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HomeMy WebLinkAbout1979-07-17 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION • July 17, 1979 • I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:10 P.M. by Chairman Tanguma. Members present: Draper, Carson, Lathrop, Tanguma, Bilo, Becker, Smith Romans, Acting Ex-officio Members absent: Pierson, Williams II. APPROVAL OF MINUTES. Chairman Tanguma stated that Minutes of June 19, 1979, were to be considered for approval. Draper moved: Lathrop seconded : The Minutes of June 19, 1979, be approved as presented. AYES: Draper, Lathrop, Tanguma, Becker, Bilo, Carson NAYS: None ABSTAIN: Smith ABSENT: Pierson, Williams The motion carried. III. CENTENNIAL SOUTH SUBDIVISION West Union Avenue/South Decatur Street. Chairman Tanguma asked for the staff report. CASE #14-79 Mrs. Romans stated that the Commission has before it the Final Plat of the proposed Centennial South Subdivision. Public Hearing on the Preliminary Plat was held on June 19, 1979, at which time the Preliminary Plat was approved by the Commission, and the applicant was directed to prepare the Final Plat in- corporating changes and suggestions made and discussed during the course of the Public Hearing. If the Planning Commission approves the Final Plat, and recom- mends said Final Plat to City Council, the City Council may choose to hold a Public Hearing on the Plat, but it is not required. At such time as the Final Plat is approved by the City Council, it would be recorded in the office of the Arapahoe County Clerk and Recorder. The applicant has pre- sented two signed reproducible copies of the Final Plat for purposes of recording. Mrs. Romans noted that the applicant -2-r , has included on the Final Plat the changes that were suggested at the Public Hearing, such as the 25 foot easement from the cul-de-sac west to South Decatur Street for the water and sewer • line. Mrs. Pierson entered and took her place with the Commission. Mrs. Romans stated that Public Service Company has asked for a 10-foot easement on the south side of the property where it abuts the single-family residential district; this has also been provided by the applicant. Mrs. Romans stated that it appears that the requirements of the Subdivision Regulations have been met by the applicant, and that the Final Plat is in order for approval. Mrs. Romans stated that at the Public Hearing there was some concern voiced over a 14-inch "raw water" line which is shown located in South Decatur Street. This has been checked with the Utility Department and it is a 14-inch treated water line, and is the line that the development will hook onto. As to sanitary sewer service, the applicant was prepared to go before the Valley Sanitation District Board of Directors on July 10th to request sewer service, but was informed that there was no need to do so because the property was already within that district. However, on July 11th, the developer was notified that only the west one-half of the property was in the Valley Sanitation District; the east one-half was not. Mrs. Romans stated that she has a letter from Ms. Bonnie Brown, the Business Manager of the Valley Sanitation District, and that the Engineering Division has also been in touch with the Valley Sanitation District Engineer; they see no problem with the District providing service to the property. The matter has also been discussed with the City Attorney and Utilities Director, and appears to be under control. Mr. Carson asked if the developer has complied with the sug- gestions from Public Service Company on service across Lot #9? Mrs. Romans stated that there will be service available from the street, and no Public Service Company line will cross Lot #9. Mr. Smith asked about the cul-de-sac; whether objections registered by the Fire Department have been resolved. Mrs. Romans pointed out that this cul-de-sac has a 90-foot radius, which the Fire Department has stated is adequate for turning their equipment. Other cul-de-sacs have been approved through- out the City, most recently in the Timber Lea Planned Develop- ment. She pointed out that this is the first time the Fire Department has objected to a cul-de-sac in a development. Mrs. Romans emphasized the location of two fire hydrants which will be in the development, the fact that the flow of water is • adequate, and the fact that the cul-de-sac does have a 90-foot radius. The Fire Department had wanted to see an "L"-shaped street, which met with objection from the Engineering and Traffic Divisions. • -3- Mrs. Pierson stated that she did not see that there was a problem with the cul-de-sac; at the very worst, the fire truck would have to be backed out after the fire was extinguished, but there would be adequate access to fight the fire. Mr. Draper stated he understood that the objection was that the Fire Department would prefer to be able to combat a fire from both the front and rear of a property. Mrs. Becker questioned this rationale, pointing out other areas in the City that do not have access to both the front and rear of the properties. Mr. Tanguma asked if there was a fire hydrant on South Decatur Street? Mrs. Romans stated there is one on South Decatur Street at Tanforan. Mr. Lathrop pointed out there was a cul-de-sac in the 4400 block of South Galapago Street that has an inside radius of 45 feet. Discussion ensued. Carson moved: Lathrop seconded: The Planning Commission approve the Final Plat of the Centennial South Subdivision, Case #14-79, and refer said Final Plat to City Council for review and approval. AYES: Carson, Draper, Lathrop, Pierson, Tanguma, Becker, Bilo NAYS: None ABSTAIN: Smith ABSENT: Williams The motion carried. IV. RIGHT-OF-WAY VACATION 3200 Block South Clarkson CASE #17-79 Mr. Lathrop stated that he was directly involved in this re- quest, and would remove himself from consideration of this matter. He then left the room during consideration of the request. Mr. Tanguma asked for the staff report. Mrs. Romans stated that residents on the west side of South Clarkson Street in the 3200 block have requested that the ex- cess right-of-way be vacated for their use. South Clarkson Street, designated as a Collector north of U.S. 285, has 81.15 feet of right-of-way at East Eastman Avenue, and 82.25 feet of right-of-way at East Floyd Avenue. South Clarkson Street has been in a Paving District and there are no plans to increase the paving width further. Mrs. Romans stated that the recom- mended vacation would be 15 feet at East Eastman Avenue, to widen to 18 feet at East Floyd Avenue. The request was referred to the various City Departments; no objections have been voiced, but a request was submitted to maintain an easement through the vacated right-of-way. -4- The staff recommends that the Planning Commission refer the request to City Council with a favorable recommendation. Mrs. • Romans emphasized there would be no physical change in the street or curb and gutter. The adjoining property owners would be able to make use of the vacated right-of-way, but would not be allowed to construct over the vacated right-of-way if the easement is retained. Draper moved: Becker seconded: The Planning Commission recommend to City Council that the excess right-of-way on the west side of the 3200 block South Clarkson Street be vacated, and that an easement be retained to provide access to utility service lines. AYES: Bilo, Carson, Draper, Pierson, Smith, Tanguma, Becker NAYS: None ABSENT: Lathrop, Williams The motion carried. Mr. Lathrop entered and took his seat with the Commission. V. USE NOT MENTIONED CASE #18-79 Relocation of Klode's Auto Service Mr. Tanguma asked for the staff report. Mrs. Romans stated that in 1974, the City Planning and Zoning Commission granted permission to use property at 2650-2676 West Union Avenue as a damage appraisal storage yard for vehicles. The property owner was Mr. and Mrs. Bussard, and the manager of Klode's Auto Service was Mr. Ronald C. Dendorfer. The applicant stated at that time there would be no sales from this lot, and no parts were to be removed from the vehicles for sale at this lot or at another location. The vehicles were to be held at this location until an insurance adjuster had appraised the vehicle. It was felt that this use was different from a typical auto wrecking yard, and the Commission put restrictions on the use stating that the lot shall be enclosed on its perimeter with a solid or closed-face opaque vertical wall or fence, minimum height of six feet, maximum height of twelve feet; no advertising sign or poster other than an identification sign would be allowed on the fence or gates to the lot; no sales of the vehicles or of parts of the vehicles should be conducted; no vehicle shall be disassembled to be used as parts for another vehicle, and no parts shall be sold at another location; no vehicle should be stored longer than 90 days; there should be no more than 175 cars stored on the lot at any one time, and ~ the opaque fencing should be completed within 90 days of the ,_, time of approval. -5- However, this use has proven to be not unlike an auto wrecking yard with the problems that have been experienced: vehicles are dropped off which block the right-of-way, the fencing is in poor repair, and numerous complaints have been registered about the operation. Mrs. Romans stated that the owner was told in 1974 that a chain-link with slats woven through would suffice for a closed-face fence. This has proven to be very unsatisfactory. Mrs. Romans displayed pictures of the existing operation to the Commission, and also displayed pictures of the proposed relocation site to the Commission. When it was indicated that the applicant wanted to relocate to a larger site to the east of the existing operation, the staff felt that inasmuch as the Commission had given approval for the operation at a specific address --2650/2676 West Union Avenue, and the operation was approved to be operated by a specific person --that the Commission should logically consider the request for relocation. It was not something that should be handled administratively. Mrs. RomMis reiterated that there have been numerous complaints registered on this operation, and tbat it has not proven to be a desirable use for this area. She pointed out that West Belleview Avenue will be closed shortly for a several month period, and that West Union Avenue will have to carry an increased load of traffic during this time; vehicles that are dropped off and block the right-of-way would be a hazard and cause severe in- convenience. The staff does not feel that the relocation of the operation should be approved. People in this area are attempting to up- grade their properties, and several have contacted the office to protest the proposal. They feel the City was in error in allowing the operation at 2650/2676 West Union Avenue to begin with. However, if the Commission does determine that the use should be relocated, the staff would request that restrictions be placed on the operation at the new site: 1. That an on-site enclosed drop station be provided so that vehicles will not be dropped off in the right-of-way. 2. That the perimeter of the property will be enclosed with a solid, non-transparent vertical wall or fence with a minimum height of six (6) feet and a maximum height of twelve (12) feet measured from ground level; said fence shall not be of woven wire or chain link material, or woven wire or chain link interwoven with metal, plastic or wooden slats. Every gate shall be of solid, opaque construction and shall be the same height as the wall or fence. 3. No advertising sign or poster other than that needed to identify the enclosed business shall be on the wall or fence or on any gate or entrance to the business. -6- 4. No sales of any or all of the vehicles, or any or all of the parts of the vehicles shall be associated with the service and appraisal operation at the subject location. 5. No vehicle shall be disassembled, either partially or wholly, to be used as parts for another vehicle and no vehicle shall be disassembled at this location for parts to be sold at another location. 6. Vehicles shall be stored a maximum of 90 days, and a maximum of 175 vehicles stored on the lot at any one time. The staff further suggests that if the relocation is approved by the Commission, that the solid fence be installed prior to c ommencement of the operation on the new site. Mrs . Becker asked if this use was permitted in any Zone District in the City? Mrs. Roman s stated that it is not set forth as a P erm itted Use in the Comprehensive Zoning Ordinance. She pointed out that the I -1 Zone District does permit auto wrecking yards as a Conditional Use; however, there are size limitations on ,. auto wrecking yards in the I-1 District, and the proposed site for relocation would exceed the maximum size allowed. Mr. Sm ith asked for clarification on the fencing requirements proposed now over what was proposed in 1974? Mrs. Romans stated that in 1974, the Chief Building Official felt that a chain-link fence with interwoven slats served as a "closed-face f ence", and it was approved. The person in that position at this time disagrees that it is a "closed-face fence", and would requ ire a "solid" fence or wall of wood, block, concrete or brick material. Mr . Draper asked for clarification of the analysis in the staff report. Mrs. Romans stated that the point made in the staff analysis is that it is the responsibility of the Planning Com- mission to approve, or disapprove, the request for relocation; i t cannot be handled administratively. Mr. Draper asked whether the operation could continue at the present site if the request for relocation is denied. Mrs. Romans stated that it is her opinion that they could continue the operation at 2650/2676 West Union A venue. Mr . Tanguma asked if the applicant was present and wished to address the Commission? Mr. Eric R. Dendorfer stated that he and his father are the owners of Klode's Auto Service, and that they have considered and are pres ent ly considering several locations for expansion --not only this site at 4607 South Santa Fe Drive. He emphasized that they are interested in several sites, and were not prepared to be on the agenda for this meeting. He stated that they would like an opportunity to review the complaints that have been lodged against th eir operation. Mr. Dendorfer stated that they -7- must consider the cost factors; they have to determine if the property could be economically used for this purpose. Mr. Dendorfer emphasized that they are not in the position at this time to say that this is the piece of property they want to relocate to. He stated that they were unaware they had been placed on the agenda until they received a copy of the agenda and staff report in yesterday's mail (Monday, July 16th). He stated that they would probably not be ready to appear on a relocation request for at least another 30 days. Smith moved: Bilo seconded: Case #19-79 be postponed. AYES: Becker, Bilo, Carson, Draper, Lathrop, Pierson, Smith, Tanguma NAYS: None ABSENT: Williams. The motion carried. Mr. Dendorfer asked the Commission what they wanted. Mr. Smith recommended that Mr. Dendorfer contact Mrs. Romans to review the complaints and determine what might be done to reach a solution to the problems. Mr. Wm. J. Horner stated that he is the property owner at 4607 South Santa Fe Drive; he is opposed to this proposed use, and will attempt to preclude any consideration of this type of use on his property. Mr. Ernest Saucer stated that he owns property on the south side of the proposed site. He stated that he understood that no sale of vehicles or parts was to take place on the existing site, and stated that he understands there are auctions of the vehicles every two weeks or so. He asked if this is correct? Mr. Ronald Dendorfer stated that the insurance companies take sealed bids on the vehicles at this location. He emphasized that many of the vehicles are salvage vehicles, and they do solicit bids but do not sell from that site. Mr. Smith stated it is his feeling that if someone accepts bids on something, it i~ for sale. Under the restrictions imposed on the operation in 1974, there was to be no sale of the vehicles or any parts of the vehicles. He felt this was in violation of the restrictions imposed, and is a point to be discussed with the staff. Mr. Saucer stated that there is an easement across the proposed site, and was wondering if the Messrs. Dendorfer were aware of it? Mr. Dendorfer stated that they are aware of the easement. -8- VI. DIRECTOR'S CHOICE. Mrs. Romans presented Planning Commission members with copies ~ of the published Comprehensive Plan, which was approved by the Commission on April 24, 1979. She stated there have been no changes in the text of the document, but photographs and sketches have been added. Mrs. Romans stated that Planning Assistant Barbara Young did most of the photography and all of the sketches; Planning Assistant Mark Barber did the graphics; Gertrude Welty was responsible for the typing, and Mr. Peter Spaeth did the printing of the document. Mrs. Romans noted that the Commission ·had asked for a special meeting to present the document to City Council, and asked if this was still the desire of the Commission? Mr. Bilo stated that he felt the staff was to be commended on the finished Comprehensive Plan document. Discussion ensued. Mrs. Pierson stated that she understood Mr. Jimmy Durante's quote: "Don't put no restrictions on da people. Leave them ta hell alone" was to be included in the document. Further discussion ensued. · Pierson moved: Becker seconded: The quote from Mr. Jimmy Durante, "Don't put no restrictions on da people. Leave them ta h---alone," be included on a separate page as an afterword, said quotation to be in 2 11 letters. Mr. Smith stated that he found this objectionable. He stated that the finished document is a very professional job, and he felt it would be a shame to include something like this quote in this Plan. Mrs. Pierson disagreed; she stated that she did not feel people would be offended by such a quotation. Mr. Lathrop stated that he would agree with Mr. Smith; the staff had done a very beautiful job on the final document, and he did not want to add anything to it, or to take anything from it. The vote was called: AYES: Becker, Bilo, Pierson, Tanguma NAYS: Carson, Draper, Lathrop, Smith ABSENT: Williams Chairman Tanguma declared the motion defeated. Mrs. Romans stated that the Planning Commission had indicated they did not want to meet during the month of August. She asked if they wanted to set a special meeting with the City Council sometime in August, or perhaps in the latter part of July? • • -9- Mr. Smith reviewed the calendar for the City Council for the remainder of July, and suggested that perhaps the Commission would want to meet with the City Council at the regular meeting of August 6, 1979. Mr. Draper asked for a definition of "commercial corridors"; he felt this was a new term that was included in the Plan, and he is not familiar with it and questioned that anyone else would be. Mrs. Romans stated that the term "commercial corridors" has been used since the revision of the Plan began, and that it is indeed defined in the first sentence of that section of the Plan and made clear by referring to the Commercial Corridor map. Brief discussion followed. Discussion on the presentation date to City Council was resumed. Mr. Smith suggested that perhaps the Commission could be scheduled for pre-scheduled visitors, make the presentation of the Comprehensive Plan, and not have to re- main for the entire meeting unless they chose to do so. It was the concensus of the Commission that this would be the route to follow for the presentation of the Plan. Mr. Tanguma suggested that letters be sent to the people who actively participated on the review committees, inviting them to the formal presentation to City Council. Mrs. Romans stated that she had nothing else to bring to the Commission. VII. COMMISSION'S CHOICE. No member of the Commission had any matter to be discussed under Commission's choice. The meeting adjourned at 8:30 P. M . -10-e MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: July 17, 1979 SUBJECT: Centennial South Subdivision -Final Plat RECOMMENDATION: Carson moved: Lathrop seconded: The Planning Commission approve the Final Plat of the Centennial South Subdivision, Case #14-79, and refer said Final Plat to City Council for review and approval. AYES: Carson, Draper, Lathrop, Pierson, Tanguma, Becker, Bilo NAYS: None ABSTAIN: Smith ABSENT: Williams The motion carried. By Order of the City Planning & Zoning Commission. • • • • -11- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION • DATE: July 17, 1979 SUBJECT: Vacation of Right-of-way -3200 Block South Clarkson Street RECOMMENDATION: Draper moved: Becker seconded: The Planning Commission recommend to City Council that the excess right-of-way on the west side of the 3200 block South Clarkson Street be vacated, and that an easement be retained to provide access to utility service lines. AYES: Bilo, Carson, Draper, Pierson, Smith, Tanguma, Becker NAYS: None ABSENT: Lathrop, Williams The motion carried. By Order of the City Planning & Zoning Commission -·