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HomeMy WebLinkAbout1979-04-03 PZC MINUTES.. • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION April 3, 1979 I. CALL TO ORDER. The regular meeting o f the City Planning and Zoning Commission was called to order at 7:00 P o M. by Chairman Tanguma. Members present: Carson , Draper, Lathrop, Smith, Tanguma, Williams, Bilo Wa nush , Ex-o fficio Members absent: Pierson, Becker Also present: Associ ate Planner Alice Fessenden !!0 APPROVAL OF MINUTES 0 Chairman Tanguma stated t hat th e Minutes of March 20, 1979, were to be cons i dered fo r approval. He asked if there were any changes or corrections to be made? Director of Community Development Wanush stated that on Page 25, #6 should be amended to read: "Private lanes serving townhouse garages shall be no less than 22 feet wide WHEREVER GARAGE ENTRANCE FACES GARAGE ENTRANCE to provide adequate maneuverability. Carson moved: Lathrop seconded: Th e Minutes of March 20, 1979, be approved a s corrected on Page 25, #6. AYES: Bilo, Carson, Draper, Lathrop, Tanguma NAYS: None ABSTAIN: Smith, Williams ABSENT: Pierson, Becker The motion carried o III 0 PLANNED DEVELOPMENT Timber Lea Findings of Fact CASE #6-79 Mr. Tanguma asked if there was any discussion on the Findings of Fact on the Timber Lea Planned Development, which was con- sidered at public hearing on March 20, 1979? Draper moved: Carson seconded: The Pl a nning Commission approve the Findings of Fact for the Timber Lea Planned Development, Case #6-79, and refer these Findings of Fact t o City Council o -2- AYES: Bilo, Carson, Draper, Lathrop, Tanguma NAYS: None ABSTAIN: Smith, Williams ABSENT: Becker, Pierson The motion carried. IV. COUNTRY CLUB JOINT VENTURE Resolution on Amendment to Subdivision Waiver CASE #21-78 Mro Wanush stated that at the meeting of March 20, 1979, the Planning Commission considered a request for an amendment to the Subdivision Waiver granted the Larwin Multi-Housing Corpora- tion in 19720 This request for an amendment was filed by Country Club Joint Venture, n nd was approved by the Planning Commission with specific conditions attached to the approvalo The Resolution before the Commission this evening contains more precise legal language, and spells out the Ordinances un- der which the Planning Commission took its actiono Reference is made to an Exhibit A, which is the legal description of the site owned by Country Club Joint Venture. Exhibit B is also referred to, which are the conditions attached to the approval of the request for amendment of the Subdivision Waivero In addition to the conditions, several maps, elevations, etc. will be filed as part of the record. Mr. Wanush pointed out that there are some changes in language which he would like to suggest in the conditions approved on March 20th, and also he suggested three additional conditions. In Condition #1, Mr. Wanush stated that reference to Exhibit "A" should be changed to "Exhibit B-l"o In Condition #2, he stated that the figures should be changed to "Twenty-six (26) of the thirty (30)" three-bedroom town- house units. Condition #15 is suggested to read that "No campers, trailers, boats or other similar personal property shall be permitted TO BE PARKED OR TO BE STORED .• o o." Mr. Wanush read Condition #16, which is a new condition: "It is understood that all streets, roadways, lanes and ways shall remain private. It is the clear intention of the Planning and Zoning Commission that these streets, roadways, lanes and ways shall never be dedicated to the Cityo" Mro Wanush stated that there is some concern that the streets should be constructed to City standards, and should be dedicated to the City now. This is not a requirement, and the City would not accept the streets in the development that are presently constructed. Mr. Tanguma asked if there could be a statement inserted to require that the streets be kept in good repair? -3- Mr. Carson questioned whether the streets would be dedicated to the City where they have water and sewer lines in them? Mr. Wanush stated that the water and sewer lines would be dedicated to the City, but not the street itself . Mr. Williams asked if these conditions are in lieu of a Planned Development? Mr . Wanush stated that the entir e pro- cedure is in lieu of a Planned Development. Mr. Wanush cited Condition #17, a new condition, which reads: "As specified in the applicant's application, more specifically the section entitled "Proposed Development" no townhouse unit shall exceed 30 feet in height as measured from existing grade . It is further understood that the heights of all buildings shall be measured from existing grade." He suggested that this b e changed to read: " •...• the section entitled "Propose d Deve lopment, WHICH IS IDENTIFIED AS EXHIBIT B-l(f), no townhouse •••.• " Condition #18, a newly proposed condition, was cited, and reads: "Before the cons t ruction of Pa rcel A, the developer shall pre- pare and have approved by the Parks and Recreation Director plans for a children's p lay area in said Parcel A indicating location and t ype o f a p paratus." Mr. Smith questioned t h e purpose of approval by the Parks and Recreation Depa rt ment ? Mr. Wanush stated that approval by the Parks and Recre ation Director would be in lieu of bringing the plan back before the Planning Commission. Discussion ensued. Mr. Smith pointed out that this does not say that the recreation area for children will be "built", only that it shall be approved. It was suggested that a statement be added to this condition that "No Building Permits shall be issued in Parcel A without a previously approved construction schedule for the childrens play area in said parcel." Mr. Wanush stated that he would also suggest that Condition #13 be made the last condition, or Condition #18, and that those conditions be renumbered accordingly. Mr. Wanush stated that he felt there would be further considera- tion of this project, and cited the matter of the tennis courts proposed in near proximity to Romans Park. He pointed out that Parks and Recreation Director Romans wants these tennis courts to be dedicated to the City, but the developer has stated they are part of the private development and he will not dedicate them to the City. Mr. Wanush stated that he would like to discuss this further with the developer and the architect and possibly arrange the tennis courts at a different location in the site. He stated that he felt there could be a potential problem with the public using Romans Park wanting to use the private tennis courts as well . -4- Mr. Bilo asked if there would be recreational areas for children in any of the other phases, or only in Parcel A? Mr. Wanush stated that the majority of the three-bedroom units are in Parcel A, which is on the western portion of the site, and the only other three-bedroom units are in the eastern phase. Mr. Bilo suggested that perhaps the two-bedroom area should have play areas for children, also . Mr. Smith pointed out that with the regrouping of structures, there will be con- siderably more green area, and that he felt that this will be adequate. Mr. Tanguma asked if there were further discussion on the Resolution? Mr. Lathrop asked what responsibility the City would be assuming if some child was hurt on the apparatus in the play area after it has been approved by the Parks and Recreation Department? Mr. Wanush stated that he didn't feel there would be a liability, but that the City can always be sued. Mr. Smith stated that the way he read this Condition, the Parks and Recreation Director would approve the location of the play site, not approve the apparatus; he did not think there would be any liability. Mr. Williams ask ed if the re was assurance that the construction would begin on the eastern end of the site first? Mr. Wanush stated that in the developer's plans, it is stated that the initial construction will be on the eastern portion of the site. Mr. Edsall 3295 South Franklin -stated that he had a couple of comments he wanted to make . He stated that he felt there should be a construction schedule setting forth the time of construction on all the tennis courts and recreation facilities. Mr. Wanush pointed out that if a tennis court is indicated in a particular phase, it would be constructed in conjunction with that phase. Mr. Edsall stated that this is an "assumpt~on", but it is not written down. He emphasized that he felt every- thing must be written down as it pertains to the development by Country Club Joint Venture, and cited the problems they experienced with the Larwin Corporation . He pointed out that recreation facilities were to have been a part of the Larwin project also; but they were never built. Mr . Smith pointed out that the Larwin Corporation never got that far in their development; the recreational facilities were to be located in the center of the proposed development, which was never built. -5- Mr. Edsall reiterated that he wanted everything written down 0 He stated that something like the children's play area was too important to be left to "bureaucrats" in the City; he strongly protested that the Director of Parks and Recreation would approve the location of the play area. He stated that he felt this should be a responsibility of the Planning Commission to approve something like thiso He stated that he did not feel such de- cisions should be left to City people and employees --or "you will regret it." Mr. Edsall stated that "we" are building the water line down the middle of the site, and the developer will tap on to ito Mr. Smith took issue with this statement; he pointed out that the water line would have been put in re- gardless of the Country Club Joint Venture development; the tap fees they will pay will go to finance the construction of the line. Mr. Edsall stated that his water bill increased dramatically in the last year, and that "this is the reason why". Mr. Smith stated that the increase in water rates has "nothing to do with development on this site." The increase in water rates was to finance a general over-all maintenance and improvement programo Mr. Williams noted that on the sewer line, revenue bonds will be floated, and the tap fees would pay off the bondso Mr. Edsall stated that sooner or later the residents of the development will ask the City to take over the streets; he feels they should be dedicated and constructed to City standards in the first place. He stated that he felt this should be "done right in the first place", and the streets should be dedicated public streets. Mr. Edsall stated that there was a request from the Larwin development to convert the existing units to condominiums; he was glad that City Council agreed to postpone the determination for a time. Mr. Smith stated that there was nothing before City Council on the conversion of those units to condominiumso There was discussion on an entirely different proposed develop- ment which is for 11 single-family detached homeso Mr. Smith emphasized that this request had absolutely nothing to do with conversion of units to condominiums. Mr. Joe Smolski 3276 South High Street -asked if the units constructed by the Larwin Corporation would be included in the usage of the recreational facilities proposed by Country Club Joint Venture? Mr. Tanguma stated that he did not believe that they would be. Mr. Smolski stated that when the plans for the Larwin site were approved the recreational facilities were intended for the en- tire site, "but now you are slicing those portions off and saying they can't use the recreational facilitieso" He felt that the conditions that were imposed on the Larwin Corporation should be imposed on Country Club Joint Ventureo -6- Mr. Wanush pointed out that Larwin Corporation has sold Kimberly Woods and Kimberly Village to separate owners, and has sold the undeveloped property to Mr. Regan of Country Club Joint Venture. There are now three separate ownerships on the site; he stated that there was no way to prevent the sale of the property, and that this has led to the situation where these two phases are without recreation facilities. Mr. Smolski urged that the conditions imposed on the Larwin Corporation be imposed on the Country Club Joint Venture de- velopment to force them to provide recreational facilities for Kimberly Woods and Kimberly Village. Mr. Smolski stated that if development by Country Club Joint Venture begins on the eastern limit of the site, and if for some reason he should not complete the rest of this site, this would be another phase with no recreational facilities. Mr. Wanush pointed out that none of the tennis courts are situated in the first phase of construction as proposed by Mr. Regan; however, he is required to construct two of these tennis courts in conjunction with the construction in the first phase. In addition, the multi-story structure proposed for this phase will have the first floor devoted to a swimming pool, sauna, and other recreational uses. Mr. Smolski stated that there is nothing in the proposed con- ditions on flood control on this siteo Mr. Wanush stated that the engineering design on the drainage system has been approved, and that these conditions have not been changed. Mr. Smolski stated that the flood control measures for the Larwin Corporation developments are inadequate; inasmuch as the portion of the site is undeveloped, he felt that changes can be made in the requirements for drainage control. He stated that he did not feel the City is fulfilling their obliga- tions to the people of the area. Mr. Smith pointed out that the City has spent $8,000,000 in the last five and one-half years on the flood control system; this site is not within the 100-year flood plain. The flood control system is designed to handle the two-year storm, with the over-flow up to a 100-year storm to be handled in the Romans Park area. Mr. Smolski pointed out that the additional develop- ment on the site will increase the runoff and flooding potential of this area; the present controls are inadequate, and there is nothing required to control the flooding on this project. Mr. Smolski referred to a study done by former Planning Commissioner/ City Councilman Don Fullerton on the flooding potential of this site if it were developed to its maximum; he stated that his study was not taken into account by the City at the time the Larwin plans were approved. He cited one of the conditions im- posed on the Larwin Corporation, and questioned why it could not also be imposed on the Country Club Joint Venture? Mr. Smith pointed out to Mr. Smolski that the third phase of the Northeast Englewood Drainage Basin is still under con- struction. Mr. Smith discussed the storm drainage system throughout the City; he noted that the third phase of the • -7- Northeast Englew o od Basin should be finished in September. Discussion ensue d. Mr . Smolski stated that he felt this was a "lot of double -ta l k", and is mis-leading to the people of the area. Furt h er discussion ensued. Mr. Smith again pointed out that the sto rm system itself is designed for a two-year storm, and that Romans Park is designed to hold the over-flow up to a 100-year storm. Mr. Smith stated that it is his opinion that "the residents of that area would fight anything that would go up, no matter how good it was ." He stated that if someone wanted to build the Larwin plan out as it was presented, he felt it would be an absolute disaster; now, there is an amended plan, the proposed developer of which bas worked on this for two years trying to get good plans for this site. Mr. Smolski stated that the residents of the area want a guarantee that the development will be completed. Mr. Smith stated that this cannot be guaranteed; he pointed out the many variables such as marketing, etc., that must be taken into con- sideration. Mr. Smolski suggested that a completion bond should be required such as they do on State and Federal projects. Mr. Smith stated that a completion bond such as Mr. Smolski referred to cannot be required unless federal or state monies are used on the project; this is private enterprise. He stated that Mr. Regan is posting a bond on the construction of the sewer line. Mr. Smolski stated that the development of this site was to be for the "betterment" of the City; he pointed out the fact that there are narrow streets that fire trucks cannot maneuver, and while the proposed plan shows some improvement, there is no guarantee the project will ever be constructed or completed. He stated that he is concerned about drainage; with additional blacktopping on the site, those residential areas to the north will be inundated. He stated that if his house is ever flooded, he will file suit against the City . Discussion ensued. Mr. Smith stated that he felt Mr. Smolski must understand that the Romans Park was designed to hold the over-flow up to a 100-year storm, as defined by Urban Drainage and Flood Control District and the Federal Flood Insurance Administration . Mr. Smith again discussed the storm drainage system in Englewood, and what it is intended to achieve. He reiterated that once this construction is comp l eted on the storm drainage basin, he felt the residents of the area will notice an improvement in the situation. Clifford Harvey 3345 South Lafayette -stated that he is concerned about the future of South Lafayette Street. He noted that one of the conditions imposed on the Country Club Joint Venture is the dedication of five feet on the east side of Lafayette from Hampden to Girard. He asked where additional right-of-way would come from if it was determined that the street should be widened from Girard to Floyd? Mr. Harvey stated that the original Larwin plans indicated three entrances; two from U.S. 285, and one on South Lafayette Street at Girard. Now, the plans from Country Club Joint Venture indicate an additional entrance on South Lafayette Street. • -8- Mr. Wanush pointed out that one of the conditions imposed on the Larwin Corporation was the provision of a five foot dedication from East Hampden Avenue to East Floyd Avenue at such time as it was required by the Director of Public Works; however, this dedication was not to be required sooner than two (2) years nor later than five (5) years from the date of approval. Mr. Wanush pointed out that the five year time element has elapsed and cannot now be required to be dedicated by Larwin; if the additional right-of-way were to be needed it would require pur- chasing by the City. Mr. Harvey stated that his concern is whether, from Girard to Floyd, the five feet might be taken from the east side or west side. He pointed out that the Larwin Corporation had brought in quite a bit of fill prior to construction, and if the right- of-way is taken from the east side he questioned that the structures would be safe without construction of a retaining wall or some other similar measure. Mr. Harvey stated that if it is the thought of the Commission that future widening of Lafayette Street from Girard to Floyd should come from the east side of the street, he felt this should be reflected in the record. Mr. Harvey also discussed the matter of parking along South Lafayette Street, noting that on weekends, it is impossible to park in fr ont of his house. Mr. Lathrop empathized with Mr. Harvey regarding the parking problem in front of his house, citing the problems he has experienced with Medical Center employees and car-poolers who use South Clarkson Street. Mr. Lathrop stated that in regard to the flooding and storm sewer system, he recalled that with- in the past two years, the City adopted a new mapping on all flood plains within the City. Mr. Lathrop discussed the fact that no guarantee can be given that the entire Country Club Joint Venture project will be built; he stated that he does believe Mr. Regan is sincere and intends to build the project, but pointed out that there is the matter of financing and marketing that must be considered. Discussion ensued. Don Smith suggested on Condition #5, that a statement be added that "Any further widening on South Lafayette Street from Girard Avenue north to Floyd Avenue shall utilize addit ional required right-of-way on the east side of the street." Mr. Edsall again referred to the matter of storm drainage, and cited the following condition imposed on the Larwin Corpora- tion in 1972: "Approval of on-site grading and storm drainage plans by the Director of Public Works so as to limit peak dis- charge at the 100-year storm to 60 cfs and storage of the balance of the runoff on either the applicant's property, or that dedi- cated to the City by the applicant for public park purposes." Mr. Smith and Mr. Wanush pointed out that the condition cited by Mr. Edsall states "on EITHER THE APPLICANT'S PROPERTY, OR THAT DEDICATED TO THE CITY by the applicant for PUBLIC PARK PURPOSES. Discussion ensued. • -9- Draper moved: Lathrop seconded: The Planning Commission adopt Resolution #3, Series of 1979, as amended, with the following conditions to be made a part of that Resolution: 1. Development of the subject parcel shall comply with the General Development Plan, which shall include the site plan, the landscape plan, the parking plan, the elevations of structures and the written development proposal identified as Proposed Development, which is set forth in the attached Exhibit B-1. The Site Plan shall be submitted in a scale of not less than 1 11 = 50'. 2. The development, which may proceed in stages, shall contain no more than 1,116 units. Twenty-six (26) of the thirty (30) three-bedroom townhouse units which are designed to accommo- date families shall be located in the Englewood School Dis- trict. This is the area west of South Franklin Street, ex- tended. 3. The development shall provide not less than 45% of the site to be set aside for open space and recreation pur- poses. Five lighted tennis courts shall be contained in the development with two built in the first phase of con- struction. 4. Fire lanes, emergency access, and maneuvering areas for fire equipment shall be approved by the Fire Chief. Accessi- bility for fire equipment shall be maintained at a distance no greater than ten (10) feet on a minimum of two (2) sides of each multi-story building . The applicant shall designate fire lanes and emergency access by approved signs prior to the issuance of Occupancy Permits for each phase or stage. No parking shall be permitted in designated fire lanes, and the police shall be granted the right to enforce the parking restriction. 5. The applicant shall dedicate the west five (5) feet of the land adjoining South Lafayette Street to provide a turning lane into and from the project site. All costs of con- structing the turning lane to City specifications shall be at the developer's expense. The lane shall be constructed prior to the issuance of Occupancy Permits in that area identified as Parcel A. Any further widening of South Lafayette Street from Girard Avenue north to Floyd Avenue shall utilize additional required right-of-way on the east side of the street. 6. Private lanes serving townhouse garages shall be no less than 22 feet wide wherever garage entrance faces garage entrance to provide adequate maneuverability • -10- 7o An agr e ement shall be exercised between Country Club J o int Venture and the City of Englewood for the installation o f a supplemental sewer line from the development to the Bi- Ci ty Waste Water Treatment Plant. 8. The development of the subject parcel shall comply with the provisions of all applicable Fire and Building Codes. 9. At such time as all plans pertaining to building construction are approved, Building Permits may be issued for the develop- ment of the subject site following approval of: ao The on-site grading and storm drainage by the Director of Public Works. b. The plans for the location and specifications of on- site water lines, hydrants and sewer lines by the Fire Chief and Director of Utilities. co The curb cuts by the Director of Public Works. ct. Th e parking and traffi(' circulation plan for the parking areas for the liigh rise building by the Director of Planningo 10. Easements shall be provided for all water and sewer lines and for access for fire and police emergency vehicles. All water and sewer lines shall be in public ownership. 11. Plans for security procedures to be utilized during con- struction shall be approved by the City prior to any con- structiono Access for construction vehicles shall be limited to the south (U. s. 285) side. 12. Minor changes in the location, setting, height or char~cter of buildings and structures may be authorized by the Director of Community Development if required by engineering or other circumstances not foreseen at the time the development pro- gram was approved. No change authorized by the Director of Community Development may increase the size of any building or structure by more than five (5) percent, nor change the location of any building or structure by more than ten (10) feet in any direction. The Director of Com- munity Development may not approve the relocation of any building or structure so that the building or structure is closer to any side or front property line than was approved on the general development plan. All other changes in the general development plan including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of the Subdivision Waiver. -11- 130 No building permits shall be issued for later phases of construction until the first phase is developed, or until a bond is posted to guarantee completion of the first phase. 140 Landscaping along the east boundary of subject site shall be installed and maintained as per the landscaping plan. No campers, trailers, boats or other similar personal property shall be permitted to be parked or to be stored in the parking area on the eastern boundary of the develop- ment o Further, that all trash containers and pick-up points serving the eastern portion of the proposed development shall be located to the west of the eastern-most buildings in the development. 150 It is understood that all streets, roadways, lanes and ways shall remain private. It is the clear intention of the Planning and Zoning Commission that these streets, roadways, lanes and ways shall never be dedicated to the Cityo 160 As specified in the appli c ant's application, more specifically the section entitled "Proposed Development", which is iden- tified as Exhibit B-l(f), no townhouse unit shall exceed 30 feet in height as measured from existing gradeo It is further understood that the heights of all buildings shall be measured from existing grade. 170 Before the construction of Parcel A, the developer shall prepare and have approved by the Parks and Recreation Director plans for a children's play area in said Parcel A indicating location and type of apparatus. No Building Permits shall be issued in Parcel A without a previously approved construction schedule for the children's play area in said parcel. 18. The Country Club Joint Venture agrees to be responsible for and to protect, save harmless and indemnify the City of Englewood, Colorado, adjacent or other property owners and residents from and against all loss, damage, cost and expense of every kind and description caused directly or indirectly by Country Club Joint Venture in connection with and during the entire period of development of said tract of lando AYES: Bilo, Carson, Draper, Lathrop, Smith, Tanguma NAYS: None ABSTAIN: Williams ABSENT: Becker, Pierson The motion carried. -12- Mr. Wanush stated that he would suggest that Country Club Joint Venture be placed on the agenda for the first meeting of every month to enable the staff to report progress on this development to the Planning Commissiono Mr. Tanguma stated that he felt this would be a good idea, and ordered this to be done. V. DIRECTOR'S CHOICE. Mr. Wanush stated that the City Council heard an appeal from Mr o and Mrso William Davis on the vacation of South Acoma Street north of West Jefferson Avenue, and approved the requested vacationo This action was taken at the meeting of April 2, 19790 The Timber Lea Planned Development was postponed by City Council for consideration on April 16th. Mr. Wanush stated that the City has applied for $226,000 in Community Development Block Grant funds from HUD, for use in the Rehab Loan Program. The City has been invited to submit a full application, and to do so the City must hold additional public hearings to review the ~xi sting program and to discuss the new applicationo The Public Hearing before the Planning Commission has been set for April 24th; this will be advertised in the official newspaper, and participants in the Rehab Program will be invited to attend. VI. COMMISSION'S CHOICE. Mr. Tanguma asked when the next regular meeting was scheduled? The Commission was reminded that the next regular meeting is set for April 17th, at which time a Public Hearing on the Comprehensive Plan is scheduled. The meeting adjourned at 8:40 P.M. Gt~Mltl dt4-- Recording Secretary -13- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 3, 1979 SUBJECT: Timber Lea Planned Development Findings o f Fact RECOMMENDATION: Draper moved: Carson seconded: The Planning Commission approve the Findings of Fact for the Timber Lea Planned Develop- ment, Case #6-79, and refer these Findings of Fact to Ci ty Council. AYES: Bilo, Carson, Draper, Lathrop, Tanguma NAYS: None ABSTAIN: Smith, Williams ABSENT: Becker, Pierson The motion carried. By Order of the City Planning and Zoning Commission. ~~:14 Recording Secretary -14- CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 6-79 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE APPLICATION OF THE ) PLANNED DEVELOPMENT DISTRICT ) REGULATIONS TO A CERTAIN PAR-) CEL OF LAND IN THE CITY PUR-) SUANT TO §22.4A-1 OF THE COM-) PREHENSIVE ZONING ORDINANCE ) OF THE CITY OF ENGLEWOOD, ) COLORADO ) A Public Hearing wa s held in connection with Case No. 6-79, on March 20, 1979, in the City Council Chambers at the Engl ew ood City Hall. Tho .;e members of the City Pl..i.nning and Zoni ng Commission who wer n pr esent during the Hearing were: Mrs. Becker, Mr. Bilo, Mr. Carson, Mr. Draper, Mr. Lathrop, Mrs. Pierson and Mr. Tanguma. Mr. Smith and Mr. Williams were absent. FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations, reports and filed documents, the Commission makes the following Findings of Fact. 1. That proper notice of the meeting to consider the Planned Development was given by legal notice in the of- ficial City newspaper and by posting the subject property. 2. That the area which was being considered is described as: Commencing at a point on the South line of East Cornell Avenue, 213 feet east of the east line of South Clarkson Street, thence East 98 feet, thence South 134 feet, thence East 121 feet, thence South 66 feet, thence East 47 feet, thence South 125 feet, thence West 168 feet, thence South 50 feet , thence West 168 feet, thence North 250 feet, thence East 70 feet, thence North 125 feet to point of beginning, except the West 8 feet thereof. Section 35, Township 4 South, Range 68 West. 3. That the Planned Development application was filed by Gilbert E. Vocate, Vocate Associates, Inc., on be- half of Alsum Brothers, Inc., and D. J. Weakland, President, Don Weakland Greenhouses, Inc. -15- 4. That Alsum Brothers, Inco is owner in contract of the subject property and Don Weakland Greenhouses, Inco is the sellero 5. That the subject property was annexed to the City by Ordinance Noo 2, Series of 1946, and has been zoned for single-family residential use since that time; the present R-1-C, Single-family Zone classification being imposed in 1963. 6. That the property which is the subject of this application has been the location of a greenhouse since 1927, which use has been Non-conforming in the R-1-C, Single-family Zone classification. 7. That the subject property is an unplatted, in- terior parcel with the rear yards of single-family properties on its perimeter to the north, east, south and west and with limited access to East Cornell Avenue on the north and East Dartmouth Place on the southo 8. That the subject parcel is virtually landlocked and in order for it to be deve l oped with single-family houLJes, it will be necessary to create a site-oriented environmento 9. That the purpose of the Planned Development Dis- trict is to permit and encourage diversification in the loca- tion of structures and the appropriate relationship of the structures to the site without inhibiting the potential ad- vantages of new and imaginative techniques and concepts of designo 10. That the proposed Planned Development, to be identified as Timber Lea, has taken into account the uniqueness of the site and will bring the use of the ground into conformance with the Comprehensive Zoning Ordinance. 11. That the applicant has filed the required data, plans and maps and has agreed to comply with the following conditions in addition to compliance with all applicable codes and ordinances: (1) The private roadway is to be constructed to Englewood's street construction stan- dards and shall be maintained by the prop- erty owners having access thereto. There shall be an emergency gate on the south end of the private roadway serving the Timber Lea Planned Development to preclude traffic from this development entering from or exiting to East Dartmouth Place. (2) A drainage study comparing the present volume of runoff and the volume after the development is complete must be approved by the Director of Engineering Services prior to the issuance of Building Permits. -16- (3) The location and size of water and sewer lines and easements must be approved by the Director of Utilities prior to the issuance of Building Permits. (4) The private street must be designated as a fire lane and standard parking prohibition signs installed. (5) There shall be compliance with all applj.cable Englewood Codes and Ordinances. 12. That a Waiver to the requirement of platting the subject property has been granted subject to the final approval of the Planned Development. CONCLUSIONS 1. That proper Notice was given of the Public Hearing which was held on March 20, 1979. 2. That the application was filed by Gilbert E. Vocate, Vocate Associates, Inc. on behalf of Alsum Brothers, Inc. and Don Weakland Greenhouses, Inc., and that these parties in interest agree to abide by the following conditions of approval: (1) The private roadway is to be constructed to Englewood's street construction stan- dards and shall be maintained by the prop- erty owners having access thereto. There shall be an emergency gate on the south end of the private roadway serving the Timber Lea Planned Development to preclude traffic from this development entering from or exiting to East Dartmouth Place. (2) A drainage study comparing the present volume of runoff and the volume after the development is complete must be approved by the Director of Engineering Services prior to the issuance of Building Permits. (3) The location and size of water and sewer lines and easements must be approved by the Director of Utilities prior to the issuance of Building Permits. (4) The private street must be designated as a fire lane and standard parking prohibition signs installed. (5) There shall be compliance with all applicable Englewood Codes and Ordinances. -17- 3. That the Planned Development is consistent with the intent and purpose of the Comprehensive Plan of the City of Englewood, Colorado, and the policies therein. 4. That the Timber Lea Planned Development will be compatible with the adjacent area and will have no adverse effect on the adjacent properties in relation to storm runoff, off-street parking, traffic circulation, building height, bulk or structure location. 5. That the Development Plan has been designed to create a site-oriented environment for residents of the develop- ment. 6. That the application for approval of the Planned Development is to be applied to the following described property: ·Commencing at a point on the South line of East Cornell Avenue, 213 feet east of the east line of South Clarkson Street, thence East 98 feet, thence South 134 feet, thence East 121 feet, thence South 66 feet, thence East 47 feet, thence South 125 feet, thence West 168 feet, thence South 50 feet, thence West 168 feet, thence North 250 feet, thence East 70 feet, thence North 125 feet to point of beginning, except the West 8 feet thereof. Section 35, Township 4 South, Range 68 West. 7. That the Planned Development will permit the existing Non-conforming Use to be replaced by eleven (11) single-family houses, the Permitted Principal Use in the R-1-C, Single-family Residence District, and will be in compliance with and will implement the purposes and requirements of the Comprehensive Zoning Ordinance. 8. That the authority to consider the subject Planned Development and to make recommendation thereon to the City Council, is granted to the City Planning and Zoning Com- mission in §22.4A of the Comprehensive Zoning Ordinance of the City of Englewood, Colorado. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the Englewood City Councj_l, that the application filed by Gilbert E. Vocate, Case No. 6-79, be approved subject to the conditions set forth above, per-· mitting the construction of eleven (11) single-family dwelling units in conformance with the attached Development Plan on the following described property: Commencing at a point on the South line of East Cornell Avenue, 213 feet east of the east line of South Clarkson Street, thence East 98 feet, thence South 134 feet, thence East 121 feet, thence South 66 feet, thence East 47 feet, thence South 125 feet, thence West 168 feet, thence South 50 feet, thence West 168 feet, thence North 250 feet, thence East 70 feet, thence North 125 feet to point of beginning, except the West 8 feet thereof. Section 35, Township 4 South, Range 68 West. • -18- Upon the vote of the City Planning and Zoning Com- mission on a motion made at a regular meeting on March 20, 1979, the following members voted in favor of the Timber Lea Planned Development: Mrs. Becker, Mr. Bilo, Mro Carson, Mr. Draper, Mr. Lathrop, Mrs. Pierson, and Mr. Tanguma. Mr. Smith and Mr. Williams were absent . By Order of the City Planning and Zoning Commission. fl'~/. ~,-' 0 0 ' l ,-&:1.. ~-pt:---('( / t (. /"~ -ij~ Eddie Tang'uma ;;:JfO 7 Chairman Planning & Zoning Commission