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HomeMy WebLinkAbout1984-06-05 PZC MINUTES1 I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION June 5, 1984 CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p.m. by Chairman McBrayer. Members present: Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen and McBrayer D. A. Romans, Assistant Director of Community Development, Ex Officio Members absent: Also present: Barbre City Attorney Jack Olsen Susan Powers, Ex Officio Senior Planner Susan King Planner I Harold J. Stitt II. APPROVAL OF MINUTES. May 22, 1984 Ch airman McBrayer stated that the Minutes of May 22, 1984, were to be considered f or approval. Carson moved: Stoel seconded: The Minutes of May 22, 1984, be approved as written. AYES: Carson, Stoel, Becker, Venard, Allen, McBrayer NAYS: None ABSTAIN: Tanguma, Magnuson ABSENT: Barbre Ch airman McBrayer declared the Minutes stand approved as written. III. PUBLIC HEARING: REZONING .South side of Lehow Avenue, 750 feet west of South Broadway Donald Stark, Applicant's representative Ch airman McBrayer asked for a motion to open the Public Hearing. Becker moved: Venard seconded: The Public Hearing for Case #21-84 be opened. CASE #21-84 AYES: Tanguma, Carson, Magnuson, Stoel, Becker,_ Venar_d, Allen, McBrayer NAYS: None ABSENT: Barbre • Th e motion carried. Mr. McBrayer stated that the matter before the Planning Commission is a Public Hearing on a request for rezoning of property on the south side of Lehow Avenue, 750 feet west of South Broadway from R-3, High-Density Residence to ( ( -2- to B-2, Business District. Mr. McBrayer stated that he had proof of posting and publication of the case in the May 16, 1984, edition of the Englewood Sentinel. He asked that the Staff Report be made part of the record. He reviewed the courses of action open to the Connnission on this matter: 1) approve the rezoning and send it to City Council for approval, 2) approve with conditions, and send it to City Council, or 3) disapprove. Mr. McBrayer asked that anyone addressing the Commission be sworn in and to limit the testimony to the matter under consideration. He said that the members of the Commission had the Staff Report before them, and asked if there were any questions for the staff, or if the staff had anything to add. Mrs. Romans said the staff had nothing to add, and there were no questions. Mr. McBrayer asked that the applicant come forward to address the Commission. Donald Robert Stark, Metro Brokers agent, 4285 South Broadway, came forward and was sworn in. He stated that Mrs. Brinkhoff, the owner of the property, had designated him as her agent. He submitted a letter so stating from Mrs. Brinkhoff (Exhibit I). He stated that the subject proeprty is 4.4 acres and lies on the southeast side of Lehow. It is bounded by Dry Creek Gulch on the south and east and the veterinarian clinic and other commercial buildings on the north. The property has been offered for sale thirteen times, and the property has never been sucessfully marketed, partially, he said, because of the difficulties encountered in developing this property within all the regulations. Mr. Stark addressed the four questions considered by the Planning Connnission , • in granting a rezoning. · He said that there was an error in the original zoning ~ of the area, as can be shown by the fact that no developer has been able to develop the property within the R-3 zoning, and the Flood Plain makes residential use dangerous. He admitted that there has not been any extensive change in the area. He stated that much of the surrounding area is B-2, and that there would be a considerable distance between any new development and the residential uses adjacent to the site because of the Flood Plain. The fourth question of conformance with the Comprehensive Plan did not apply to this case, he said. Mr. Stark said that there is a large part of the property which is in the Flood Plain, and a further amount which contains an easement for Public Service which contains high tension wires, leaving only a small part which can be developed. An area to the east of the property contains broken concrete which is an attractive nuisance, and children should not be living near such an area, as they might be with R-3 development. He said there has been someone living in a tent on the adjoining property. He said that B-2 zoning would bring adults into the area instead of children. There are children down toward Belleview, and the lack of development on the subject property encourages them to move toward the dangerous area. The land is in a valley, and any development would not be obvious from any but the commercial areas. He stated that the South Slope condominiums face the opposite direction. He distributed Exhibit II, which shows what he maintains is the small amount of the subject property which could actually be developed. Mr. Stark said Littleton objects to the rezoning attempt because there is R-3, Single-Family Residence zoning adjoining the property. He said that this R-3 area, Rafferty Gardens, is a small, older development of residences, which will probably be redeveloped due to the large area of the sites with small homes, although the area is beautifully cared for. He said that beyond Rafferty Gardens is an industrial park and a B-2 zone, and, in his opinion, it is unlikely that the area will remain residential. • ' -3- The highest and best use of the property, Mr. Stark said, would be B-2 zoning. He said that the development would improve the neighborhood , by removing the trail to the trash on the east side of the property, and the tax base would be enhanced. The rezoning would not be "spot zoning" because contiguous areas are already zoned B-2. Mr. Carson asked that Mrs. Romans explain the rules for the Flood Plain. Mrs. Romans said that the land can be developed one foot above the Flood Plain and must be flood proofed. Plans have been submitted with development in that area, usually with development of access roads through the flood plain area, and good planning could extend the amount of the property which can be developed. Mr. Allen asked what Mr. Stark planned for development on the subject property. Mr. Stark said that he had originally planned for mini-warehouses, but Council had denied that provision in the B-2 district. Definite plans have not been made. He suggested that a good plan might contain a multi-tenant office and retail complex. There is a demand for street front locations for small tenants. Mr. McBrayer asked if there were any further speakers in favor of the rezoning. There were none. He asked if there was any opposition. Mr. Loren Jacobson of 369 West Rafferty Gardens, came forward and was sworn in. He said he is a long-term resident in Rafferty Gardens. His parents moved there in 1933, and he and his wife bought another lot in 1955. He said the lots are large, and it is a beautiful neighborhood. It has been carefully planned. He said there has been undesirable development in the adjoining areas, and this rezoning would be an extension of that undesirable development. He called it commercial blight, although he said that the veterinarian building was well done. He said that the South Side condominiums have increased the residential uses in the area, and he would not like further commercial use on the subject site. Mr. Jacobson said that the Flood Plain is a significant problem. It has flooded 3/4 of the way up the hill on this site. The power lines make the site ugly. The area along Broadway, he said, is zoned B-2, and the land is underused, and does not enhance the area. He said that the Master Plan for the City of Littleton shows the continuance of Raferty Gardens as a residential area. Mr. Jacobson suggested the use of the property as a golf course or a recreation area or park. He said a greenbelt would be the best use for the total community. He said that there is already plenty of land for commercial development and it is on South Broadway. Mr. Allen and Mr. McBrayer stated that the owners have a right to try to develop their property to produce a profit, and asked what Mr. Jacobson would like to see on the property. Mr. Jacobson said something that would not add traffic to the area would be acceptable, possibly a small professional office. Mrs. Romans said that the present zoning would permit a professional office, but not a commercial office. Mr. Jacobson said that commercial businesses like Norgren and Burt Chevrolet push and extend the law until they ruin the neighborhood. -4-, Mr. McBrayer asked if there was any other opposition. Jerry Valdes, 303 West Lehow, was sworn in for testimony. He said that he ~ is the president of the South Slope Homeowners Association. This development has 52 units, with 24 more units planned. He said that the homeowners group voted unanimously to oppose the granting of this rezoning. He said that the traffic on West Lehow Avenue moves quickly and is already dangerous. He said that South Slope is a nice development, which upgrades the neighborhood, and a commercial district across the street will endanger future sales of the units. He said he represents 130 people in the Association. Mr. McBrayer asked what development Mr. Valdes would approve on the site. Mr. Valdes said it could be a beautiful park. The power lines limit development. A professional building would be acceptable if traffic was not increased. Mr. McBrayer asked if there was any other opposition. Ruth Jacobson, 369 West Rafferty Gardens was sworn in. She testified that there is little land on the subject site that can be developed, and it slopes to the water. A professional building which would limit noise and traffic should be considered, she said. Mr. Stark returned to respond to the speakers in opposition to the rezoning. Mrs. Becker asked if a professional building had been considered, as it would be permissible under the present zoning. Mr. Stark said professional buildings are a glut on the market at this time. There is a strong demand for a mixed use of professional and commercial office space, containing business offices, contractors, small storerooms and retail uses such as drapery stores. Mr. Venard asked what the total square footage of the building would be. Mr. Stark said that only about 22,500 square feet are buildable outside of the Flood Plain, using the Public Service easement for parking. Mr. Valdes said that the traffic is a severe problem, and more traffic would be dangerous. Children are living in South Slope, and this kind of development would endanger them. Mr. Allen asked why a business would endanger children. Mr. Valdes said that the increased traffic going at least 35 miles per hour would endanger the children; and business on the property across the street from South Slope would endanger the values of the condominiums. Mr. Jacobson said that there is an overabundance of business development in the area, and they do not seem to him to be very successful. There is vacant land in the · B-2 zone in the area which .could be better developed. Mr. Stoel asked why the property has not been developed. Mrs. Romans said that Mr. Brinkhoff planned multi-family use before he was killed in an airplane crash. Over the past five years, several architects, planners and engineers have contacted the City concerning development. None of them, as far as she knew, had ever had an option on .the property, and the price of the land may have made those plans prohibitive. She agreed that it would be a difficult site to develop because of the Flood Plain and the utility lines, but it could be accomplished. Mr. Carson stated that if the property is rezoned to B-2, any use proper to the B-2 district would be permissible. Mrs. Romans agreed that there would be no restriction. There were no further comments from the .audience. -5- Carson moved: ~ Becker seconded: That the Public Hearing for Case #21-84 be closed~ • AYES: NAYS: Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen, McBrayer None ABSENT: Barbre Chairman McBrayer declared the Public Hearing closed. Carson moved: Magnuson seconded: That the petition for rezoning in Case #21-84 be recommended to City Council for denial of a rezoning from R-3 to B-2. Discussion followed. Mr. Stoel, Mrs. ·Becker and Mr. Allen said they would have difficulty in sup- porting rezoning when there were no definite plans for development, and there can be no restrictions placed on a change in zoning. Mr. McBrayer said that the property has not been developed under R-3 zoning, and it is not the business of the Planning Commission to demand final plans to insure proper development. Mr. Stoel asked if a Planned Development could be applied to this property in conjunction with the rezoning. Mrs. Romans said that was done in the 3200 block of South Bannock. Mr. Marshall presented a Development Plan, saying he would follow this Plan if the rezoning were granted. There were no objections from the neighbors or the City, and the rezoning was granted. There was a similar case with Rex Garret who made a contract with the neighbors. With no objections, the development took place. Mrs. Romans said that Mrs. Brinkhoff does not live in the area, and she does not want to develop the property herself. Mr. McBrayer reviewed the wording of the motion. Carson moved: Magnuson seconded: That the Planning Commission recommend to City Council that the application to rezone property located on the south side of Lehow Avenue and approximately 750 feet west of South Broadway, from R-3, High-Density Residence to B-2, Business District be denied. AYES: NAYS: Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen McBrayer ABSENT: Barbre Chairman McBrayer asked that Mrs. Romans explain the appeal process. She said that notice would be sent to the City Council stating that the Commission does not recommend the rezoning, and the applicant can appeal that recommenda- tion to City Council, in which case, the Council will hold another hearing with posting of property and notice in the paper. IV. PUBLIC MEETING Off-Street Parking Lot CASE #22-84 Chairman McBrayer stated that the matter concerned layout, landscaping, ingress, egress, number of spaces, ove~all appearance of the proposed King Soopers Plaza, bounded by West Floyd Avenue on the ·horth, South Broadway on ( -6-. the east, West Girard Avenue on the south and South Bannock Street on the west. He stated that the Connnission may approve, approve conditionally, or retu~n the plan to the applicant for revision. Any speakers, he said, need not be sworn in. He stated that the Commission had been furnished with a Staff Report and drawings of the proposed parking plan. Mrs. Becker said .that the parking lot is a piece of the whole project, and she . would like to see how this parking lot fits into the development. Mr. McBrayer stated that he would like to see elevation reports on this parking lot. Mr. Carson asked if the existing trees would remain. Mr. McBrayer asked if the Staff had anything to add. Ms. Powers stated that there have been some changes since the Staff Report was sent to the Connnission. She said that there would be landscaping on Broadway. Mr. McBrayer asked the applicant to come forward. Mr. Doug Tweedy Perez Associates 1380 Lawrence Street, Denver. Mr. Tweedy stated that the parking lot would serve all the retail development in the described area. There will be an agreement between King Soopers and the other tenants concerning maintenance. The King Soopers store will be on the northwest corner of the parcel of land. There is a two-story retail building envisioned along Broadway. The Kaufman store will remain, and there will be single-story retail businesses along the Parkway. The parking lot will consist . of a ground level lot divided into 272 parking spaces, with a one-story deck containing 144 spaces. The entrances to the lot will be on Floyd Avenue and Englewood Parkway at approximately Acoma Street. There will be an exit onto Floyd Avenue, which will permit a right turn only. The spaces will be divided into regular and compact spaces. The deck has a larger percentage of compact car spaces than the lower level, and the most convenient spaces will be for regular sized cars. There will be signs indicating the sizes. The parking will be at a 60° angle, and aisles will be one way. The entrance to the parking deck is at the south end via a ramp. There are three ways for a pedestrian to leave the parking deck--two elevators and a stairway. Mr. Tweedy said that the parking requirements for the site based on square footage, including the Kaufman store, is 343 parking spaces. They are providing 416 parking spaces. Mr. Stoel asked if they were including the retail uses planned on Broadway. Mr. Tweedy said they were included. King Soopers requires space for 414 cars based on their peak season's need, and it is not anticipated that their needs will fill the lot, so it will serve the entire complex. Landscaping will be provided along Broadway, there will be a planter at the sidewalk level that will run most of the entire length of the building. Trees will be planted along Broadway. Additional trees and shrubs are planned. Mr. Stoel asked if there would be any landscaping on the parking lot itself. Mr. Tweedy said there were no plans for landscaping on the parking lot. Mr. Stoel asked if the setbacks currently existing would remain along Broadway. Mr. Tweedy said the present buildings are set back one foot from the property line. He said they are planning to plant green mountain ash, and have consulted the City Forester concerning various low-growing shrubs. Mr. Tweedy said that the Broadway frontage would be a one-story building, with a second level below grade. The effect will be an arcade with two-level walkways entered at the two ends or center. • e ( -7- Mr. McBrayer asked if the landscaping shown meets the landscaping requirements. Mr. Stitt said that the landscaping requirements are met in terms of square footage, number of trees, and green landscaping. Mr. McBrayer said that credit is being given for the Parkway, making some of the landscaping on public land. Mr. Allen and Mrs. Becker said that public land is not supposed to be included in the landscaping requirement. Ms. Powers said that the City arranged with the developer for the developer to pay for all the landscaping and put some of it on public land. The alternative was for most of the land- scaping to be on the interior of the lot, where it would not be seen. The Landscape Ordinance requires 10% of the lot to be landscaped, and 5% must be in live material; the developer can decide where to put the landscaping. Mr. Carson asked how many parking spaces were in the old lot. Ms. Powers said that there were. 443. Mr. Stitt said that King Soopers was exceeding the parking requirements by a substantial amount. Mr. Allen asked if Floyd would be one way. Mr. Tweedy said it would be two way, probably with turns allowed only to the right. Mr. Tweedy said that the parking structure would be concrete bordered by precast concrete parapet, with feature strips. Mrs. Becker said that she had understood that the structure would be brick. She asked what material would be used for the store. Mr. Tweedy said all the stores will be made primarily of brick. Mrs. Becker asked if the Commission had a right to question the materials. It was decided that the materials used in the construction is not a matter to be considered by the Commission. Mr. McBrayer said it is difficult to make a decision without seeing the elevations. Mr. Tweedy described the lights planned for the structure. They will be 25 foot standards with high pressure sodium lamps. They will be free standing. There is a closer concentration of the lights under the parking deck. The fixture is a rectangular box of anodized aluminum. It has been approved by their electrical engineer. Mr. Carson asked if the Division of Fire and Safety had approved the plans. Ms. Powers said they have reviewed the plans. Mr. Stoel said the layout seems all right, but the materials should be carefully considered. It is unusual to be considering a two-level parking lot. Mr. McBrayer said that, because this is the first step in the redevelopment, it is very important, and all available information should be considered. Mrs. Becker said that she was worried about the appearance of a concrete parking deck. Mr. Tweedy said that this will be very attractive, and the lower level will not be obvious. Mr. Venard encouraged the applicant to work landscaping into the area to help soften the structure. There were no other speakers. Carson moved: Magnuson seconded: That approval be given of the parking lot layout for the King Soopers Plaza in Case #22-84 with the following conditions: The storm sewer pipe must be of steel, a standpipe and hose cabinet must be provided on the deck, the easternmost north-south drive land is to be posted as a fire lane. Signing of all fire lanes is to be coordinated with the Fire Marshal and ~t.·: ro J -8- all compact parking spaces are to be so indicated. Mr. Allen encouraged the use of exposed aggregate. AYES: Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen, McBrayer NAYS: None ABSENT: Barbre Mrs. Becker stated that this parking lot is important because this is the first step in the new development, and what is done will set the style of the entire downtown development. Mr. McBrayer asked that in the future, any applications concerning more than one level be required to have elevation plans. The Commission recessed at 8:51 p.m. The Commission reconvened at 9:00 p.m. Members present: Tanguma, Carson, Magnuson, Stoel, Becker, Venard, Allen, McBrayer D.A. Romans, Assistant Director of Community Development, Ex Officio Members absent: Barbre Also present: Senior Planner Susan King Mr. McBrayer said that the Commission had invited Mr. Ernest P. Romans, Parks and Recreation Director, to discuss the South Santa Fe/Platte River Greenbelt, and the possibility of a median down Oxford from Santa Fe to Broadway. Mr. Romans said that his main presentation would concern the trails, with some discussion of the Community Center and the Golf Course. The median between Santa Fe and Broadway along Oxford will take some study, and maintenance is even more expensive than the original development of a median. He said that after the 1965 flood, the necessity of building Chattfield Dam and improving the Platte River so that it would carry more water more efficiently was evident. Landscape architects had for years planned to beautify the Platte, and all of these things have come ·together in the last 19 years. The City of Littleton led the way in making a park of the South Platte River. They are also rip-rapping the river to make it more stable. The Littleton Open Space Park will follow the Platte all the way to the Chattfield Dam. The area from Oxford to the Dam will be a continuous trail with some areas developed with groomed grass and some areas in a natural state. The Cities of Denver and Englewood are also working on the trail. There are three trails which affect Englewood. Urban Drainage, the State Park and Outdoor Recreation District, the City of Littleton, the South Suburban Parks and Recreation District, the City of Englewood, and the South Platte River Greenway, Inc. headed by Joe Shoemaker, are all working on the trails. Trail No. 1 is a demonstration trail 28 miles long, starting at Hampden, following the north side of the Platte River, past Bear Creek, past Sheridan and Federal Boulevard up to Kipling, where it will turn north to Sanderson Gulch. It will follow the Gulch east to Ruby Hill, and will connect with the Denver Greenway • -9- trail, turn south, and will end at Bates Avenue. This trail is sponsored by Governor Lamm, and the State Parks donated $300,000 to Joe Shoemaker for the project, with the understanding that he would raise any necessary additional money. The maintenance will be done by whichever City the trail is running through. This should be completed in August, 1984. Trail No. 2 will run through Englewood ·from Bates Avenue to Hampden. The South Suburban Foundation, Bow Mar, Englewood, Gates and the Piton Foundation have all supplied money for this trail which will be maintained by the South Suburban Parks and Recreation District. It is expected to be completed in the Fall. Trail No. 3 will go from Hampden to Oxford, through the golf course. It is sponsored by the City of Englewood, and funded by Englewood, Piton, and a matching grant of $100,000. The Army Corps of Engineers will give $73,000. The budget is $260,000, with benches and a parking lot adding the total to $300,000. Mr. Romans reviewed the history of the Englewood Golf Course, which was opened in 1976. It was built on a landfill which requires watching. There have been drainage problems, which will be alleviated by some big drainage pipes put in last spring. The SPARE TIME section of the Rocky Mountain News ran a comparison of all the metropolitan golf courses, and said that the Englewood Golf Course is an attractive and inexpensive course. Mr. Romans said that the Community Center is under construction, and will contain a swimming pool, lounge, office, reception area, racketball and handball courts, and a weight room. The City will pay about $18,000 a year. There will be a game room, adult activities, kitchen, youth activities and facilities for dance, fitness, walking and running. There will be a track on the second level. The Community Center will operate seven days a week from 8 a.m. to 9 p.m. Mrs. Becker suggested that there be supervision and teaching in areas such as the weight room to avoid injuries which might result in law suits. Mr. McBrayer asked about the South Santa Fe Corridor. Mr. Romans said there is work in progress on West Dartmouth, and City Council has appropriated money for the beautification of Hampden at the City limits. For further information he suggested the Commission contact Kells Waggoner. Mr. Romans said that he would encourage the development of a median on West Oxford, but there no plans in existence as far as he knows. It would require study regar- ding the width of the street, width of the median and whether there would be parking along the sides. V. PUBLIC FORUM. Mr. McBrayer noted that there was no one present to address the Commission. VI. DIRECTOR'S CHOICE. Mrs. Romans reminded the Commission of the meeting on June 12 at 7:30 p.m. in the Community Room. The meeting ·will be with some representatives of the senior -10- citizen community to discuss the type of facilities the senior citizens would • like to see in apartment or condominium units. The Public Hearing on the Fairgrounds zoning will be June 26. Mrs. Romans called the Commission's attention to the memorandum given to the -Commission from Susan Powers saying that City Council had at first rejected the recommendation of 100 foot limitations in height in the .B-1 district,. but will reconsider if there can be a Public Hearing. Mrs. Romans suggested that this meeting be held on the third of July. She said that she had given the Commission an article on Adaptive Uses, which she thought would help in considering what to do with abandoned school ·buildings and houses such as the Brown House on University and Dartmouth. She has been in touch with Richard Brasher, the Highway Engineer for District 6, and a meeting will be arranged with his staff. She asked the Commission if it would be p ermis~ible to waive the fee if a developer for the Brinkhoff property came in with a specific plan. The Commission decided that the amount would be insignificant to the developer, but if the staff wants the flexibility to waive the fee, that would .be acceptable. VII. COMMISSION'S CHOICE. Mrs. Becker said that Foringtons and Klode on West Evans and West Union are both parking wrecked cars on the street, and working on them there. She said that there are still problems with too many people in the house at Yale and Pearl. The meeting adjourned at 10:10 p.m. •