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HomeMy WebLinkAbout1984-05-08 PZC MINUTES• • CITY .OF ENGLEWOOD PLANNING AND ZONING COMMISSION MAY 8, 1984 I. CALL TO ORDER. The regular meeting of the Englewood Planning and Zoning Commission was called to order by Chairman McBrayer at 7:00 P. M. Members present: Magnuson, McBrayer, Stoel, Venard, Barbre Romans, Assistant Director of Community Development Members absent: Becker, Carson, Tanguma, Allen Also present: Susan T. King, Senior Planner Jack Olsen, City Attorney II. APPROVAL OF MINUTES. April 17, 1984 Chairman McBrayer stated that the Minutes of April 17, 1984 were to be considered for approval. Magnuson moved: Stoel seconded: The Minutes of April 17, 1984 be approved as written. AYES: Magnuson, McBrayer, Stoel, Venard NAYS: None ABSENT: Carson, Tanguma, Allen, Becker ABSTAIN: Barbre Chairman McBrayer ruled the motion passed, and the Minutes approved as written. III. DARTMOUTH INDUSTRIAL PARK Paul Welbourne, Applicant CASE 1120-84 Mr. McBrayer stated that the decision on the pr,oposed amendment to the Dartmouth Industrial Park Planned Development had been tabled at the last meeting; however, he would ask that the Public Hearing be reopened to hear further testimony. Venard moved: Barbre seconded: The Public Hearing on Case #20-84 be re~pened. AYES: Magnuson, McBrayer, Stoel, Venard, Barbre NAYS: None ABSENT: Tanguma, Allen, Becker, Carson The motion carried. -2- Mr. McBrayer noted that at the meeting of April 17th, the public notice • of the public hearing was submitted for the record, and the staff report was made a part of the record. The Planning Commission expressed concern at the last meeting about the landscaping that was indicated, both on the original Planned Development, and on the amendment. The Commission deter- mined that the landscaping on the existing development should be in com- pliance with the landscaping approved on the original plan. The Commission also wanted more detail on the landscaping proposed for the section to be developed under the proposed amendment. Mr. McBrayer asked if the staff had anything further to add, or if members of th e Commis s ion had any questions at this time. Mr. McBrayer then asked the applicant to make his presentation. Mr. Arnold Vollmers 420 East 58th Avenue -stated that he was a representative of Mr, Welbourne, the applicant. Mr. McBrayer stated that Mr. Vollmers was sworn in at the Public Hearing on April 17th, and would not need to be sworn in again. Mr. Vollmers stated that Mr. Welbourne has expressed concern that the pro- posed landscaping strip shown on the plan identified as Exhibit B, and which is shown on the southwest part of the development, would inhibit access to an area of the development; the structure is leased, and the tenant may sub-lease part of the building, but there would be no access o r v e ry l im it e d a ccess to that po r tion of the building that could be sub- leased. Discus s ion ensued. Mr. Vollmers stated that if the usability of that area is r estricted by poor access, they could end up in a legal battle. He su gg e s ted th a t a curb cut on this southwest strip of land- scaping would provide the needed access. Mr. McBrayer stated that he would have no problem with a curb cut at that point. Mrs. Romans indicated that the staff would not object to a curb cut to provide access. Mr. Vollmers discussed a possibility of extending a three foot strip of land s caping, but noted that it would only provide an over-hang for vehicles. Mr. Vollmers stated that the width of the planting strip along West Dart- mouth Avenue on the corner property has been increased to 30 feet; they have investigated types of landscaping which may be planted, and have determined that a type of juniper with a maximum height of three feet would be acceptable. Mr. Vollmers pointed out i::'hat there is a problem with tree heights along this area because of the Public Service lines. Mr. Vollmers stated that a form of river rock landscaping will be used throughout the development. Mr. Vollmers stated that he understood Mr. Welbourne and Harold Stitt of the Planning staff have discussed the im- provement of landscaping along West Dartmouth Avenue; this will have to be resolved with the landowners and tenants of this part ot the Industrial Park. Mr. McBrayer asked who on staff would be reviewing the landscaping as planted to determine compliance with the Plan prior to issuance of the Certificate of Occupancy. Mrs. Romans stated that Senior Planner King would be the individual determining compliance. • -3- Mr. Magnuson asked if ·the proposed landscaping would bring the square foot- age to 71,000 as cited on the original plan. Mr. Vollmers stated that the additional landscaping brings the total square footage to considerably above that. Mr. McBrayer asked if Mr. Vollmers could give a maximum size on the curb cut they want on the southwest part of the plan. Mr. Vollmers stated that it would probably be between 60 ft. to 70 ft. Mr. McBrayer asked if staff had additional conunents. Mr. McBrayer asked if there were any persons in the audience who wished to speak in favor ·of or in opposition to the proposed amendment. There were no persons present who wished to address the Commission. Mr. Venard noted that the portion along West Dartmouth Avenue does not belong to Mr. Welbourne; he asked Mr. Vollmers what he felt the chances were of getting improved landscaping in this area. Mr. Vollmers stated that the property owners may agree to improve the grass that has been planted, but did not anticipate shrubs, trees, etc. He stated that he was not sure whether Mr. Welbourne has discussed this with the property owners yet. Mrs. Romans suggested that an agreement should be prepared covering the matter of the landscaping, the curb cut, etc. and signed by Mr. Welbourne and the City; this would put Mr. Welbourne on notice of what is expected of him and he would be aware that a Certificate of Occupancy will not be issued until the landscaping is completed. Mr. McBrayer stated that if there were no further questions from the Com- mission, or comments from the staff or audience, he would entertain a motion to close the Public Hearing. Magnuson moved: Stoel seconded: The Public Hearing on Case #20-84 be closed. AYES: McBrayer, Stoel, Venard, Barbre, Magnuson NAYS: None ABSENT: Tanguma, Allen, Becker, Carson The motion carried. Mr. Barbre asked whether he would be eligible to vote on this matter, inas- much as he was absent at the last meeting. Mr. McBrayer asked if Mr. Barbre had read the minutes of the meeting. Mr. Barbre stated that he did. Mr. McBrayer stated that he felt Mr. Barbre would be eligible to vote on this matter. City Attorney Olsen agreed that Mr. Barbre would be eligible to vote. Stoel moved: Magnuson seconded: The Planning Commission approve the amendment to the Dartmouth Industrial Park Planned Development with the following conditions: 1. The landscaping plans shown on the original Planned Development dated October 10, 1973, and the amend- ment to the landscaping plan dated March 8, 1984, be implemented prior to issuance of a Certificate of Occupancy. Discussion ensued. -4- 2. A curb cut may be provided on the southwest corner of the building addressed as 3155-3199 South Platte River Drive, as defined by the existing easement for the roadway, not to exceed 60 feet on the diagonal in width. 3. The terms of this motion be reduced to a written agreement, to be prepared by the Planning staff and to be signed by Mr. Paul Welbourne, to give h i m notice o f th ese c ond i t i on s . Further, that the Commission refer the amended Planned Development to the City Council with a recommendation that it be approved subject to the conditions as stated. The vote on the motion was called: AYES: Stoel, Venard, Barbre, Magnuson, McBrayer NAYS: None ABSE NT : Ta nguma , Allen, Becker, Carson The motion carri e d. IV. FI NDI NGS OF FACT. F ences and Retaining Walls CASE 1118-84 Mr. McBrayer s t a t e d that th e F indings o f Fact for Case #18-84 were to be considered. He asked for a motion to approve the Findings. Mrs. Romans asked to address the Commission concerning the Fence Ordinance. Mrs. Romans reviewed discussions that various members of the staff have had concerning the situation in which the rear yard of one property abuts the side yard of an a dj oinin g property, and the concerns that have b een ex pr essed by variou s s taf f me mbers regarding the possible safety hazard the f ence could c r eate. Discussion ensued, Mr. McBrayer pointed out that the Commission had taken action to control th e height of fences wherein a rear yard abuts a side yard, and this wording was to be incorporated into the regulationa for Fences and Retaining Walls. Further discussion · 'ensued. Magnuson moved: Stoel s e conded: The Findings of Fact for Case #18-84 be approved as written. AYES: Venard, Magnuson, McBrayer, Stoel NAYS: None ABSE NT: Tanguma, Allen, Becker, Carson ABSTAI N: Barbre Chairman McBrayer ruled the motion carried, and the Findings of Fact ap- proved as written. ' • -5- V. PUBLIC FORUM • There was no one in the audience to address the Commission. VI. DIRECTOR'S CHOICE. Mrs. Romans stated that on May 7, 1984, the City Council held a Public Hearing on the proposed amendments to the R-3, B-1, B-2, P.D., and Design Guidelines sections of the Comprehcns:i.vc 7.oning Orclinnncc. Sccund reading of these proposed amendments will be on May 21, and if approved by City Council, should be in effect right after that. City Attorney Olsen stated that an Emergency Clause is part of the Ordinance and the amendments would be in effect the next day, or May 22. Mrs. Romans stated that amendments to the Master Street Plan are up-coming, and will be referred to the various City Departments for their comments. This will be an item on an agenda of the Commission in the near future. VII. COMMISSIONER'S CHOICE. Mr. McBrayer read a letter to Mayor Otis, which letter is signed by Mr. McBrayer as Chairman of the Commission, regarding support of a new City Hall. The Commission approved the final draft of the letter, and it will be forwarded to Mayor Otis. Mr. Mcllrayer recognized City Attorney Olsen, and welcomed him to the meeting. Mr. Venard stated that the landscaping ordinance has a requirement that any landscaping which is installed shall be maintained; he asked if a similar requirement on the maintenance of the landscaping could be applied to the Planned Development amendment approved earlier, or would the land- scaping ordinance apply. Mrs. Romans stated that this provision would be incorporated in the agreement with Mr. Welbourne. The meeting adjourned at 8:45 P. M. G~ trude G. Welty ~lcording Secretary