Loading...
HomeMy WebLinkAbout1985-03-19 PZC MINUTES• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION March 19, 1985 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Venard at 7:00 P. M. Members present: Magnuson, McBrayer, Stoel, Venard, Carson Members absent: Allen, Barbre, Beier Also present: D. A. Romans, Assistant Director of Community Development Susan T. King, Senior Planner Harold J, Stitt, Planner II II. APPROVAL OF MINUTES. March 5, 1985 Chairman Venard stated that the Minutes of March 5, 1985 were to be considered for approval. Magnuson moved: Stoel seconded: The Minutes of March 5, 1985 be approved as written . AYES: Stoel, Venard, Magnuson NAYS: None ABSTAIN: McBrayer, Carson ABSENT: Allen, Barbre, Beier Chairman Venard ruled that the Minutes stand approved. III. PLUMMER REZONING REQUEST R-2, Medium Density Residence to B-2, Business Carson moved: CASE #5-85 Stoel seconded: The Public Hearing on Case #5-85 be opened. AYES: Stoel, Venard, Carson, Magnuson, McBrayer NAYS: None ABSTAIN: None ABSENT: Allen, Barbre, Beier The motion carried. Mr. Venard stated that he does have in hand a copy of the public notice published in the official City newspaper, and the Certification of Posting submitted by the applicant. He asked that these items be made part of the record of this Hearing . Mr. Venard stated that a sign-in sheet has been circulated through the audience for people to sign who wish to address the Commission on the matter of the rezoning request. Mr. Venard stated that he would be calling on those people to come forward, state their name, and be sworn in; testimony should be directed to the Commission regarding the issue of the rezoning. -2- Mr. Venard asked if the applicant was present. Mr. Frank Cristiano stated that he is representing Mr. Plummer, who is present, and that he, Mr. Cristiano, will be making the presentation to the Commission. Mr. Cristiano stated that Mr. Plummer is the owner of property at 3511 South Downing Street, and also owns Fratelli's Restaurant at the south- east corner of South Downing Street and East Hampden Avenue. The restaurant was established 10 to 15 years ago, and has been very suc- cessful; the facility seats between 75 to 80 people at the present time, and Mr. Plummer wants to expand the restaurant to accommodate approxi- mately 150 in seating capacity. Mr. Plummer must provide off-street parking for the increased restaurant area, which he cannot do on the subject restaurant site. Mr. Plummer has tried to negotiate with an adjoining property owner for use of land for parking, but this has not been successful. Mr. Plummer has purchased property across South Downing Street to the west of the restaurant, 3511 South Downing Street; this is the second property south from Hampden Avenue. Mr. Plummer proposes to demolish the existing structure, which is substandard, and improve this site for a parking lot. However, to develop a parking lot on this site, Mr. Plummer needs to have the zoning changed from R-2, Medium Density Residence to B-2, Business. Mr. Cristiano pointed out that the site of the proposed parking lot is contiguous to the existing B-2 Zone District which runs along East Hampden Avenue. Mr. Plummer does have a demand for additional parking, and if the additional parking lot cannot be developed, he will not be able to expand the restaurant, which may in turn lead to his having to relocate to a larger site al- together. Mr. Cristiano stated that they propose to comply with the provisions of the Comprehensive Zoning Ordinance; they will comply with the landscaping requirements and fencing adjacent to the residential development. Mr. Cristiano stated that he is of the opinion that the restaurant and proposed parking lot are in compliance with the intent of the Comprehensive Plan, that this development fits in with the mixed use development along the Hampden corridor, and contributes to the busi- ness health and tax base of the community. Mr. Cristiano stated that Mr. Plummer submitted with the application, copies of statements from the land owners and neighbors in the area in support of Mr. Plummer's requested rezoning. He stated that Mr. Plummer received an excellent response, and received no objections to the proposed rezoning. There are also five people in attendance at this meeting who are willing to speak in support of the rezoning request. Mr. Cristiano summarized his presentation, stating that Fratelli's is an established restaurant which is revitalizing the area, the applicant will be taking a "problem" property and will develop it as a parking lot for this vital, productive business, and it will be a positive step for the community. Mr. Cristiano addressed a concern that had been expressed by City staff members regarding people crossing South Downing Street from the parking lot; he noted that people park up and down both sides of South Downing Street and cross the street to reach the restaurant now. People are also crossing Hampden Avenue, which carries much heavier traffic volume than South Downing. He noted that there is a signal at the intersection of South Downing Street/East Hampden Avenue, and that people could cross with the signal. Mr. Carson stated that he had spoken with Mr. Plummer, and that Mr. Plunnner indicated to him that signs would be installed at the restaurant and at the parking lot directing patrons to cross the street at the in- tersection with the light. • •• • • -3- Mr. McBrayer asked about the ground cover material and size of trees to be used on the landscaping plan. Mr. Plummer stated that the architect suggested Honey Locust trees; he does not know what size, and no decision has been made whether ground cover will be grass or whether it will be a rock and bark-chip cover. Mr. Plummer stated that he will be removing the existing trees on the site, and will install one tree, but reiterated that he does not know the size, or even the type of tree for sure. Mr. Plummer was not sure, either, whether he will have a sprinkler system installed. Mr. Plummer stated that the parking lot will be lighted. Mr. McBrayer asked if the Commission approved this plan as submitted, the applicant would have to plant a Honey Locust tree; is this correct. Mrs. Romans pointed out that the issue before the Commission is the change of zone classification from R-2, Medium Density Residence, to B-2, Business, and that the parking plan is not the subject of the Hearing. Mr. Plummer has not presented a specific plan for the parking lot or landscaping thereof. Mr. Venard asked if the parking lot would be of sufficient size that it will have to be considered by the Commission at a later date. Mrs. Romans stated that it will not .be; the applicant will have to comply with the landscaping provisions for parking lots at such time as the actual de- velopment of the lot occurs, but that this would be enforced by staff. Mr. Venard asked if the staff had anything they wished to add to the staff report, or comments they wished to make on the issue. Mrs. Romans stated the staff had nothing further to add, but will answer questions if the Commission has questions. Mr. Venard called on Mr. Nelson to address the Commission. Mr. Richard Nelson 6017 South Locust Street -was sworn in, and testified that he is in favor of the rezoning request. Mr. Nelson stated that he is a teacher in the Cherry Creek School system, and is also a part-time clerk at Old Town Liquors at 1215 East Hampden Avenue. Patrons going to Mr. Plunnner's restaurant park in the parking lot of the liquor store and cross Hampden Avenue to the restaurant. The parking lot provided by Old Town Liquors is for the patrons of that business, not for Fratelli's Restaurant. Mr. Nelson pointed out that the traffic traveling west on Hampden Avenue is traveling at a pretty good speed, and it is dangerous for persons crossing the street to get to the restaurant. Mr. Nelson urged approval of the rezoning request. Mr. Venard called on Mr. Hooper. Mr. Hooper declined to address the Commission, stating that he is a customer of Fratelli's, but did not come prepared to speak. Mr. Venard asked if there was anyone else who wished to speak to the Commission. Mr. Jess Crane 3502 South Marion Street -was sworn in, and testified that he is a property owner in the area, owning a four- bay garage on East Hampden Avenue, and the property at 3502 South Marion Street. Mr. Crane supported the development of a parking lot for the restaurant, noting that people cannot park on the street because it is -4- already crowded with customers going to the restaurant. Other people who provide off-street parking deserve to have that parking used by their patrons, not used by the customers of the restaurant. Mr. Crane stated that the Commission would be doing the people of the neighborhood a service by granting the rezoning to Mr. Plummer to allow the develop- ment of the off-street parking lot. Mr. Stoel asked about the residents who live in the area; what about the resident who has a parking lot developed right next to them. Mr. Crane stated that he could not speak for a resident who might be right next door to a parking lot, but pointed out that if the residents ob- jected to the proposal, he felt they should be present at this meeting to voice their objections. Mr. Cristiano pointed out that no objections were voiced when Mr. Plunnner took the letters around to the residents. Mr. Stoel pointed out that he would discount the majority of those letters submitted by Mr. Plummer, because they are signed by "tenants", not property owners and he would not place much validity in the tenants' signatures. Mr. Plummer pointed out that he went to both renters and property owners in seeking the letters of approval. Mr. Stoel stated that a lot of emphasis is being placed on the submission of the letters, which don't mean a lot to him because the renters may be there one day and gone the next day. He stated that the restaurant is an asset to the City, but the Commission must consider the ramifications of rezoning; if the rezoning is approved, there is no guarantee that the property owner will, in fact, build a parking lot on this site. Mr. Raymond Kavolt 1235 East Hampden -was sworn in, and stated that he is the manager of Gilmore Cleaners at the East Hampden Avenue address. He stated that they experience problems with people parking in their parking area and crossing the street to the restaurant. He stated that concern has been expressed about patrons of the restaurant crossing South Downing Street, but pointed out that they presently cross East Hampden Avenue; it should be much better to have a parking lot for the restaurant across the street on South Downing. In response to a question Mr. Kavolt stated that he did not feel the restaurant clientele will walk to the light at the intersection, but will cross the street directly from the parking lot; he pointed out, however, that South Downing Street does not carry the traffic that East Hampden Avenue carries. The de- velopment of the parking lot on South Downing Street will alleviate the congestion experienced by the businesses across Hampden Avenue to the north, and noted that he, for one, did not open a business on East Hampden Avenue to provide parking for Mr. Plummer's customers at Fratelli's. Mr. Venard asked if there was anyone else in the audience who wished to address the Commission. No other member of the audience addressed the Commiss i on. Mr. Venard then asked if any member of the Commission had any questions. Mr. Stoel stated that on the east side of the street in the 3500 block of South DowninR, there is a business; he asked if the staff knew what this business is. Mrs. Romans stated that there is a home occupation in that block, which she assumed Mr. Stoel was referring to, and that • • • -5- she will ask the Code Enforcement Officer to check it out. Mrs. Romans pointed out that the staff has had inquires about commercial zoning fur- ther south on South Downing Street, but there has not been a follow-up on these inquiries. Mr. Stoel stated that there is a mixed zoning on South Marion Street. Mrs. Romans referred to the official zoning map, pointing out the B-2 strip zoning, and the R-2 zoning for the remaining depth of the block. Discussion ensued. Carson moved: McBrayer seconded: The Public Hearing on Case #5-85 be closed. AYES: Venard, Carson, Magnuson, McBrayer, Stoel NAYS: None ABSENT: Allen, Barbre, Beier ABSTAIN: None The motion carried. Mr. Venard asked the pleasure of the Commission. McBrayer moved: Carson seconded: The Planning Commission refer the rezoning request filed by Mr. James Plummer for 3511 South Downing Street to City Council with a favorable recommenda- tion. AYES: Carson, McBrayer, Stoel, Venard NAYS: Magnuson ABSENT: Allen, Barbre, Beier ABSTAIN: None The motion carried. Mr. Venard thanked members of the audience for their attendance and participation in the Public Hearing. Mr~ Plummer was informed that the recommendation of the Planning Com- mission will be submitted to the City Council, and another Public Hearing will be held by the Council at a date to be determined. IV. RIGHT-OF-WAY VACATION South Pecos Street West Warren Avenue CASE #6-85 Mr. Venard asked if the applicant for the right-of-way vacation was present. Mrs. Romans stated that she had talked to Mr. Dodson earlier in the week, and he had stated at that time that he would be attending the Commission meeting. Mrs. Romans stated that Mr. Dodson has worked verv closely with the City staff. and has been trying to ~et the vacation request before the Commission and council for a number of years. She requested permission for the staff to proceed and make the presentation on behalf of Mr. Dodson in his absence. Mr. McBrayer expressed concern that the Commission should proceed with- -6- out the presence of the applicant. Mr. Stoel asked why it has taken so long to get the vacation before the Commission. Mrs. Romans stated that the centerline of the right- of-way for South Pecos Street and West Warren Avenue is the boundary between the City and County of Denver and Arapahoe County. The position has been taken that inasmuch as one-half of the right-of-way is in an- other governmental jurisdiction, the right-of-way should be vacated by both entities at the same time, if possible. Mrs. Romans stated that the Englewood staff has met with representatives of Denver; in Denver it is the policy that a "fee" must be paid to get something before the City Council. The ownership of the property has changed several times since the initial request for vacation of the right-of-way was made, and until this time a property owner has not followed through on the request. Mrs. Romans pointed out that the right-of-way being considered in this case all came from this subject property, and does not serve any public purpose. Mrs. Romans stated that Denver has now vacated the right-of-way on South Pecos Street. Mr. Dodson has paid the fee to Denver on behalf of the property owners to the north of West Warren Avenue, and the application has been filed in Denver. Mrs. Romans stated that Mr. Dodson has been given permission to put a fence across the street to try to keep people from dumping trash on the site; this has been a big problem on this property for a number of years. She stated that the right-of-way cannot be utilized, so it serves no public purpose, and in her opinion, should be vacated. Mr. McBrayer stated that he appreciates the time and effort the staff has put into this request, but he does feel the applicant was advised of the date and time of the meeting at which his request would be con- sidered, and that he felt the staff should not be responsible for making the presentation for the applicant. Mr. McBrayer stated that he felt the Commission should hear both sides of the issue. Carson moved: Magnuson seconded: The vacation of right-of-way for South Pecos Street and West Warren Avenue be tabled until the next meeting. Mrs. Romans stated that she would notify Mr. Dodson of the Commission's action, and notify him of the date and time of the next meeting. The vote was called: AYES: Carson, Magnuson, McBrayer, Stoel, Venard NAYS: None ABSTAIN: None ABSENT: Barbre, Beier, Allen The motion carried. V. PUBLIC FORUM. There was no one in the audience who wished to address the Commission at this time. • • • • -7- VI. DIRECTOR'S CHOICE. Mrs. Romans introduced Kamal Jamad, a student at UCD who is observing the meeting as a class project. Mr. Jamad requested clarification of "vacation of right-of-way'', Mr. Venard and Mrs. Romans addressed this issue in further detail. Mrs. Romans stated that reservations have been made for Mr. and Mrs. Carson's attendance at the DRCOG Annual Banquet to be held on March 27 at the Westin Hotel. Mrs. Romans a ·sked if there were other members who wished to attend this banquet. No one else indicated they wanted to attend. Mrs. Romans stated that the Comprehensive Zoning Ordinance amendments have all been referred to City Council; it is anticipated that the Public Hearing will be scheduled for April 22nd. The Ordinance is to be published in full in the Sentinel on March 20th. VII. COMMISSIONER'S CHOICE. Mr. Carson presented some pictures from Clearwater, Florida on a trash pick-up procedure; this is a one-man operation, and takes 10 seconds per house. Mr. Venard suggested that these photographs should be sub- mitted to Mr. Allen. Mr. Venard also pointed out that further considera- tion of the goals of the Commission will also be taken up at a later meeting. Discussion ensued on Case #5-85, and the letters that were submitted by Mr. Plummer. Mr. Stoel reiterated previous statements that the majority of the letters were signed by "tenants", not "owners". Mr. Magnuson stated that he voted "no" on this matter because he is concerned about the continual encroachment of business zoning into the residential areas. Mr. Bill Speck, a student observer from UCD, asked what the procedure would be at the City Council level on the rezoning. Mr. Venard stated that City Council will have to set a public hearing on the rezoning, also, and will make their decision based on the facts presented at that hearing, in addition to consideration of the documentation presented from the Planning Commission and staff, Mr. Speck asked if the recom- mendations of the Commission are usually made based on whether there is objection from the neighbors. Mr. Venard stated that this may be a part of the consideration of the Commission. The meeting adjourned at 8:00 P. M. G :r trude G. Wel 1:J:' Recording Secre.t'.~ry