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HomeMy WebLinkAbout1980-02-05 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION February 5, 1980 I. CALL TO ORDER. 5 F ~ ' The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Tanguma at 7:00 P.M. Members Present: Draper, Pierson, Smith, Tanguma, Williams, Becker, Carson Wanush, Ex-officio Members Absent: McBrayer, Barbre Also Present: Assistant Director D. A. Romans; Associate Planner Alice L. Fessenden; Commission Member elect Milton Senti II. RE-ORGANIZATION OF PLANNING COMMISSION. Mr. Tanguma stated that as the first order of business, the Planning Commission would elect a Chairman and Vice-Chairman for the ensuing year. Mr. Tanguma called for nominations for the position of Chairman. Mr. Carson nominated Mrs. Judith Pierson as Chairman of the Planning Commission. Mr. Williams seconded the nomination. Mr. Tanguma asked if there were further nominations for Chairman? No further nominations for Chairman were made. Tanguma moved: Carson seconded: The nominations be closed and Mrs . Pierson be elected Chairman of the Planning Commission. AYES: Carson, Draper, Pierson, Smith, Tanguma, Williams, Becker NAYS: None ABSENT: Barbre, McBrayer The motion carried. Mrs. Pierson assumed the Chair, expressed her appreciation in being elected Chairman, and opened the floor for nominations for the position of Vice-Chairman. Mr. Smith nominated Mr . Draper as Vice-Chairman. Mr. Tanguma seconded the nomination. Mrs. Pierson asked if there were further nominations for Vice- Chairman? No further nominations were made. -2- Smith moved: Carson seconded: Nominations be closed, and Mro Draper be elected Vice-Chairman. AYES: Becker, Carson, Draper, Pierson, Smith, Tanguma, Williams NAYS: None ABSENT: Barbre, McBrayer The motion carried o Mrs. Pierson stated that the Planning Commission has four new members which were appointed by City Council on February 4th. Mro Don Williams, former City Councilman, wa s appointed to a four-year term on the Planning Commission, as were Mr. Milton Senti, also a former City Councilman and Mayor, and Mr. Ed McBrayer . Mr. Doyet Barbre was appointed to a one-year term. Mrs. Pierson noted that Mro Senti's term wi l l begin March 24, 1980, and that until Mr. Senti assumes that position, former Councilman Don Smith has been asked to serve. Mrs. Pierson stated that she understood Mr. McBrayer was ill and unable to attend the meeting, and that Mr. Barbre had a conflict and was also unable to attend. Mrs. Pierson welcomed Mr. Williams back to the Commission o III. APPROVAL OF MINUTES. Chairman Pierson stated that the Minutes of January 8, 1980, were to be considered for approval. Draper moved: Carson seconded: The Minutes of January 8, 1980, be approved as written. AYES: Becker, Carson, Draper, Pierson, Tang uma NAYS: None ABSTAIN: Williams, Smith ABSENT: Barbre, McBrayer The motion carried. IV O CENTURIAN PARTNERSHIP Planned Development CASE #27-79 Mrs. Pierson stated that this matter has been continued from the December 4, 1979 and January 8, 1980 meetings to this date. Tanguma moved: Smith seconded: That Case #27-79 be brought fran the Table for Public Hearing. AYES: NAYS: ABSENT: Tanguma, Williams, Becker, Carson, Draper, Pierson, Smith None Barbre, McBrayer The motion carried . -3- Mrs. Pierson asked for the staff presentation. Mrs. Romans stated that the purpose of the Public Hearing is to consider a request for approval of a Planned Development in Northwest Englewood. This area was annexed to the City of Englewood in 19570 The property between Zuni and Tejon, from the Vassar/College alley to the Evans/Adriatic alley was zoned R-1-D, Single-family Residence, upon annexation, which zone classification was changed to R-1-C, Single-family Residence, when the Comprehensive Zoning Ordinance was revised and adopted in 1963. The land was then zoned to R-2-C, Medium Density Residence, in 1976. Centurian Partnership has purchased property between West Iliff Avenue and West Caspian Place to the west of South Tejon Streeto Dr. Oliver and Mro Joe Adams are the principals in the Centurian Partnership. Mrs. Romans stated that the R-2-C Zone classification permits a maximum of 14 dwelling units per acre, with a minimum lot frontage of 50 feet, and a minimum lot area of 6,000 square feeto The purpose of a Planned Development is to allow flexi- bility in developments and the process requires a Public Hearing before the Planning Commission and the City Council. At such time as a Planned Development is approved, it is recorded in the Arapahoe County Clerk and Recorder's office, and any de- velopment of the site must be in conformance to the recorded Development Plan. Centurian Partnership is proposing to construct five duplexes, or a total of 10 dwelling units on their acre of lando Mrso Romans pointed out that the R-2-C Zone District will permit no more than two units to be attached. The Comprehensive Plan shows this area to be developed as medium density. The develop- ment in the residential area since annexation has been keyed to getting additional right-of-way for West Baltic Place, West Caspian Place and West Hillside Avenue, because some property owners who have contacted the City have indicated that they did not want to maintain the large lots, and wanted to develop the back half of the loto These property owners have dedicated the right-of-way to the City to provide access to the rear of the lots and provide a second building site on their property. There have been dedications of right-of-way for West Caspian Place and West Baltic Place, and people in these blocks want to begin development when the dedications are completed. Most of the right-of-way has also been dedicated for West Hillside Avenue. Mrs. Romans stated that there is considerable activity going on in this areao Mrs. Romans stated that there is a 14-foot easement in all of these blocks for utility install~tions. In the blocks where right-of-way has n6t been dedicated and there are re- quests for building permits, water and sewer service would be extended through this 14-foot easement. -4- Mrs. Romans stated that the staff has been working with the principals of Centurian Partnership for several weeks, and that the Plan before the Commission at this time is the second one to be submitted, and is identified as Plan #2. There is an eight-inch water line and an eight-inch sewer line in West Iliff Avenue, from which three of the lots will be serviced. Plans are being made to extend water and sewer lines in West Caspian Place to provide service to the remaining units which will front on that street . The plan proposed by Centurian Partnership is f or the construction of f ive duplexes. Building Permits have been approved for four duplexes, two fronting on West Iliff Avenue, and two fronting on West Caspian Place. Access to the fifth duplex, located in the center of the property, would be by a private roadway extending south from West Iliff Avenue . Water and sewer service for the fifth duplex would be installed in this roadway, which would be in- cluded in the ownership of Lot 3, the Lot on which the fifth duplex is proposed. The Development Plan has been designed in this way because the Utilities Department has a policy whicb prohibits extending a water or sewer line across private property to serve a building site. The initial proposal from Centurian Partnership was to extend an easement across Lot 4, the lot to the south of Lot 3, in order to provide utility ser- vice to Lot 3. The Utilities Department would not accept this proposal, and stated that the lines must be extended in an area of "common ownership", or that the ownership of Lot 3 must include the land through which the lines are extended. The parking areas for Lots 1 and 2 would have access from the roadway owned by Lot 3 as proposed in Plan #2, which has been presented by Centurian Partnership . The staff feels that this could create problems in the future. Also, under Plan #2, a large portion of the yard which is part of Lot 3 would be across the private roadway and parking area. If this duplex were to be occupied by families, children would be crossing the private drive and parking area to reach the yard. Mrs. Romans made reference to the first plan which was submitted by Centurian Partnership, Plan #1, and contrasted it with Plan #2 on the location of the roadway, the configuration of the Lots, etc . Mrs. Romans cited areas of concern that the staff has with Plan #2, these being: 1. The parking areas do not meet the minimum standards. 2. The private driveway has been shown as 14 feet rather than the 16 feet as was indicated on Plan #1. The staff feels that the 14 feet could be rather "tight" for maneuvering, and would suggest that the drive be at least 16 feet in width . 3. If the Planning Commission determines that Plan #2 should be approved and recommended to City Council, the staff strongly recommends that the private roadway be constructed to City specifications, and that a performance bond be posted to ensure such construction. -5- Mrs. Pierson asked if there were any questions of the staff from the Commission? Mr. Carson asked if the Fire Department had considered the proposal and if they had posed any objections? Mrs. Romans stated that the matter was referred to the Fire Department and that no objections were posed because the Department would have access to each of the structures. Mrs. Pierson asked if the applicants were present? Dr. Oliver introduced Mr . Joe Adams, and stated that he would make the presentation for Centurian Partnership. Mr. Joe Adams stated that the objective of Centurian Partner- ship was to request approval of the Planned Development for the fifth unit in an effort to realize a reduction in the cost per unit. Mr. Adams stated that they estimated that the cost of one duplex lot could be saved, and that this savings could be passed on to the eventual owners/occupants of the duplexes; he estimated that this would be between $1,000 and $2,000 per building. They also wanted to come up with a development that would comply with the plans for this area, and they have abided by minimum lot areas, and other requirements. Mr. Adams stated that a problem in this area is that of street access. He stated that utility service to the two duplex units on West Caspian Place will be placed in the graveled roadway until such time as West Caspian Place is fully dedicated and improved. Mr . Adams stated that the main problem with the initial sub- mission, Plan #1, was that of the water and sewer line to serve Lot 3 extending across another Lot. Plan #2 deeds part of the private drive to the owners of Lot 3, and the utility lines serving Lot 3 will be installed within this pr~vate drive. Mr. Adams stated that the members of Centurian Partner- ship have no strong feelings about Plan #1 vs Plan #2. He stated that he felt a good solution might be to use Plan #1 and deed the drive from the centerline north to West Iliff to Lot 3. This would give private ownership to that Lot wherein the utility lines could be installed, and would eliminate the problem inherent in Plan 2 of the separation of the yard from the building across the road . Mrs. Becker asked if the only reason the applicants brought in the Plan #2 with the straight roadway line was to avoid putting the utilities across another lot? She asked if the curved driveway with the utility installation would be more costly? Mr. Adams stated that it would probably cost a little more, but not that much more . He stated that they would consider this drive a "private drive", and it would be reinforced concrete when improved. Mr. Tanguma questioned the control of traffic using this drive- way from West Iliff Avenue to West Caspian Place? He stated that he felt other people would try to use it if it goes through from one street to the other. Mr. Adams stated that he did not feel people would use it, and he felt that it could be con- -6- trolled by signing indicating that it is a private drive. Mr . Tanguma asked if this could become a problem in the future at such time as West Caspian Place is developed? Mrs. Romans stated that the staff did not see that it would be a problem. Mr . Smith noted that the staff report makes reference to a decrease in the parking area in Plan #2. He asked what they proposed to do to meet the minimum parking requirements? Mr. Adams stated that if Plan #1 was chosen with the roadway align- ment as shown, there would no longer be a problem with the parking area. Mrs . Romans confirmed that the minimum off- street parking requirements are met in Plan #1. Mr. Smith questioned the issuance of Building Permits on West Caspian Place inasmuch as it is not a fully dedicated street? Associate Planner Fessenden stated that the Building Permits have been approved for the two units on West Iliff Avenue and for the two units on West Caspian Place, but they have not been issued. Mr.Smith asked if the applicants bad contacted the residents who live in the area to discuss the proposal with them? Mr. Adams stated that Dr. Oliver has talked to some of the residents who live in the immediate proximity of the site, but they did not canvass the entire area. Dr. Oliver indicated which residents they have contacted on the block map of the area, and also indicated the properties Centurian Partnership has an interest in in addition to the subject site . Mrs. Pierson asked if the applicants chose to develop according to Plan #1 and deed the roadway to Lot 3 for utility lines, would the problems 1he staff has seen in regard to this pro- posal be solved? Mrs. Romans stated that it would solve some of them. Mrs. Pierson asked if enough problems would be solved to make it a desirable development? Mrs. Romans stated that the Plan would first have to be referred back to the Utilities Director to see if it met his requirements . Discussion ensued. Mr. Wanush stated that if the Commission and applicant were going to consider Plan #1, that perhaps the Hearing could be continued, and Plan #1 could be considered as a new plan. Mrs. Pierson asked if there was anyone else in the audience who wished to speak in favor of the proposed Planned Develop- ment? No one else wished to speak in favor of the Plan. Mrs. Pierson then asked if there was anyone in the audience who wished to speak in opposition to the proposed Planned De- velopment? Dwayne Skutvik 2268 West Iliff Avenue -felt that there were a lot of things -7- that haven't been brought out regarding this Planned Develop- ment. Mr. Skutvik stated that he is very concerned about the controversy on the dedication of West Caspian Place. He stated that his personal feelings about five duplexes being located on a site only four houses from his home is very negative. He stated that in his opinion, the construction of the four duplexes is bad enough, but with the construction of the fifth duplex, it would be like a two-story ten-unit apartment building on this property. Mr. Skutvik stated that he felt this would be very repulsive, and that the proposed development would de- crease his property value. Mr. Skutvik stated that the north- west Englewood residential area is a unique area and that the residents of the area are unique. He stated that he enjoyed the large lot in his ownership, and feels that 90% of the people in the area also enjoy owning large lots . Mr. Skutvik stated that he just found out Sunday, February 3rd, that this PlannEd Development was proposed . Mr. Skutvik stated that there are a lot of duplexes going up in this area since the area was zoned R-2-C in 1976. He stated that he understood it was felt the R-2-C would help the area. He pointed out there is a lot of frontage that would be very nice for single-family dwelling units. Mr. Skutvik reiterated that he is definitely opposed to the five units, and that he is in fact, opposed to four duplexes being constructed on the subject property. Mrs. Becker asked Mr. Skutvik how long he has lived in the northwest Englewood area? Mr. Skutvik stated that they have lived there about two or two and one-half years. He is in fact doing some remodeling on the house, and stated that he had gotten a rehabilitation loan from the Englewood Housing Authority to improve his home. Mr. Tanguma stated that at the time the R-2-C zoning was ap- proved, residents of the area were looking for ways to increase the school population to keep the elementary school open. One of the ways to do this was to provide dwelling units for families to move into, and it was felt that the R-2-C would provide an incentive for further residential development and redevelopment. Mr. Skutvik stated that the elementary school is closed, and the children are bused to other schools. He stated that he did not believe that duplex units bring in families with children. In his opinion, the people who live in duplex units are those who will not be residents for a full school year. Mr. Skutvik stated that he felt duplexes were a "starter sort of thing" for young couples who move on when they can purchase their own home. Mr . Skutvik estimated that there are 20 -25 duplexes that have been developed in this area already, and he feels this is a sufficient amount for a residential area as small as that in northwest Englewood. Mr. Skutvik questioned the effect of the development of duplexes in the long-term, stating that he felt they would create more problems for the City of Englewood . He reiterated that northwest Englewood is a nice area, and they don't want to live there with five duplexes const~ucted just four houses down from their property. -8- Mro Marshall Payson 2133 West Wesley Avenue -stated that he l:Rs taken a straw poll of residents of the area re- garding this proposal and the zoning of the area in generalo Mro Payson stated that he would like to give the history of West Caspian Place; this street was planned in 1963, he assumed because some of the people living there at that time wanted it. This was 17 years ago and it has not been fully dedicated yet. Mro Payson stated that he found out about this particular pro- posal about two months ago, and by the time he found out about the proposal, he also found out that people were going through the area trying to get property owners to dedicate right-of- way for the streeto He stated that some of these dedications of right-of-way have been done under "false pretenses", and cited Mrso Romero's dedication of right-of-way. She was en- couraged to dedicate the right-of-way because the developer is going to build her a duplex at-cost, but he has now determined that it will be a modular homeo He stated that he has done some investigations on the cost of modular homes, the basic price of which is approximately $36,000; with the addition of a basement and other amenities the price could increase by at least $10,000 and could increase the total price to $50,000 to $55,000. He stated that he understands that the offer was made to do it for this woman for $75,000o Mr. Payson stated he has had other people tell him they were told that if they didn't dedicate the right-of-way for the street, the City would condemn the land, install the sewer and water lines, pave the street and charge the residents for the improvementso If the street was dedicated, the cost of installing the utility lines and construction of the street would not be charged to the property owners. Mro Payson reiterated that some dedications of right-of- way were made "under threato" Mr. Payson cited a staff report from the Board of Adjustment and Appeals on a request for a variance for Mrs. Romero, and also cited a memo from Director of Community Development Wanush to Chief Building Inspector Pittman which stated that the variance, if granted, would not disturb the "essential character of the area 0 " Mr 0 Payson stated that he felt the "essential character" of the area is large lots, quiet, and peace. Mr o Payson questioned who was in need of the housing in northwest Englewood; the residents up there were not in need of additional housing. He suggested that perhaps with more housing, the taxes could be raised, and additional firemen and policemen would have to be hired to provide improved protection for the area o Mro Payson pre- sented pictures of trash that were taken recently; he acknowledged that the pictures are of an area in Denver to the west of Zuni, but that this area is very similar to that of northwest Engle- wood, and the residents of northwest Englewood fear that the increased development could lead to a situation such as that which is shown in the pictures. He stated that people living in northwest Englewood are afraid of the increased trash, dogs, vandalism and transient people which the development would en- courage. Mr. Payson stated that he felt all the structures should be one story if they have to go in there; the people who live next to these duplexes that are being developed enjoy -9- their privacy, and do not want to have people from the duplexes looking "down on them o" M~. Payson further discussed the informal poll that was taken of the residents. He stated that it was understood that this meeting was to determine whether or not the fifth duplex would be allowed on this site. The poll was divided into questions on (1) whether they wanted the fifth duplex to be allowed on the site in question; (2) whether they were in favor of ex- tensive development in "Scenic View", and (3) if they wanted the zoning changed back to an R-1 Single-family classification. Each column had an area for responses to yes, no, or indifferent. Mr. Payson stated that if it was the City's determination that the streets should be opened in 1963, why cannot the City change its position and vacate that area that has been dedica- ted back to the property owners to prevent the streets from going through? Mro Payson again made reference to the informal poll taken of the residents; he noted that the response is overwhelming in opposition to this development. The residents of the area do not want "absentee owners o" He asked if there was any zone classification that would require that the property owners live in one of the duplex units? Mr. Wanush asked Mr. Payson if it was reported to him that there were City people involved in "pressuring" people to dedicate right-of-way? Mro Payson stated that he didn't know who was responsible f or the "pressuring" tactics, but that he did not believe it was City people. He stated that property owners were told there was a new law regarding the dedication of right-of-way, to the effect that if they did not dedicate the right-of-way, the City would do it. Mr. Wanush stated that it is the policy of the City that all right-of-way dedications are made voluntarily. Regarding the installation of utilities and improvement of the streets, these costs are assessed to the property owners fronting on the particular street which is improved, or in which the utilities are installed. Mrs. Becker stated that comments have been made about two- story structures; she questioned whether two story buildings were permitted in the R-2-C Zone District? Mr. Wanush stated that the height limitation is 25 feet in this zone district. The renderings of the proposed structures appear to be about 1-1/2 stories in height, Mr. Tanguma stated that Mr. Payson had indicated some dedica- tion of property was made under false pretenses; he asked that Mr. Payson cite an example. Mr. Payson stated that a particular case was the property formerly owned by Mr o Nolan; this was a corner property, and when South Tejon Street was widened, part of his property was taken for the widening and improvement of -10- South Tejon Street. The same thing was experienced by Mr. Nolan on West Wesley Avenue; someone said they were going to condemn ~ to get the right-of-way . Mr . Payson stated that Mr . Nolan sold .. his property this year. He stated that he understood Mr. McBride is having second thoughts about having his contract for sale go through. Mr. Payson stated that some of the residents of this area have lived there for 32 years, and others have moved in within the last two or three weeks. People are attracted to the area because of the large lots, and the fact that the residents can have animals in this part of town. He stated that he did not see why the area has to be changed. Mrs. Becker stated that people should know when they moved into the area that it was zoned in this manner. Mr. Payson stated that he was one of the property owners who was in favor of allowing the medium density zoning in an effort to keep the school open, but the school was closed anyway. There is now no need for the medium density zoning in this area. Mr. Smith stated that as he recalled the reasoning behind the zoning of the area to medium density, was the idea that the residents could build and own the duplexes, live in one-half and rent out the other half or sell it off . He agreed that the construction of duplexes by themselves will not increase the school population because it does not encourage a permanent school population. At the time the zoning was approved, most of the people in this area felt that way. Mr. Smith stated that he felt it was "stupid" to close the Scenic View School, since that area is a unique part of Englewood. He pointed out that the definition of a neighborhood school is where the children can walk to school. The zoning to allow duplexes is not working; it is not increasing the school population, and unless the units are sold to individual owners the school population will not increase. Mrs. Pierson asked for further comments? Mr. Tanguma stated that when the area was zoned it was under- stood that one of the things the residents wanted to have done was to have the "alleys" dedicated to increase the building sites available in the area . Mrs. Pierson asked if anyone else wished to address the Com- mission? Mrs. Linda Puryear 2320 West Harvard Avenue -stated that there are a number of duplexes on West Harvard Avenue, and there are only three children going to school from these units. She pointed out that a lot of duplexes are being con- structed on West Vassar Avenue, also. She stated that they purchased their property because of the large lot and the prox- imity to the school. She stated that they are now considering moving because of all the duplexes that hav~ been constructed in the area. -11- Mr. Tanguma asked Mrs o Puryear if they were aware of the zoning classification when they purchased the property? She stated they were not aware of it when the property was purchased. Mrs. Puryear stated t ha t there are problems regarding the busing of the children t o school ; when the weather is bad, the bus can be late anywhere fr om 20 to 25 minutes or more. She has attempted to talk to the school administration about this, but no solution has been reached o Mrso Doris Skutvik 2268 West Iliff Avenue -stated that the plans for the develop- ment look good on paper. She stated that she could not imagine how this many duplexes (five) with parking areas would look or how it could possibly fit in with the neighborhood. Mrs. Skutvik stated that the area is being inundated with duplexes, and that the developers are not con- cerned whether their projects fit into the neighborhood. Mrso Skutvik stated that the property owners who live in the area have an interest in the area. She stated that it is "incredible" that Centurian Partnership is considering construction of five duplexes on the subject site; because this will bring in more transient population, which she felt "does not help anything." Mrso Skutvik stated that she understood that there would be only one duplex per lot, and now finds out that as many as four can be built to a lot o David Burnett 2130 West Iliff Avenue -stated that he is a neighbor of the proposed development, and is very much against it. He stated that he moved into the area in 1960 to live and enjoy it, and he brought one acre at the time he relocated to that area o At the time he purchased his land, it was zoned R-1, and was later changed to R-2-C for a "duplex per lot"; he now finds that there are four building sites per lot . Mr. Burnett stated that he thought about constructing not more than two buildings on his land at one time, but was told he could not do so because of the lack of access. He questioned how the proposed development could be considered inasmuch as West Caspian Place was not fully dedicated. He stated that he would like to see the land zoned back to R-1. Mr. Burnett stated that he felt if this development is allowed, they will have "about 20 cars" parked in front of their place, and the rental units will change tenants every two or three months. Mr. Burnett r eiter ated his objection to the proposal. Mr. Tanguma stated that property owners who are concerned about the collection of trash should contact the City, that citations can be given to prope r ty owners and/or tenants who let the trash collect. Mrs. Amber Mosbarger 2250 West Wesley Avenue -stated that she is opposed to five duplexes on this site; she stated that she doesn't know whether s he is opposed to the four duplexes. Mrs. Mosbarger stated that she is opposed to putting in a partial street on Wes t Casp ia n Place, because it would be -12- put in "only for the benefit of the developer ." She added that if West Caspian Place is opened through, it would "take the back off of the Payson house." Mrs. Mosbarger stated that some people are anxious to develop the rear portion of their lots, but a lot of people want to keep the extra open space. Mrs. Mosbarger stated that 11 the contractors come in, make their money, move on, and the property owners and resi- dents of the area are left with the problems." Mrs. Mosbarger stated that the people living in the area appreciate the view, and with the increased development, pretty soon the only thing one will be able to see will be the wall of another house. Mrs. Mosbarger stated that when the residents of the area petitioned for R-2-C zoning, they did not think the duplexes would be "scrunched" together. Mr. Skutvik asked what the width was on West Caspian Place, and what the width of a legal street is? He asked if 25 feet was considered a legal width? Mrs. Romans reported that the Engineering Division has stated that in blocks where full dedication has not been made to open the total street between South Zuni Street and South Tejon Street, they will grade that part that is dedicated in an ef- fort to cooperate with property owners and encourage development. Mr. Skutvik asked what would be done with the properties that are not dedicated? Mrs. Romans stated that nothing would be done with them until the property owner decides to dedicate the right-of-way. Mr. Smith stated that the street width is a 50-foot right-of- way, with a 44-foot roadway in most residential districts. Mrs. Romans pointed out that the roadway width is normally 32 or 36 feet in a residential area. Mr. Skutvik stated that he felt the 25-foot graveled roadway would be an "alley" rather than a roadway. He questioned that this was a legal access. He stated that residences could not be built on "alleyways" in Denver, and emphasized that the 25- foot dedication is not a full roadway. Mrs. Romans stated that since this area has been in the City, there have been people who have asked that the streets be put through, and that the staff has worked with the people who have come into the office to inquire about the streets. The City Council has taken the position that the City will not buy the right-of-way; it must be dedicated by the property owner. At the time the land was zoned to R-2-C, the people said they wanted to develop the area. Mrs. Romans stated that the staff has met with property owners in the area; there have been several block meetings, and at least one general meeting held at the elementary school in the last year or so. The majority of those residents who have been interested enough to attend these meetings, have stated that they do want to develop their land and the area. At one of the general meetings, there were -13- representatives of the Engineer ing Services Division, the Utilities Department, Fire Department and Code Enforcement Division present as well as the Planning Division staff. The people at this meet i ng stated that they wanted to develop the land, and discussion centered on ways this might be accomplished. The Engineering Services Department has said that if a dedica- tion of 25 feet from a point out to either South Tejon or South Zuni Streets is realized, that they would grade and gravel this portion of the street in an effort to aid the property owners in their attempts to develop the area. There is a 25-foot dedication from South Tejon Street to the property owned by Centurian Partnership, which will provide access to the duplexes to be developed on West Caspian Place. Mrs. Romans stated that the staff assumes that eventually a full 50-foot dedication will be made; the street will not be put in a paving district until the full 50-foot dedication is made. Mrs. Romans emphasized that the position of grading and graveling a 25-foot dedication was taken in an effort to cooperate with the residents and property owners of this area . Mr. Smith questioned whether the City has allowed development in any other place where only a partial dedication has been made? Mrs. Romans stated that there is some development pro- posed along West Hillside Avenue where a full dedication has not been made. Mrs . Romans pointed out that there are some properties that would be land-locked without an additional dedication of right-of-way or if the existing right-of-way were to be vacated. Mrs. Pierson asked Dr. Oliver to indicate again which properties he had an interest in? Dr. Oliver indicated properties to the south of the subject site which he had an interest in. Mrs. Pierson stated that with the properties which Dr. Oliver has an interest in, a full 50-foot dedication could be made to the centerline of the subjec t site; was this correct? Dr . Oliver stated that this was pretty much correct. Mr. Crosby 2186 West Iliff Avenue -asked that his property be indicated on the Block Map . He stated that according to the V.A., the rear 25 feet of his property has never been dedicated to the City for street purposes, even though it is so indicated on the map. He stated that he has owned this site for five years, and it was not dedicated by the prior owner either . He stated that the map is in error. Mr. Crosby stated that he had talked to Dr. Oliver at the meeting on January 8th, a t which meeting the Public Hearing was continued to this date, and Dr. Oliver indicated that he would go talk to Mr . Crosby more fully, but never showed up. A member of the audience st ated that Dr. Oliver did call Mr. Crosby but Mr . Crosby was not available at that time. -14- Mr.Crosby stated that the Centurian Partnership people have not talked to the residents of the area . He emphasized that the principals in the Centurian Partnership will not be living in the area with all the duplexes, but the present property owners will have to . Mr. Crosby stated that he bought a large lot on purpose; he collects antique cars and keeps them on the lot to work on . He stated that he has erected a stockade fence around his lot, and plans to do more to improve his property. He stated that he has had to pay for curb, gutter and street improvements which were done shortly after he moved in. Mr. Crosby stated that he felt that 11 this is something they are trying to cram down our throats", and he did not feel this is right. Mr. Smith asked whether, historically, the City did not deny Building Permits to build on the back of these properties? Mrs. Romans stated that the Permits have been denied if the access to the rear of the properties would be across a privately owned parcel when the lot was split. Mr. Smith asked if those requests which have been denied were any different from the proposed Development Plan? Mrs. Romans stated that there is a difference, and reiterated that neither access nor utilities to one lot could cut across another building site. Mr. Smith questioned that access to the parking areas for Lot 1 and Lot 2 would be from the roadway deeded to Lot 3 as shown on Plan #2. Mr. Wanush stated that an easement would have to be given to provide access to the parking areas; he stated that this is one of the reasons the staff did not recommend adoption of Plan #2. Discussion ensued. The matter of access for emergency vehicles was further con- sidered . Mr . Smith questioned that fire trucks could maneuver the 14-foot roadway and turn into the 25-foot roadway. Mr. Wanush emphasized that each of the four duplexes do face onto dedicated right-of-way. The fifth duplex does not, but the private drive would serve that unit. Mr. Wanush stated that the various applicants have attempted to meet all the requirements of the various city departments, and that Plan #2 is the result. Mr. Wanush stated that he did not believe Plan #2 was a sound plan. Mr. Smith pointed out that two of the units will be fronting on a street that may never go through, referring to the two units fronting on West Caspian Place. Mr. Wanush stated that he felt the City must plan based on the belief that the street will go through. If the street is not fully dedicated, then building permits would have to be denied for the back part of those lots unless a viable Development Plan is proposed. Mr. Wanush stated that he felt someday the rear portion of the parcels would be sold off, and unless the right-of-way is dedicated the parcels would be land-locked. He stated that the staff has been working with the residents and property owners of the area to open the area up for development. -15- Mr. Crosby stated that he was told that if he wanted to add to the back of his house, he would have to dedicate the right- of-way first before the Planning Commission would "give him an OK." Mr. Wanush asked if Mr. Crosby recalled the depart- ment he was talking to. Mr. Crosby stated that he could not recall for sure, but thinks he was told he was talking to the "Planning Department." Mrs. Pierson asked if there were any other comments to be made by those in opposition to the Planned Development. Mr. Payson asked for clarification on Mrs. Romans' statement regarding meetings in the neighborhood. Mrs. Romans· stated that there have been block meetings, and there was also a general neighborhood meeting. Mr. Payson stated that they were not contacted regarding any such meetings. Mr. Payson asked if West Caspian Place were to be fully dedicated, would it be placed in a Paving District? Mr. Wanush stated that if the full right-of-way were to be dedicated he felt it would be reasonable to assume that West Caspian Place would be placed in a paving district. Mr. Skutvik asked who would be charged for the installation of water and sewer lines in West Caspian Place? Mr. Wanush stated that the City would stand the front end cost of the installation; but that as property owners tapped onto the lines, they would be charged for their share of the installation costs. Ms. Shirley Zezolka 2120 West Adriatic -Asked about police protection and patrolling of the fifth duplex, the unit proposed on Lot 3? Mrs. G. Burnett 2130 West Iliff Avenue -stated that Dr. Oliver has indicated that he has gotten the acre across the street on the north side of West Iliff Avenue, and wants to do the same thing on that site that he has proposed on the property under consideration. She noted that this would be a total of 20 units in this immediate area. Ms. Denise Farrell 2111 West Iliff Avenue -stated that the neighborhood is now quiet and comfortable; with all the duplexes going in this is changing, and she will not feel "comfortable" in her own home. Mrs. Pierson declared a recess of the Commission. The meeting reconvened at 9:15 P. M. with the following membership: PRESENT: Pierson, Smith, Tanguma, Williams, Becker, Carson, Draper ABSENT: Barbre, McBrayer -16- Mrs. Pierson J sked if the applican t would like to make a rebuttal? Mr. Adams stated that he and Dr . Oliver have worked in good faith on this project from the sta r t. He stated that they have not tried to mislead anyone, and questioned that they have said the things that have been attributed to them by the opponents. He stated that the figures cited on the duplex they propose to build for Mrs. Romero are not complete and are not accurate. He acknowledged that he and his partner, Dr. Oliver, do have an agreement with Mrs. Romero; if she would dedicate right-of- way for street purposes, they will construct a duplex at cost plus 10%, but not to exceed a given figure which Mr. Adams declined to quote. He stated that as far as he is aware, Mrs. Romero is satisfied with their agreement. Mr . Adams stated that Dr . Oliver has handled the acquisition of the land in the northwest Englewood area, but has not misled anyone. Mr. Adams stated that they have not completed plans for the development of other sites they are involved in; they are, in fact, considering single-family development in some areas, but this is a tentative consideration . Mr . Adams stated that he felt most of the comments made by the opponents were addressed to the issue of zoning, but not necessarily to this particular proposal. Mr.· Adams stated that there are only two significant differences between Plan #1, the original Plan, and Plan #2 . which is now before the Commission: the width of the driveway and the parking area. Mr. Adams stated that if the Commission would agree, he would suggest approval of Plan #2 with two amend- ments, that being that the private roadway be a minimum of 16 feet in width, and the off-street parking areas be a minimum of 30 feet in width. He felt that this would take care of the concerns voiced by the staff at this meeting. Discussion ensued. Mr . Wanush pointed out that the Commission may approve Plan #2, bring Plan #1 back and continue the hearing, bring Plan #1 back as a new submission, or turn the Planned Development down and encourage the developer to build only the four units. Mrs. Pierson asked if there were any further comments? Ms. Skutvik stated that Mr. Adams stated that most of the comments from the opponents were concerned with zoning ; she pointed out that the applicants are asking for something that is out of the ordinary and is not permitted under the existing zoning regulations, that being the fifth unit. She stated that some of their comments did, in fact, concern the existing zoning and the concerns of the residents about putting so many units in this small space. Carson moved: Tanguma seconded: The Public Hearing be closed. -17- AYES: Smith, Tanguma, Williams, Becker, Carson, Draper, Pierson NAYS: None ABSENT: Barbre, McBrayer The motion carriedo Mro Tanguma stated that the proposed fifth unit presents a problem to himo He stated that when the Commission talked to the people in the neighborhood a year or so ago, the concern was to keep the elementary school open. He stated that he felt discussion was centered on one duplex per lot, and that an approximate impact on the population based on the premise of one duplex per lot was given. Mro Tanguma stated that he felt eventually the area will develop with a combination of single-family and two-family (duplexes) residential uses, and that the right-of-way for the streets will also be dedicated. Mr. Tanguma stated that he had no objection to the four duplexes proposed by Centurian Partnership, but that he does feel the fifth duplex will impact the neighborhood. Williams moved: Smith seconded: The Planning Commission accept and approve Plan #2 of the Centurian Partnership Planned Development and refer said Planned Development to City Council. Mr. Smith stated that he would have to vote against the motion. He does not like the idea of Lots 4 and 5 being built on with- out a full dedication on West Caspian Place. Mr. Smith quoted the Staff Report, which states that the "City's goal has been to upgrade the northwest Englewood residential area and to attract young couples with childreno" Mr. Smith stated that he did not feel this particular Planned Development meets that goalo When the area was zoned for medium-density residential, the consideration was for 6,000 sq. ft. lot area per duplexo Mr. Smith stated that he feels this Plan, as submitted, should be denied. Mro Carson stated that he, also, would have to vote in opposition to the motion for many of the reasons outlined by Mro Tanguma and by Mr. Smith. Mrs. Pierson stated that the purpose of a Planned Development is to permit and to encourage diversification in developments within the Cityo Mrs. Pierson stated that she does not feel there has been anything presented in this Planned Development that would compensate for the "over-use" of the lando" If the proposal was a "really imaginative design" she felt there might be something to "trade off". She stated that she had not heard anyone say that this proposal before the Commission is a good design, only that it would be possible to build the structures at a slightly lower cost. She suggested that if the residents of the area really don't want any more duplex development in their neighborhood that they investigate the possibility of changing the zoning. Mrs. Pierson stated that she too felt the entire area would be impacted by the fifth unit, and would vote against the motion. -18- The vote was called: AYES: Williams NAYS: Pierson, Smith, Tanguma, Becker, Carson, Draper ABSENT: McBrayer, Barbre The motion failed. Mrs. Becker asked if there is a precedent to down-zone property and do these property owners have the right to pursue this option? Mr. Wanush stated that down-zoning becomes a matter of "taking away someone's right of use of the property." He stated that it can be done, but that it becomes more complicated because of this "taking away of rights." He stated that if this is the procedure the Commission and property owners want to follow, the Commission could initiate the rezoning, or the property owners could apply for rezoning. There would be a fee charged if the request is from the property owners. Mrs. Romans stated that possibly an increase in requirements could be investigated, also; an increase of lot area, floor area or some similar requirements. Mr. Smith asked if this would not affect all areas zoned R-2-C? Mrs. Romans pointed out that there are very few areas of the City that have the R-2-C Zone classification, and that the northwest Englewood area is one of the few areas that is available for development. Mr.Wanush pointed out for the benefit of the audience that before City Council could consider this Planned Development, the property would have to be posted again . Mrs. Pierson announced that this concluded the discussion on the Centurian Partnership Planned Development, and added that members of the audience were welcome to remain for the rest of the meeting if they chose to do so . Mrs. Pierson also announced that at the beginning of each year, City Council appoints new members to all of the boards and commissions. She suggested that if any member of the audience was interested in serving on one of the boards or commissions, they should write a letter to the City Manager's Office. * * * * * * * * * * * * * SECRETARY'S NOTE: A letter from Mr. Joseph L. Adams, Jr. of Centurian Partnership, was received in the office of Community Development on February 8, 1980, which letter formally requests that the application for a Planned Development be withdrawn. This matter will not, therefore, be referred to City Council. * * * * * * * * * * * * * -19- V. PUBLIC FORUM. Mrs. Pierson asked if there was anyone who wished to address the Commission? There was no response. VI. COUNTRY CLUB JOINT VENTURE CASE #21-78 Mr. Wanush stated that he did talk with Mr. Regan of RPR Brothers, developers of the site. They are still attempting to work out the financing for the development, but do hope to begin construction in the spring. Mr. Wanush stated that the applicants did obtain a variance from the Board of Adjustment and Appeals on the high-rises and fire protection requirements; this variance is good for six months unless construction has started, and the variance would expire next month unless Building Permits are issued. VII. DIRECTOR'S CHOICE. Mr. Wanush gave each member of the Commission information on the annual APA Conference which will be held in San Francisco this year from April 12th thru April 16th. He stated that there are funds budgeted for one Commission member to attend. Mrs. Pierson inquired of the members who would be interested in attending? Mrs. Becker and Mr. Tanguma both indicated an interest in attending, as did Mrs. Pierson. Discussion ensued. It was determined that Mrs. Becker would represent the Planning Commission at the 1980 APA Conference. Mr. Wanush stated that the City Charter requires the Planning Commission to send a priority list for Capital Improvement Projects for the forthcoming five-year period to the City Manager each year. Mr. Wanush stated that with several new Planning Commission members and a new City Council, he felt that it would be appropriate to do an in-depth review of the Capital Improvement Program this year. Mr. Wanush stated that the various Departments of the City have been asked to submit a list of what they feel are projects of major concern to the individual department and to the City. These projects will be considered in terms of meeting the goals for the City out- lined in the Comprehensive Plan. Mr. Wanush stated that he anticipated there would be staff work on the CIP until April, and hopes to get the projects to the Planning Commission for their consideration in May. The staff would recommend that the Commission hold one or two public hearings on the CIP to give the public an opportunity to comment on the Planning Com- mission proposals. It is hoped that the CIP recommendations may be submitted to the City Council in June. Mr. Draper asked about the light rail proposed by RTD; would this be included in our planning? Mr. Wanush stated that he -20- did not think there was an official City position on the pro- posed light railo Mr. Wanush stated that the City does support the Santa Fe corridor improvement and widening, and if the light rail system would be included in these improvements, he would assume that the City would support it. Discussion en- sued. VIII. COMMISSION'S CHOICE O Mro Tanguma stated that he would personally like to congratulate the new members appointed to the Commission, and would hope they could attend the meetings as soon as possible. Mrs. Pierson suggested that it would be appropriate to send letters of appreciation to former members Marten Lathrop and Joseph Bilo thanking them for their service on the Planning Commission. Mrs. Pierson stated that the next regular meeting of the City Planning and Zoning Commission is February 20th at 7:00 P.M. The meeting adjourned at 10:00 P.M.