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HomeMy WebLinkAbout1980-08-03 PZC MINUTES• • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION SEPTEMBER 3, 1980 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Pierson at 7:00 P. M. Members present: Carson, McBrayer, Senti, Barbre, Draper, Pierson, Tanguma Romans, Ex-officio Members absent: Becker, Williams Also present: Acting Associate Planner Barbara Young II. APPROVAL OF MINUTES. Mrs. Pierson asked for consideration of the Minutes of the July 22, 1980 meeting. Carson moved: McBrayer seconded: The Minutes of July 22, 1980, be approved as written. AYES: Barbre, Carson, Draper, McBrayer, Pierson, Senti, Tanguma NAYS: None ABSENT: Becker, Williams The motion carried. Mr. Don Williams entered the .meeting at 7:04 p.m. and assumed his place with the Commission. III. SWEDISH MEDICAL CENTER Parking Structure Alley Vacation/Perpetual Easement Mrs. Pierson asked for the staff presentation. Case 1121-BOA Case ll22-80A Mrs. Romans stated that she would like to first introduce Mrs. Barbara Young, the Acting Associate Planner. Mrs. Romans stated that Mrs. Young has been with the Department of Community Development for approximately 10 years, and was one of the staff persons assigned to work with the Commission on the Com- prehensive Plan Review Committees. Mrs. Young has done much of the graphic work in the Department, and has written staff reports, and has specialized in environmental-related projects and the Census Reports along with other duties • -2- Mrs. Romans stated that the plan before the Planning Commission is an amend-· ment to the plan for the parking structure which was considered at the meeting • of July 22, 1980, and there is also a change in the plans for the alley vaca- tion through the parking structure and in the access to the street: The initial proposal considered at the meetin g o f July 22, 1980, was for the vacation of the north 200 feet of the Pearl/Washington alley south of East Hampden Avenue, and for an alternate access to be dedicated to South Washington Street. Temporary access to the alley from South Pearl Street was to be worked out for the period of construction, inasmuch as the parking structure would have extended under that area proposed to be dedicated for the new alley to South Washington Street. The Medical Center ran into some problems in attempting to provide the alternate access from the west; the property owner of the Scandia Apartment Ho us e apparently was not available to grant temporary rights across his property, wh i ch led to the redesigning of the parking structure and the po i nt o f access to the alley. The proposal now is that the new access to the alley will be run to the west to South Pearl Street by a Perpetual Easement; t h e parking structure will not extend under this portion of the Swedish Medica l Center property, and the access can, therefore, be accomplished by means of a Perpetual Easement rather than a dedication by Quit Claim Deed. Th is pro posed accessway will serve during the period of constr uction als o, i n asmuch a s it will n o t be disturbed by the construction of the parking structure. The staff feels that this proposal is an improvement over that which was proposed and considered at the meeting of July 22, 1980. Mrs. Romans suggested that inasmuch as the matters of the parking structure and the alley vacation/perpetual easement were so closely related, that they be considered simultaneously. Discussion ensued.· Draper moved: Carson seconded: That Case #21-80A, the Parking Structure for Swedish Medical Center, and Case #22-80A, the vacation of the alley and an alternate access way by means of Perpetual Easement, be considered simultaneously. AYES: Carson, Draper, McBrayer, Pierson, Senti, Tanguma, Williams, Barbre NAYS: None ABSENT: Becker The motion carried. Mrs. Romans stated that Mr. Cliff Johnson of the Swedish Medical Center was present and might want to address the Commission. Mr. Cliff Johnson stated that one of the reasons for the change in the plans came about because of a change in elevations. Mr. Johnson agreed that this proposal would be much more ef f icient, because the alley can be left open during the period of construction of the parking ramps and the parking structure itself. Mr. Johnson stated that the watering system would be in- stalled to maintain the landscaping that they proposed on the perimeter of the site. Mr. McBrayer asked if t he turning radius from the Perpetual Easement into the alley was sufficient for the fire equipment? Mr. Johnson stated that it is, and discussed the dimensions of the proposed Perpetual Easement. • • • -3- Mrs. Romans further discussed the Perpetual Easement; this was discussed with City Attorney Berardini and Mr. John Criswell, attorney for Swedish Medical Center. It is the opinion of City Attorney Berardini that the granting of a Perpetual Easement to the city in this instance in lieu of a dedication of the alley will be perfectly adequate, binding and legal. One advantage would be that if, in the future, the Medical Center determines it is desirable to add additional stories to the parking structure, the setback could begin at the south line of the Perpetual Easement rather than the north line of the alley if it were to be dedicated. This would give greater flexibility to th~ Medical Center and provide better use of the site. Mr. Johnson stated that there is a retaining wall in the area that will be used for the Perpetual Easement, which will have to be removed. Mrs. Pierson inquired what controls the Commission would have over the land- scaping; how could it be required to be installed as shown on the drawing displayed by Mr. Johnson? Mrs. Romans suggested that the Commission could ask for a copy of the plan .and that it be included as part of the record of the approval. Mr. Johnson pointed out that a couple of the "trees" indicated in the landscape plan were to be planted on the lower level; he pointed out that he could not guarantee actual trees in this location. He stated that they will do something on the landscaping, but reiterated that he could not make that guarantee. Mrs. Romans pointed out that Mrs. Young is a Landscape Architect. Mrs. Young discussed the plans for landscaping as shown by the Medical Center. She stated that the proposal to eliminate the parkway between the curb and sidewalk, moving the sidewalk next to the curb, will give a wider planting strip next to the building. Mr. Draper asked about the lighting on the main level? Mr. Johnson stated that this is not indicated on this plan; it was on the original plan. He stated that as he recalled, there were three lights of 20 feet in height. Mr. Johnson indicated the approximate location of the lights. Mrs. Pierson asked if there was further discussion? Mrs. Romans stated that the landscaping plan presented by Swedish Medical Center is dated June 23, 1980. McBrayer moved: Barbre seconded: The Planning Commission approve the Parking Structure for Swedish Medical Center subject to the following con- ditions: 1. That a 16-foot Perpetual Easement be given to the City of Englewood for access between South Pearl Street and the Pearl/Washington alley and that a five-foot ease- ment be given on the east side of the alley across Lots 42 through 45, Block 2, Higgins Englewood Gardens Subdivision, for a greater turning radius. These easements will be given in lieu of the vacated portion of the alley adjacent to Lots 1 thru 5 and Lots 46 thru 50 of Block 2, Higgins Englewood Gardens Subdivision, Arapahoe County, Colorado. -4- 2. The alley should be designated for one-way traffic southbound south of the parking structure toward U. S. • Highway 285. "Do Not Enter", and "Right Turn Only" signs should also be installed at the south end of the alley. 3. A pedestrian crossing should be designated and properly signed across East Hampden Avenue from the parking structure at mid-block to the medical office building entrance. 4. Landscaping must be provided as shown on the plan from Swedish Medical Center dated June 23, 1980, and an auto- matic sprin k l ing system installed to maintain the plant material. AYES: Carson, Draper, McBrayer, Pierson, Senti, Tanguma, Williams, Barbre NAYS: None ABSENT: Becker The motion carr i ed. Carson moved: Tanguma seconded: The Planning Commission recommend to City Council that the north 150 feet of the alley in Block 2, Higgins Englewood Gardens Subdivision be vacated, and that the City accept the 16 foot wide Perpetual Easement . to be given by Swedish Medical Center along the south property line between the alley in Block 2, Higgins Englewood Gardens, and South Pearl Street. The reasons for this recommendation are as follows: 1. The Perpetual Alley Easement will provide adequate access from South Pearl Street to the remaining dedicated portion of the alley for property owners in the block south of the proposed parking structure. This right-of-way can be used during the construction of the parking structure inasmuch as the lower level will not extend into this area because of the loca- tion of the City Ditch. 2. The five foot easement on the west property lines of Lots 42 through 45 will widen the existing 15 foot alley dedication to 20 feet for adequate turning radius from the 16 foot alley easement. 3. The alley and the alley easement will be able to be used during construction. AYES: McBrayer, Pi erson, Senti, Tanguma, Williams, Barbre, Carson, Draper NAYS: None ABSENT: Becker The motion carried . • • • IV. PROPOSED ANNEXATION Osage Street Annexation -5- CASE 1123-80 Mrs. Romans stated that this matter is being referred to the Commission as a point of information; several years ago, the city attempted to annex a rather large area around Tufts and South Windermere, and West of South Santa Fe Drive. Property owners brought suit against the City's annexation, and the annexation was declared null and void. Following this court action, the City did receive individual petitions for annexation from the Mardesen prop- erty, the Friedman Paper Company, the properties at 1470 West Tufts Avenue and 1~85 West Tufts Avenue, from Mr. Anderson and Mr. Oakley on South Mariposa Drive, and the Norling Property at West Tufts Avenue and South Windermere Street. These petitions were accepted, the properties annexed to the City of Englewood, and with the exception of properties owned by Mr. Anderson and Mr. Oakley, the properties were zoned for I-1, Light Industrial. Mr. Oakley and Mr. Anderson requested and received an R-1-C, Single-family Residence, zone classification on their properties. Mr. and Mrs. McGirr contacted Mrs. Romans several months ago about the possi- bility of annexing their property to the City of Englewood; they find it necessary to hook onto the City water line on West Tufts Avenue, and to obtain water service, they must annex to the City of Englewood. Mr. and Mrs. McGirr's property is at 1501 West Tufts Avenue, and property at 4545 South Osage Street, which is just to the north of the McGirr property, is owned by a Mr. and Mrs. Vette. Several years ago when the City's attempted annexation was finalized and the land was within the City for a short period of time, the City had issued a Building Permit to Mr. and Mrs. Vette, which was transferred to Arapahoe County when the annexation was nullified. Mr. and Mrs. Vette have joined in the annexation petition with Mr. and Mrs. McGirr·which was presented to the Department of Community Development earlier on this date. The petition for annexation to the City will now go to the City Council. Mrs. Romans pointed out that the property must be zoned within 90 days from the date the annexation is finalized, Mrs. Romans then reviewed the zoning classifications that are in existence in this area; that land that has been annexed to the City of Englewood is zoned I-1, Light Industrial; the County has given some of the properties in this area the designation of I-2, Heavy Industrial. Mrs. Romans stated that the proposed zoning cannot be determined at this meeting, but suggested that the Commission might want to keep this in mind. Mrs. Romans suggested that possibly this could be considered about October 1st, either at a special meeting, or incorporated into a regular meeting agenda. Mrs. Romans suggested that it would be appropriate, if the Commission agrees with the staff, to recommend to City Council that the annexation petition be accep_ted and approved. Mrs. Romans discussed the benefits that property owners would realize by annexing to the City of Englewood, namely being removed from the special assessment districts such as the Arapahoe Library District, the Littleton Fire Protection District, Arapahoe County Law Enforcement District, etc. Discussion ensued. Mr. Draper asked if South Osage had been dedicated as a street? Mrs. Romans stated that some maps show it as a dedicated right- of-way, and others do not; it is the only point of access to the property owned by Mr. and Mrs. Vette. It is designated as South Osage Street at the post office, and has been there for a number of years. -6- Tanguma moved: Carson seconded : Th e Planning Commission r ecommend to City Council that the South Osage Street Annexation be approved. The Planning Commission has studied t his in t h e past and has recommended the area be annex ed on prev ious o ccasions. The annexation of this area is in compliance with the Comprehensive Plan, and should be approved. AYES: Pierson, Senti, Tanguma, Williams , Barbre, Carson, Draper, McBrayer NAYS: None ABSENT: Becker The motion carried. Mr. Draper asked i f it would be proper for the Planning Commission to recommend to City Council that a determinatio n be made on South Osage Street --whether it is a dedicated right-o f -way or not . Mr s. Romans stated that she would discuss this wi th the En g i neer i n g Service s Department and try to get a deter- mination from t h em and report back to t he Commission. V. FINDINGS OF FAC T 4700 South Bannock Street R-1-C to R-2 -C CASE #19-80 Mrs. Pierson stated that the Commission members had received copies of the Findings of Fact, and asked if there was a n y discussion on the Findings as written by the starf? Tanguma moved: Carson seconded: The Planning Commission approve the Findings of Fact for Case #19-80, the rezoning of the 4700 block South Bannock St reet, from R-1-C, Singl e-family Residence, to R-2-C, Two-family Residence; the Findings of Fact to be referred to City Council. AYES: Senti, Tanguma, Williams, Barbre, Carson, Draper, McBrayer, Pierson NAYS: None ABSENT: Becker The motion carried. VI. PUBLIC FORUM Mrs. Pierson asked if any member of the audience would wish to address ·the Commission? No one addressed the Commission under Publi c Forum. VII. DIRECTOR'S CHOIC E • Mrs. Romans p r e sent ed Comm ission members with the Housing Policy Plan, and ~ noted that forme r Associa te Planner Al ice Fessenden began work on this report several months ago. To fulfill on e of the goa l s of the Comprehensive Plan, • • -7- a detailed study of the housing stock in Englewood was needed, and this report is a very thorough analysis of the housing within the City. Mrs. Romans pointed out that graphic work in the report was done by Mrs. Barbara Young, and Jed Goldstein has done much of the research and writing. Mrs. Romans stated that about a year ago, the Code Enforcement Inspectors and Housing Inspector did an external survey of the condition of housing in Englewood, noting structural damage, roof damage, electrical insufficiencies, etc., anything that would need repair in order for that structure to comply with the Code. This informa- tion is incorporated in the report • . Mrs. Romans then discussed the fact that the Planning Division does the planning for the Housing Division, and noted the areas of cooperation between the three divisions of the Community Development Department. Mrs. Romans stated that the Rehabilitation Loan Program is moving steadily; it is the hope of the Housing Division to have another 20 loans approved and construction in progress by the end of the year. The rent subsidy program to aid families is also operated through the Housing Division, as is the Simon Center for the elderly, and the new Public Housing project which will be 100 units for elderly and 10 family units. Mrs. Romans stated that several months ago, members of the Commission were given copies of a report on Mortgage Revenue Bonds. A feasibility study is underway, which study is being done by Fox and Company. Mrs. Romans stated that City Council passed a resolution of intent earlier this year; the amount of the bonds issued will not exceed $25,000,000, and will be used to aid low and moderate income families in the purchase of homes. Mrs. Romans stated that Fox and Company is working with E. F. Hutton on the f~asibility study, and have had a meeting with the lending agencies within the City, and will also contact lending institutions outside of the City that have loaned money for purchase of houses within Englewood. Participating institutions will share in the $25,000,000 bond money in proportion to the loans they have made within Englewood. Mrs. Romans stated that the banks which have par- ticipated in the Rehabilitation Loan Program would also be included in the participation, these Banks being the Continental National Bank, First National Bank of Englewood, Republic National Bank, and the new Community Bank. The administration would like to have the Commission make a motion approving the City's participation in the Mortgage Revenue Bond Program. She pointed out that the City will not be administering the program, but will be asked to set the guidelines for the program. Mr. Wanush, the Assistant City Manager, suggested that if the Planning Commission did agree with the City's participa- tion in the Program, that they might wish to make a recommendation in support of the City Council. Mr. Draper asked if he understood that the bonds would be sold to the public, and the proceeds would go to the banks? Mrs. Romans stated that it is a tax-free program, and the City does stand back of the bonds. She pointed out that a Bill has been introduced by Congressman Ullman of Oregon in an attempt to limit this program. Local officials have been advised that the success of a program would depend more on the market than on anything the Congress will do. Mrs. Romans reiterated that the City's responsibility will be to approve the guidelines of the program, setting the pricing of the houses and .the income which may not be exceeded for participation in the pro- gram. -8- Mr; Draper asked if the City budgeted the feasibility study, or if this would come out of the bond funds? Mrs. Romans stated that she understood it would • be out of the administrative costs. Mrs. Romans sta ted that the program is designed for single-family ownership, and would probably not apply-to renters. Mr. Draper asked what rate of interest would be charged the borrowers? Mrs . Romans stated that she could not say what it would be at the time the program is implemented. Mr. McBrayer asked if this would be the time to ask what restrictions and limitations there would be on the individuals participating in the Program? Mrs. Romans stated that the basis for these decisions will be provided in the feasibility study which is due within the next couple of weeks. Mrs. Pierson stated that i f the Commission made a recommendation supporting the Mortgage Revenue Bond Program, she would urge that it be a philosophical approval rather than a blanket endorsement. Mr. McBrayer agreed, stating that he hated to give an endorsement of some plan when he doesn't really know what it is. Mr. Draper asked if the program would apply to new construction as well as to existing housing? He stated that he felt it might be the ideal way to bring some of the substandard homes up to standard at the time of purchase. Mrs. Romans stated that she understood the Program would apply to new con- struction as well as existing homes, and that she further understood they would like to stay away from condominium and duplex purchases where possible. Mrs. Romans stated that this program is a tool to comply with one .of the goals of the Comprehensive Plan, that being increased home ownership in Englewood. Mr. Tanguma stated that he felt it is commendable of the City to be involved to the extent that they are in helping people to purchase homes. He stated that he personally doesn't think programs such as the Mortgage Revenue Bond Program has ever hurt anyone. Mr. Draper asked if there would be points charged by the lending institutions making the loan; he noted that this is done on VA loans, for instance. Mrs. Romans stated that she understood this is not the case. Mr. Senti stated that it would be a conventional loan at a lower interest rate. He stated that this Program has been done all over the metro area; he stated that he personally didn't know that the City needed this program, or that it is necessary. Mr. McBrayer stated that he couldn't see why the Commission should get in- volved. Mr. Draper commented that it's almost subsidized banking. Brief discussion ensued . No action was taken by the members of the Commission. Mrs. Romans brought the members up to date on the Prowswood plans for the site formerly known a s the Country Club Joint Venture site. The Prowswood representatives have me t with the residents of Kent Village and are pro- ceeding with their plans f o r multi-story buildings on the site; there will be no low-rise townhouse unit s. Mrs. Romans stated that Mr. Harding of Prowswood will b e i n town on September 4, 1980, and will be bringing the • • • -9- plans for the development with him. Mrs. Romans stated that the possibility of going Planned Development has been discussed with Prowswood representatives; it was their determination that they bought the land from Country Club Joint Venture based on a plan that was approved by the Planning Commission with the R-3 zoning. They did not want to do anything that might jeopardize that approved plan, and therefore, chose not to go through the Planned Development process. Mrs. Romans stated that it has been suggested that there be a Public meeting wherein notification would be given to the adjoining property owners, and Prowswood is agreeable to such a meeting. Mrs. Romans stated that assuming the p~ans to be brought in by Prowswood are in order, we should be able to have the Public Meeting sometime this month, and suggested either September 23, or September 30, which would entail a special meeting. Mrs. Romans asked members if Ehey would be available on both evenings of September 23 or September 30 ~or the Public Meeting? Mr. Senti stated that he would not be available for ~a meeting on the evening of September 23rd. The remainder of the members present stated that either evening would be satisfactory to them. Mrs. Romans stated that the Community Development staff was asked by the Parks and Recreation Department to do a site survey for the proposed community center. Mrs. Young and Mr. Jed Goldstein of the Planning Division staff have compiled a study of 12 sites with commentary on advantages and disadvantages of each site. A map has also been prepared indicating the proposed sites, which map was displayed for the Commission members. It was suggested that this map might be re~uced in size and reproduced for each member of the Com- mission. Mrs. Romans stated that this would be done. Mrs. Romans stated that the staff is working on amendments "to the Subdivision Regulations and Comprehensive Zoning Ordinance, which will require parking facilities for bicycles. She noted that these amendments will require Public Hearings before the Planning Commission and City Council. Mrs. Romans re- viewed the proposed amendments very briefly, and stated that this would be available for Commission perusal at the next meeting of September 16, 1980. V. COMMISSION'S CHOICE Mrs. Pierson made reference to a letter from Swedish Medical Center which had been delivered to the office for all members of the Planning Commission. Mrs. Pierson stated that she and Mrs. Romans had gone to a presentation by Mercy Hospital last Wednesday evening. This meeting pertained to the ex- pansion of the Mercy Hospital facilities into the area of I-25 and C-470. Mrs. Pierson stated that while the meeting was well thought-out and was a good meeting, the only reason they advanced for this expansion into the southern metro area was that it was "good competition". Mrs. Pierson stated that she is opposed to "competition" in the matter of health care services. Mrs. Pierson stated that the presentation did not show that any services would be provided by Mercy that are not presently being provided by Swedish Medical Center and Porter Memorial Hospital at the present time, or that are not on the drawing board for these two medical facilities. Mrs. Pierson stated that she admittedly has a rather biased attitude on this matter, and asked Mrs. ·Romans to give a report on the meeting . ~rs. Romans stated that Mercy Hospital is talking about a 125-bed facility in the vicinity of I-25 and C-470. She pointed out that for years, Sweqish -10- Medical Center has talked about "satellite facilities" throughout the southern metro area, and does, in fact, have such a facility at the Ken Caryl Ranch and • in Castle Rock. She stated that she feels that Swedish Medical Center/Porter Memorial Hospital have covered the medical service needs of the south metro area. She pointed out that the representatives of several fire services were in attendance at this meeting, and were' concerned about the para-medic services inasmuch as they have a good working relationship with Swedish Medical Center. Mrs. Romans stated that she would have to agree that the entire premise of the presentation was that of "competition" and that the patients should have a "choice of hospital". She pointed out that she felt it is usual for a patient to go to the hospital where their physician practices. Mr. McBrayer stated that he feels most people are of the opinion that Swedish Medical Center is a good institution to have within the City, and that they are providing good service to the south metro area. He asked why the members of the Planning Connnission would condone competition for a "home-town business." Mr. Tanguma asked why there is opposition to competition in the medical field? Mrs. Pierson stated that competition in the medical field does not drive down costs; if beds in any medical facility are vacant, this means that fewer people must pay more to meet the costs of the medical facility. Mr. Tanguma stated that a hospital will not go into a given location unless they know they will make money. Mrs. Pierson stated that she believed they will have to have a Certificate of Need before they can build the hospital. She understood that it will" not be a full-service hospital at that location; some of the services will have to be provided by the main hospital downtown or from a iocal hospital. Mr. Tanguma reiterated his belief that when there is competition in services it tends to stabilize the prices; he stated that he felt this is part of the problem with the economy today --government is keeping competition from doing what it is supposed to do, which is to keep the prices down. Mrs. Pierson strongly disagreed with Mr. Tanguma, pointing out that people do not have a choice in whether or not they will go to the hospital. Mr. Senti stated that vacant beds in hospitals is one of the problems in driving up the costs of medical services today. Mr. Draper pointed out that with the advent of Mission Viejo, we would be looking at a great population increase and questioned whether there would be need for increased medical facilities over and above what the Swedish Medical Center and Porter Memorial Hospital could provide. Mrs. Romans stated that Mercy is requesting funds to do a feasibility study to show that need. Mr. Cliff Johnson of Swedish Medical Center stated that Swedish is taking into consideration potential growth in planning their medical facilities and services. He stated that he felt future growth could be handled by th~ Swedish Medical Center/Porter Hospital facilities. He stated that hospitals do not get together on their costs, but Mrs. Pierson is correct; the cost of operation do have to be covered whether beds are filled or not. Mr. Tanguma stated that with competition, he felt the medical facilities would be forced to manage their resources properly and cut down on waste. Mr. Johnson stated that he would strongly disagree with this statement. Mr. Johnson cited • the decrease in the number of days patients are staying in the hospital, and the number of patients per 100,000 population which has risen. Mr. Johnson stated he unders tood that Mercy wanted to build a medical office building in the I-25/C-4 70 area first, and that he did not know of any doctors who were interested in locating in that particular area. -11- The Cotmnission asked that they be kept posted on this matter. ~ Mrs. Pierson suggested that the matter of Bicycle Facilities could be dis- cussed a little further. • Mr. Williams left the meeting at 8:45 P. M. Mrs. Romans stated that copies of the proposed changes were not made for the Connnission, but that she would run through them very quickly. Following a synopsis of the proposed changes, Mrs. Romans stated that copies of the pro- posed changes would be available at the next meeting. Mrs. Romans noted that the staff is also working on a "smoking vehicle" ordinance, which will not come before the Connnission, but will require a Public Hearing be- fore the City Council. Mrs. Pierson asked if there was anything else to come before the Conunission? There being nothing further, the meeting was adjourned at 8:55 P. M. Secretary -12- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 3, 1980 SUBJECT: RECOMMENDATION: Carson moved: Tanguma seconded: Alley Vacation in Block 2, Higgins Englewood Gardens and Acceptance of Perpetual Easement. The Planning Commission recommend to City Council that the north 150 feet of the alley in Block 2, Higgins Englewood Gardens Subdivision be vacated, and that the City accept the 16 foot wide Perpetual Easement to be given by Swedish Medical Center along the south property line between the alley in Block 2, Higgins Englewood Gardens, and South Pearl Street. The reasons for this recommendation are as follows: 1. The Perpetual Alley Easement will provide adequate access from South Pearl Street to the remaining dedicated portion of the alley for property owners in the block south of the proposed parking structure. This right-of-way can be used during the Gonstruction of the parking structure inasmuch as the lower level will not extend into this area because of the loca- tion of the City Ditch. 2. The five foot easement on the west property lines of Lots 42 through 45 will widen the existing 15 foot alley dedication to 20 feet for adequate turning radius from the 16 foot alley easement. 3 . The alley and the alley easement will be able to be used during construction. AYES: McBrayer, Pierson, Senti, Tanguma, Williams, Barbre, Carson, Draper NAYS: None ABSENT: Becker The motion carried. By Order of the City Planning and Zoning Commission. • • • • -13- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION • DATE: September 3, 1980 SUBJECT: RECOMM~DATION: Tangllllla moved: Carson seconded: OSAGE ANNEXATION PETITION The Planning Commission recommend to City Council that the South Osage Street Annexation be approved. The Planning Commission has studied this in the past and has recommended the area be annexed on previous occasions. The annexation of this area is in compliance with the Comprehensive Plan, and should be approved. AYES: Pierson, Senti, Tangl.llila, Williams, Barbre, Carson, Draper, McBrayer NAYS: None ABSENT: Becker The motion carried. By Order of the City Planning and Zoning Commission . -14- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 3, 1980 SUBJECT: RECOMMENDATION: Tanguma moved: Carson seconded: Findings of Fact -Case #19-80 The Planning Commission approve the Findings of Fact for Case #19-80, the rezoning of the 4700 Block South Bannock Street, from R-1-C, Single-family Residence, to R-2-C, Two-family Residence; the Findings of Fact to be referred to City Council. AYES: Senti, Tanguma, Williams, Barbre, Carson, Draper, McBrayer, Pierson NAYS: None ABSENT: Becker The motion carried. By Order of the City Planning and Zoning Commission. • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 19-80, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECPMMENDATIONS RELATING TO ) AN APPLICATION FOR THE REZONING ) OF AN AREA FROM R-1-C, SINGLE-) FAMILY RESIDENCE, TO R-2, MEDIUM-) DENSITY RESIDENCE, WHICH WAS FILED ) BY M. L. COOPER, E. J. CRABBE, ) ET AL. ) -15- A Public Hearing was held in connection with Case No. 19-80 on July 22, 1980, in the City Council Chambers of the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Mr. Barbre, Mrs. Becker, Mr. Carson, Mr. Draper, Mr. McBrayer, Mrs. Pierson, Mr. Senti, Mr. Tangtnna and Mr. Williams. No members were absent. FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations, reports and filed doctnnents, the City Planning and Zoning Commission makes the following Findings of Fact: 1. That proper notice of the Public Hearing was given. 2. That the names of those persons signing the rezoning ap- plication are as follows: Lynne F. Smith 4700 South Bannock Street Englewood, Colorado 80110 Michael L. Cooper E. J. Crabbe Charles R. Cooper 4710 -4720 South Bannock Street c/o 3597 South Bannock Street Englewood, Colorado 80110 William and Beatrice M. Becker 4732 South Bannock Street Englewood, Colorado 80110 Joseph and Flossie V. Burr 4734 South Bannock Street Englewood, Colorado 80110 -16- Ted H. Rickard 4760 South Bannock Street Englewood, Colorado 80110 Betty J. King 4768 South Bannock Street Englewood, Colorado 80110 William J. and Betty Lou Bolis 4780 South Bannock Street Englewood, Colorado 80110 c/o 7010 South Platte Canyon Road Littleton, Colorado 80123 James Henry 4790 South Bannock Street Englewood, Colorado 80110 Fannie Beshore Kathleen Harris 4707 South Bannock Street c/o 4647 South Lowell Boulevard Denver, Colorado 80236 Harold G. and Carol J. Pickrel 4733 South Bannock Street Englewood, Colorado 80110 c/o 9090 East Nassau Avenue Denver, Colorado 80237 Paul R. and Beverly J. Yeager 4735 South Bannock Street Englewood, Colorado 80110 c/o 6858 South Franklin Circle Littleton, Colorado 80122 H. Carl and Florence H. Ayers 4779 South Bannock Street Englewood, Colorado 80110 Larry Colpitts 201 West Layton Avenue Englewood, Colorado 80110 and that those persons represent approximately 65% of the property owners in the area. 3. That the applicants proposed to rezone the following described property from R-1-C, Single-family Residence, to R-2, Medium Density Resi- dence, pursuant to the Comprehensive Zoning Ordinance of the City of Englewood: Beginning at a point where the extended centerline of the alley east of 4700 South Cherokee Street intersects the centerline of West Union Avenue; Thence east along the cen- terline of West Union Avenue to its intersection with the extended centerline of the alley east of 4700 South Bannock Street; Thence south along the centerline of said alley to the centerline of West Layton Avenue; Thence west along the center line of West Layton Avenue to its intersection with • • • • -17- the extended centerline of the alley east of 4700 South Cherokee Street; Thence north along said alley to the point of beginning • (Both block faces in the 4700 block south.) 4. That the area sought to be rezoned by this application was annexed to the City of Englewood by Ordinance No. 5, Series of 1950, and according to the information in the Planning Division files, was zoned for Single-family Residential use. The area was zoned R-1-D, Single-family Residential, in 1955 and remained in that classification until 1963 when the subject property was zoned R-1-C, Single-family Residence, by Ordinance No. 26, Series of 1963, at which time the R-1-D Zone District was repealed. 5. That the property to the north and west of the subject site is zoned R-1-C, Single-family Residence. 6. That the property to the east of the subject area is zoned R-2, Medium-Density Residence. 7. That the property to the south on the east side of South Banno ck Street, is zoned R-3, High Density Residence, and the property t o the south on the west side of South Bannock Street, is zoned R-4, Resi- dential-Professional. 8. That there is an intermix of duplexes and tri-plexes in the medium density zone district to the east and south/southwest of the subject area and also a high density residential development to the south/southeast of the subject area. 9. That the subject area was identified as an Area of Concern in the 1969 Comprehensive Plan and as a Target Area for the Home Rehabilitation Loan Program in 1977. 10. That the block consists of single-family residences, most of which were constructed prior to annexation to the City and that several of these are basement houses or small houses, some of which are located on the rear of the building lot, which would not meet the current zoning and building regulations. 11. That the 1979 Comprehensive Plan identifies the subject area as a Low-Density Residential Incentive Area, the intent of that designation being that some type of an incentive may have to be given to owners within the area to encourage the redevelopment of substandard property --possibly through a density bonus, a tax incentive or a loan or grant to assist in the clearance of the property and preparing it for new development. 12. That the applicants state in the application that "some owners would like to build new dwellings or make additions, but the cost of de- molishing, removing and rebuilding in the neighborhood under the R-1-C zoning limitations seems prohibitive. . "Rezoning to R-2 would permit the construction of two-family dwellings which is considered economically feasible and practical in the neighborhood. Rezoning to the R-2 designation would still be a reasonably low-density use and compatible with the neighborhood generally and with South Acoma Street which is currently zoned R-2." -18- 13. That concern was expressed at the Public Hearing about the feasibility of integrating structures with three or more attached dwelling units into the block. 14. That the R-2, Meditnn Density Zone District, permits a maximtnn density of 14 dwelling units per acre w1th either a one or a two-family unit on a 50-foot frontage and for each additional 25-foot of frontage, another attached dwelling unit may be constructed. 15. That the R-2-C, Medium Density Residence District, permits the same density per acre as the R-2 District, but no more than two units can be attached in the R-2-C Zone District, thus making this District more restrictive than the R-2. 16. That having given proper notice of the Public Hearing at which the rezoning of the area from R-1-C, Single-family Residence, to R-2, Medium.- Density Residence, was considered, and after having weighed the testimony given at that Public Hearing, the members of the City Planning and Zoning Commission concluded that they may recommend to the City Council that they consider the rezoning of the subject area to R-2-C, Medium-Density Residence, which zone district permits the same density, but is more restrictive than that zoning which was requested by the applicants. 17. That this concept was discussed at the Public Hearing with those applicants in attendance and their Counsel, and with other persons having an interest in the rezoning application. CONCLUSIONS 1. That proper public notice of the Public Hearing was duly given according to Section 22.3-4 of the Comprehensive Zoning Ordinance, 2. That several of the properties within the subject area do not meet the minimum standards or requirements of the present Comprehensive Zoning Ordinance and Building Code, and that redevelopment of these properties has not taken place under the present zoning. 3. That the Medium Density zoning would be an extension of similar zoning on the east of the subject area. 4. That whereas the mass of three or more attached dwelling units may not be compatible with single-family dwelling units in the subject area, an admixture of two single-family attached dwelling units could be integrated into the subject area without an adverse effect. 5. That the R-2-C Medium-Density Zone District is at the same density as the R-2 Zone District, but is more restrictive in that no more than two dwelling units can be attached. 6. That the proposed R-2-C, Medium Density Residence District, will provide a tool by which the intent of the 1979 Comprehensive Plan can be implemented, i.e., encouraging the redevelopment of properties on which there are substandard structures. • • • • -19- RECOMMENDATION Therefore, it is the recommendation of the City P lanning a nd Zoning Commission to the City Council, that the above described property which is the subject of a rezoning application filed by M. L . Cooper, E. J. Crabbe, et al, be rezoned from R-1-C, Single-family Residence, to R-2-C, Medium Density Residence. . Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on July 22, 1980: Those members voting in favor of the motion: Mr. Barbre, Mr. Draper, Mr. McBrayer, Mrs. Pierson, Mr. Senti and Mr. Williams. Those members voting in opposition to the motion: Mrs. Becker, Mr. Carson and Mr. Tanguma. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION