutes of January 18, 1977, are to be considered 1or approval. Parker moved: Jorgenson seconded: The Minutes of January 18, 1977, be approved as written. AYES: Pierson, Ed Smith, Tanguma, Wade, Williams, Owens, Jorgenson, Parker NAYS: None ABSENT: D. Smith The motion carried. Mr. Wanush stated that Assistant City Attorney DeWitt had in- dicated that he would be late, and suggested that possibly the Commission would want to consider some items set later on the agenda until such time as Mr. DeWitt does arrive . } -3- IV. DIRECTOR'S CHOICE Mro Wanu sh stated that the American Society of Planning Officials annual conference is to be held in San Diego April 23rd, to April 28tho Information on the conference was sent to the Commission members as part of their packetso The Commission has money budgeted for the attendance of one member at this Conferenceo Mr. Wanush stated that he has attended both the ASPO and AIP Conferences in the past, and finds the ASPO Con- ference very practical and helpful. He suggested that the Commission should select the member to attend this evening. Mrs. Pierson asked if there were any members who were interested and could attend this meeting? Mr. Jorgenson and Mr. Tanguma indicated they could attend, and would be interested in doing so. Written balloting selected Mr. Tanguma to attend the ASPO Conference in San Diego. Mr. Wanush stated that copies of the proposed Moving and Demolition Ordinance were included in the packets for the information of the Commission. Amendments which reflect the majority opinions of the Commission have been included in th:is draft, which will be considered at Public Hearing on February 23, 1977. Don Williams stated that he felt that house moving and demolition is a business which should be allowed to exist; he stated that we were putting restrictions on these businesses that should not be put on them. He pointed out the difficulties entailed in the movement of a structure, and stated that if the structure pro- posed for relocation met all the applicable codes, he felt this was sufficient. Mr. Wanush pointed out that the proposed amend- ment would remove restrictions on the mover of a single-family residence. A public hearing on the relocation of a single-family structure will no longer be required; the property will have to be posted, however, but for a period of only seven days. This is solely for information to the neighborhood, and the wording of the sign will indicate such. Discussion ensued. Mrs. Wade stated that the posting would be only a courtesy requirement. Mr. Williams further discussed the problems experienced in relocating a structure, and noted that relocation can be held up as long as two years depending on the financial market. Di scussion ensued. Mr. Wanush noted that house movers must now post bond to insure completion of a project. Mr. Williams noted that bonds are no guarantee of completion; he reiterated that he felt unnecessary restrictions were being placed on these businessmen. Mrs. Pierson noted that the matter can be more fully discussed at the Public Hearing on February 23rd. -4- V. SUBDIVISION WAIVER Centennial Shopping Center CASE #4-77 Associate Planner House stated that the application was filed on behalf of Harold C. Kalke, Trustee, c/o Schindler, Cummings, Inc 0 The staff contact has been with Neil True, of Warren A. Flickinger and Associates, Ltd., architects for the proposed project. The request is to divide the Centennial Shopping Center into basically three parcels: Parcel A, which is developed with a "Chicken Unlimited"; Parcel B-2, and Parcel B-1; the proposed Centennial State Bank construction would be on Parcel B-2, and the remaining parcel would remain as the shopping center proper. Mr. House pointed out that the boundaries of the Centennial Shopping Center were bordered on the south by West Belleview Avenue, on the west by South Federal Boulevard, on the east by the Englewood/Littleton City Limits, and on the north by the Belleview Bowl. The land is zoned B-2, Commercial, and has been so zoned since its annexation to the City of Englewood in 1962. Mr. House discussed the development of the surrounding area, noting that to the north is commercial development; there is commercial zoning to the east and south in Littleton, and a one-block long commercial zoning on the west. Single-family homes border on the west also. Mr. House stated that the 100-year flood plain for the South Platte River extends approximately 300 to 400 ft. to the east of the Centennial Shopping complex. A new shopping area is planned to the south of West Belleview Avenue in Littleton. Mr. House stated that Parcel "B-2 11 as designated on the plot plan is the proposed location of the Centennial State Bank. The structure is proposed to be 10,000 sq. ft., with an anticipated expansion to 13,500 sq. ft. The proposed "B-2" parcel does not have sufficient area to provide all the parking needed for the bank, and the applicant has negotiated a parking easement agreement with the shopping center to provide sufficient off- street parking for the Bank. Mr. House stated that the staif recommends approval of the requested Subdivision Waiver, contingent upon the following: 1. That eight (8) feet of additional right-of-way be dedicated on the north side of the existing right-of-way of West Be l leview Avenue where it abuts the entire southern boundary of the subject site in order to meet the Colorado Department of Highways' requirement for an acceleration/deceleration lane. 2. That in order to meet the requirements of the City Engineer, the proposed improvements as shown on the site plan for curb, gutter, sidewalks and entrance ways be co n structed, and that these improvements be amended to include : -5- a. An 8 foot wide by 6 inch (8' x 6 11 ) thick concrete cross pa n t o be constructed at all proposed entrance-ways to the subject site. b. Removal of the existing catch basin east of the curb and gutter and install a new catch basin in the flow- line. This improvement is to be located at the pro- posed south entrance to the subject site from South Federal Boulevardo c. Extension of the four (4) foot wide sidewalk north to avoid crossing the two triangular traffic islands and install curb ramps where the sidewalk meets the vertical curb. This improvement is to be located at the proposed south entrance to the subject site from West Belleview Avenue. d. Extension of the four (4) foot sidewalk straight west with no taper, to the east property line of the adjoining property at the northeast corner of South Federal Boulevard and West Belleview Avenue. Mro House discussed the recommended conditionso The matter of curb cut relocations and closures was consideredo Mr. House noted that Mr. Neil True, Architect, is present, and also Mr. Brownstein, the attorney for the property ownero Mr. Brownstein stated that he represents Mr. Kalke, who owns the property as trusteeo Mr. Brownstein stated that the lease between the Centennial State Bank and the shopping center property owner is not complete. He stated that the property owner is undertaking a major refinishing of the entire shopping center, including signing. The Centennial State Bank is now located within the shopping center structure itself, and the Directors of the Bank have indicated a desire to construct a free-standing building to house the Bank on the shopping center property. To enable the Bank to construct such a structure, the property owner must file a Subdivision Plat, or seek a waiver to the requirement for filing such a Plat. Mr. Brownstein stated that the applicant would agree to all the conditions as suggested by the staff; however, they are concerned that these conditions be completed prior to issuance of a "Building Permit"; he suggested that the wording could be changed to require completion prior to issuance of a "Certificate of Occupancy". He pointed out that some of the work could not be done until late spring, and this would delay construction of the building if the lease can be accomplished. Mr. Brownstein suggested that Mr. Kalke be required to provide a surety upon issuance of the building permit that these requirements will be completed prior to issuance of the Certificate of Occupancy. Mr. Brownstein stated that Mro Kalke is negotiating with the directors of the Centennial State Bank on the lease, and upon signing of the lease, Mr. Kalke will provide an easement agree- ment for parking between parcels "B-1" and "B-2"o Mr. Brownstein indicated the shopping center area on a map, and stated that -6- Mr. Kalke owns the entire area except for the Chevron Filling Station at South Federal Boulevard and West Belleview Avenue. Mr. Wanush asked how long negotiations on the lease would continue. How long would it be from the time the lease is signed to ground breaking? Mr. Brownstein stated that he felt the negotiations on the lease may continue longer than three weeks. Mr. Tanguma asked the style of architecture contemplated for the bank structure? Mr. True, architect, stated that the shopping center is presently carrying a Victorian theme, and they propose that this be continued throughout the development. Mr. True stated that they would require uniform signing with the exception of King Soopers and Eakers. He noted there was no continuity of theme when Mr. Kalke assumed control of the shopping center; they are now trying to establish controls and guidelines throughout the development. Mr. Wanush asked what guarantees the City would have to have to insure the improvements would be made after the construction is completed? He asked what recourse would be open to the City in the event the improvements were not completed? Assistant City Attorney DeWitt stated that if the applicant agreed with the conditions suggested to be imposed on the granting of the Waiver, and if the Waiver is granted, the City would have re- course through civil action, or could withhold a Certificate of Occupancy until such improvements were made. Mr. Wanush asked if the applicant would submit in writing a statement they agree to the conditions suggested to be imposed? Mr. Brownstein stated that he would be happy to have his client consent to these conditions. He noted, however, that these conditions should be contingent on their entering into the lease with the Bank. Mr. Owens asked what plans the property owner has for the area in the event the lease with the Bank is not signed? Mr. Brownstein stated that if the lease is not successfully negotiated, there would be no need for the waiver, and the site would stay as it is; they would stil l go ahead with the refurbishing of the remainder of the shopping complex though. Mrs. Pierson asked if there was any way the Waiver could be granted contingent on the negotiation of the lease with the Centennial State Bank? Mr. DeWitt stated that the property owner could, once the division of property is approved, put in any business that is permitted in the B-2 Zone Districto Mrs Pierson asked if there was any way that the use of the land identified as Parcel "B-2" could be stipulated for use by a bank? Mr. DeWitt cautioned against the imposition of "too many factors and too many conditions." He state d that the conditions suggested by the staff are necessary a nd should be allowed. The possibility of restricting the parcel to de- velopment by a commercial bank or savings and loan use was mentioned. Mr. DeWitt reiterated there should be extreme caution used in the impo sition of conditions. -7- Mr. Brownstein stated that he believed the applicants are doing or are willing to do everything that would be required in the filing of a Subdivision Plato He noted that the ingress/egress points to the complex will be improvedo Mr. Brownstein stated that he did feel the applicant has the right to put anything on the property that was permitted in the B-2 Zone District. He stated that he would object to a restriction of the type of use that could be placed on "Parcel B-2". Mr. Brownstein stated that his client is willing to limit themselves to the conditions proposed by the staff, but do request that the conditions be reworded to require the improvements prior to issuance of a Certificate of Occupancy rather than prior to the issuance of the Building Permit. Mro Ed Smith asked 11 the granting of the waiver would make the property owner obligated to fulfill the conditions in the event the lease is not negotiated? Mr. Wanush stated that the conditions would have to be complied with if the Waiver is grantedo Mrs. Wade asked how long Mro Kalke had been involved with this property? Mro Brownstein stated that Mr. Kalke had purchased the property in March of 1975. Mrs. Wade asked what plans were being developed for the current structure? Mr. True stated that the north wing of the structure is vacant, and is being remodeled so that King Soopers may take over at least half of this space. The remainder will be leased. Mrs. Wade asked if the drive-in facilities would become part of the new bank facilities? Mro True stated that the bank has indicated they want four drive-in windows, with a possible expansion to six windows. The matter of drainage was discussed. Mr. True stated that the improvements would not generate any additional run-off, and they have tried to abide by the "historical flow." Points of ingress and egress were discussed. Mr. True pointed out that some of the entrances will be closed; others will be widened and possibly relocatedo Discussion ensued. Mr. DeWitt again cautioned the Commission against imposing too many conditions and restrictions. Mr. DeWitt emphasized that the property owner does have the right to put on his property any use allowed in the applicable zone districto He stated that the Commission has the right to impose "reasonable" restrictions; but he did not feel the Ordinance extended the authority to restrict the use beyond that permitted in the applicable zone district. Discussion ensued. Mr. Owens asked the length of the lease negotiated with the Bank? Mr. Brownstein stated that they are negotiating a 10-year lease, and the Bank may exercise an option to purchase after the third year. Mr. Williams asked how long the Bank has been located in the shopping center complex itself? Mr. Brownstein stated that Centennial State Bank has been in the shopping center five years. Mr. -8- Williams stated that he felt the fact the Bank has been in the center for five years is a significant factor, and shows good faith on the part of the Bank that they want to remain in this general location. Mr 0 Brownstein stated that he does not want to eliminate the right to any use contained in the B-2 Zone Districto He acknowledged that their purpose in requesting the Waiver is the negotiation of the Bank lease. Mr. Brownstein stated that their request is that the Commission grant them a Waiver of the requirement to file a Subdivision Plat, thus approving the division of the property as shown on the plot plan pre- viously presented. They propose at the present time to con- struct a bank on the parcel identified as "B-2". It is not their intention that the property be bound to anything other than the conditions set forth by the staff, which he wants contingent upon the success1ul negotiation of the lease. Discussion ensued. Mr. DeWitt noted that the request is for approval of the division of property --not for the establish- ment of use. The applicant is requesting the Subdivision Waiver in an effort to comply with the Subdivision Regulations. He stated that he did not see any real need to restrict the use. Mrs. Pierson noted there had been problems in the past where Commission approval was granted on "promises", and these "promises" have not materialized. She asked if conditions could be placed on the property in the proper manner, who would be harmed? Mr. Tanguma asked if the waiver would apply only to the parcel identified as "B-2"j or for the entire site. Discussion en- sued. Mro Brownstein stated that in discussing the matter with Mr 0 Flickinger, of Warren A. Flickinger and Associates, Ltd., the point of limiting development of the site to a financial in- stitution was considered. Mr. Flickinger feels that it is to the best interest of Mr. Kalke, the property owner, not to limit the development of Parcel B-2, but rather to make the Waiver contingent on the division of the property which is to be encompassed in the lease. Mr. Brownstein reiterated that the applicant is asking for a waiver of the requirement that a Subdivision Plat be prepared and filed. Mr. Brownstein stated that if the lease is not entered into, there is no need for the Subdivision Waiver; therefore, they want the Waiver made contingent upon the successful negotiation of the lease. Discussion ensued. Mr. Wanush commended the applicant on their willingness to work with the staff and Highway Depart- ment on this request. He stated that the applicant is trying to meet all of the requirements that have been asked of them 0 Mr. Wanush stated that he does feel the Commission has the right to consider the use proposed for the property, but he would have to agree with Assistant City Attorney DeWitt re- garding the restriction of the use; this property is zoned B-2, Business, and may be used for any use permitted in that -9- zone distr i ct. Howe v er , a subdivision plat or a subdivision waiver must be obtained by the applicant before any further constru ction or development may occur. Discussion ensued. Mr. Brownstein stated that if the applicant filed a subdivision plat, there would be no restriction on the type of use permitted so long as it was permitted in the B-2 Zone District. Mr. Flickinger pointed out they have begun a refurbishing project for King Soopers, which will cost approxi- mately $300,000. He pointed out that whatever use might go in on Parcel B-2 must be approved by King Soopers. He stated that every attempt is being made to get the lease worked out with Centennial State Bank. Further discussion ensued. Jorgenson moved: Williams seconded: The Planning Commission approve the Sub- division~as requested by Harold C. Kalke, Trustee, for the following described property: Parcel A, B 1, B 2: Beginning at a point 40.0 feet North and 200.0 feet East of the Southwest corner of the W 1/2 of the SW 1/4 of the SE 1 /4 of Section 8, Township 5 South, Range 68 West, of the 6th P.M., thence N 89° 43' 52.5" E. parallel to the South line of said W 1/2 459031 feet to the East line of the W 1/2 of the SW 1/4 of the SE 1/4 of said Section 8, thence N 0 ° 00' 13 11 W along the East line of said W 1/2 680.37 feet, thence S 89 ° 43' 52.5" W 484.27 feet, thence N 0° E 12000 feet thence S 89 ° 43' 52.511 W 125.0 feet, thence S 0° 00' W 650037 feet, thence N 89° 43' 52 0 5" E 150.0 feet, thence S 0° 00' W 150 feet to the point o f beginning, except that part thereof conveyed to the City of Englewood by deed recorded January 4, 1957 in Book 999 at page 22 and described as follows: Tract No. 1 for Well No. 1 -the South 12 foot side being parallel with and 414,5 feet North of the South line of said Section 8 and the West 9 feet end being parallel wit h and 90.5 foot East of the West line of said SE 1/4. These parcels containing 406,930056 sqo ft. or 9.34184 acres of land, more or less. The approval is conditioned upon the fulfillment of the following requirements prior to issuance of a Certificate of Occupancy for the structure: 1 . That eight (8) feet of additional right-of-way be dedicated on the north side of the existing right-of-way of West Belleview Avenue where it abuts the entire southern boundary of the subject site in order to meet the Colorado Department of Highways' requirement for an acceleration/deceleration laneo 2. That in order to meet the requirements of the City Engineer, the proposed improvements as shown on the site plan for curb, gutter, sidewalks and entrance ways be constructed, and that these improvements be amended to include : -10- a. An 8 f oot wide by 6 inch (8' x 6") thick concrete cross pan to be constructed at all proposed entrance-ways to the subject site o b. Removal of the existing catch basin east of the curb and gutter and install a new catch basin in the flow- line. This improvement is to be located at the pro- posed south entrance to the subject site from South Federal Boulevard. c. Extension of the four (4) foot wide sidewalk north to avoid crossing the two triangular traffic islands and install curb ramps where the sidewalk meets the vertical curb. This improvement is to be located at the proposed south entrance to the subject site from West Belleview Avenue. d. Extension of the four (4) foot sidewalk straight west with no taper, to the east property line of the adjoining property at the northeast corner of South Federal Boulevard and West Belleview Avenue. AYES: Jorgenson, Owens, Parker, Pierson, Ed Smith, Tanguma, Wade, Williams NAYS: None ABSENT: Don Smith The motion carriedo Mr. DeWitt advised the Commission that the Subdivision Regula- tions are designed to govern the "division" of property; these Regulations do not govern the "use" of property. If the Com- mission feels the use of the property should be dictated, it would have to be through the Planned Development process. Don Williams asked if, when preparing the packet information, the staff could cite applicable Ordinances and applicable sections of the Municipal Code for the reference of the Com- mission memberso Discussion ensued. Mr. Wanush stated that the staff will cite references in the staff reports. Further discussion on the merits of attempting to limit develop- ment of property by "use" ensued. VI. COMPREHENSIVE PLANO Mr. Wanush stated that the City Council has asked that a dinner meeting be scheduled with the Planning Commission to discuss the procedure for review o f the Comprehensive Plan. Mr. Wanush stated that the Commission has a general outline for the review pro- cedure, and suggested that the Commission might want to hold off on discussion of the committees until after the dinner meetingo It was noted that the City Manager's memorandum gives a date . I -11- of March 23, 1 977, for the scheduled dinner meeting. Mrs. Pierson a sk ed members who could attend the dinner meeting at 5:00 P.M. on March 23, 1977, to so indicate. All eight members present indicated they would attend the March 23rd dinner meeting. (Secretary's Note: The date for the City Council/Planning Commission dinner meeting is actually February 23rd, 5:00 P.M.; NOT March 23rd as given in the memorandum.) Mr. Wanush reviewed a statement on the Comprehensive Plan which was prepared by the staff. The matter of advisory committees was discussed; it was noted that members of existing civic groups, City Boards and Commissions, the Chamber of Commerce, and others would be asked to participate. Mr. Wanush suggested that one procedure would be to study the present Comprehensive Plan and compare it to present conditions to determine the relevancy of the informationo Is it valid? If there is no reason to recommend changes, the subject advisory committee would recommend that this particular section is still valid; if, however, changes were felt to be warranted, that committee would be charged with recommendations to bring that section of the Plan up-to-date. Mr. Wanush stated that the staff has prepared suggested lists of names for each advisory committee. He suggested that the Commission might go through these lists and make additions or deletions as they felt necessary. He stated that he felt City Council should also be asked to sug- gest names and organizations to work on the review. The reasoning for chairmanship of the advisory committees by a member of the Planning Commission was discussed. Mr. Wanush stated that he felt the Planning Commission member would be given direction from the committee and from the full Commission, and could best fill the position of advisory committee chairman. Topics for discussion were considered. George Jorgenson stated he would like to work on the Public Facilities section of the Plan. Mr. Williams stated that he would work on the Transpor- tation section. Ed Smith stated that he would prefer to work on the Industrial Use and Development committee rather than on Storm Drainage. Mr. Wanush suggested that possibly the section on Storm Drainage could be combined with the section on Public Facilities. Committee preferences are: ,/Housing Preservation and Residential Development -Ed Tanguma vlndustrial Use and Development -Ed Smith __........Commercial Activities -Judith Pierson ....-Parks and Recreation -Mae L. Wade /Transportation -Don Williams vi>ublic Facilities and Drainage -George Jorgenson /Downtown Committee -Don Smith Further brief discussion on the review procedures ensued. -12- Mrs. Pierson asked if it would be permissible to have publicity in the Englewood Herald asking for volunteers to serve on the advisory committees? She stated that she hated to lose the six-weeks time until the March 23rd dinner meeting with City Council. Mr. Tanguma agreed, and pointed out that it has taken several years to reach this point in the reviewo Mrs. Pierson suggested that the staff inquire from City Council if it is contrary to their desires if the Commission solicits citizen names for service on the advisory committees? VII. DIRECTOR'S CHOICE. Mrso Pierson asked if there was anything further Mr. Wanush wished to discuss under Director's Choice? There was nothing further to be discussed. VIII. COMMISSION'S CHOICE. There was nothing discussed under Commission's Choice. The meeting adjourned at 9:25 P.M. ''tertrude ~W'e ty If' Recording Secretary -..