HomeMy WebLinkAbout2004-06-22 PZC MINUTESt
• CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
June 22, 2004
I. CALL TO ORDER
The regular meeting of the City Planning and Zoning Commission was called to order in the City
Council Chambers by Chair Krieger.
Members Present:
Members Absent:
Staff Present:
Adams , Bleile, Diekmeier, Mosteller, Mueller, Roth, Welker, Krieger
Schum entered the meeting approximately 7 :20 p.m.
None
Robert Simpson , Director of Community Development
Tri c ia Langon, Senior Planner
Nancy R e id, Assistant City Attorney
Ken Ross , Director of Public Works
Ladd Vostry , Traffic Engineer
Chair Krieger declared a quorum present.
• II. APPROVAL OF TELEPHONE POLL
a. Minutes of May 18 , 2004
•
Chair Krieger asked for a vote ratifying the Telephone Poll approving the Minutes of May 18 ,
2004.
AYES:
NAYS :
ABSTAIN:
ABSENT:
Bleile, Diekmeier, Mueller, Roth , Welker, Adams , Krieger
None
Mosteller
Schum
Motion carried .
b. Findings of Fact for South Broadway Plan -Case #CP 2003-02
Chair Krieger asked for a vote rat ifying the Telephone Poll approving the Findings of Fact for
South Broadway Plan, Case #CP 2003-02.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Mueller, Roth, Welker, Adams , Bleile, Diekmeier, Krieger
None
Mosteller
Schum
Motion carried.
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III. DENVER SEMINARY PLANNED UNIT DEVELOPMENT
Case #2004-05
Chair Krieger announced that this agenda item is a Public Hearing regarding a proposed Planned
Unit Development for the Denver Seminary site at South University Boulevard and U.S. 285.
Mr. Adams announced that he is employed by the Colorado Department of Transportation. Mr.
Adams stated the area in which he works is not connected with review of this application. Mr.
Adams did not withdraw from participation in the Hearing.
Mueller moved:
Bleile seconded: The Public Hearing on Case #2004-05 be opened.
AYES :
NAYS :
Diekmeier, Mosteller, Mueller, Roth, Welker, Adams, Bleile, Krieger
None
ABSTAIN: None
ABSENT: Schum
The motion carried.
Ms. Krieger set forth parameters of the hearing, asking that all in attendance be attentive and
courteous to speakers , to refrain from interruptions and rudeness when others are speaking. She
asked that all members of the audience wishing to speak come to the podium to be sworn in, to
state their name and address, and to spell their last name for the benefit of the Court Reporter and
for the Commission. Speakers will be limited to 5 minutes to address the Commission. Ms .
Krieger asked that staff present the case .
Ms. Tricia Langon was sworn in, and presented the staff case.
Mr. Schum entered the meeting, and assumed his chair with members of the Commission.
Other speakers who were sworn in and addressed the Commission were:
• John Forstmann
• David Owen Tryba
• John Welles
• Jesse McDowell
• Thomas Sanders
• Kathy Norling
• James F. Norling
• C . F. Morgan
• Sue Conaway
• Chuck Haskins
• Ken Ross
• Sandy Kettelhut
• Dave Sprecace
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• Holly Bryan
• David Sutherland
• Virginia Hecht
• Carson Miles
• Katty Staller
• Matt Perkins
A complete transcript of the testimony and proceedings is appended hereto and i s hereby made a
part of the Minutes of the June 22, 2004 Planning Commission meeting.
Ms. Krieger noted the hour, and asked the pleasure of the Commission -did they wish to con -
tinue to take testimony at this time , or did they want to continue the proceedings to a date certain.
It was the consensus of the Commission that the Public Hearing should be continued to June 29 ,
2004 , at the hour of 7:00 p.m. in the City Council Chambers of the Englewood Civic Center. It
was the further determination of the Commission that the traffic study and the "shadow study"
shall be made available for review on June 29 1h .
Bleile moved :
Schum seconded: The Public Hearing on Case #2004-05 sh all be continued to June 29 , 2004 ,
at the hour of 7:00 p.m., in the Englewood City Council Chambers . In-
formation requested of the applicant for consideration at that time include
the Traffic Study and the "Shadow Study".
AYES :
NAYS:
ABSTAIN:
ABSENT:
Mosteller, Mueller, Roth , Schum, Welker, Adams , Bleile , Diekmeier, Krieger
None
None
None
The motion carried.
IV. PUBLIC FORUM
No one addressed the Commission.
V. DIRECT OR 'S CH OICE
Ms. Langon stated that an issue regarding fencing regulations will be brought forward at the re-
quest of the City Council.
Mr. Simpson stated he had nothing to bring before the Commission.
VI. ATTORNEY'S CH OICE
• Ms. Reid stated she had nothing to bring before the Commission.
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• VII. COMMISSIONER'S CHOICE
No member of the Commission brought any issues up for discussion.
The meeting adjourned.
Gertrude G. Welty, Recording Seer
•
•
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Transcript
of
Proceedings
City of Englewood
Planning and Zoning Commission
June 22, 2004
Reported by:
Lisa Deleo
Professional Shorthand Reporter
Transcript provided by:
~&s~ . .ue
3131 S.d1'~ ~. S11tte 224. ~. ~ 10014
720-449-0329 • :;.,a 720-449-0334
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-:~KTIFIED COPY
CITY OF ENGLEWOOD
COMMUNITY DEVELOPMENT
TRANSCRIPT OF PROCEEDINGS -VOLUME I
June 22, 2004
Proceedings had on Tuesday, June 22, 2004, at
1000 Englewood Parkway, Englewood, Colorado, commencing at
the hour of 7:10 p.m., before the following Board:
For the City of
Englewood:
For the Applicant:
Kent Diekmeier
Dennis Schum
Stefanie Mosteller
Carl Welker
Cindy Krieger, Chairperson
Pat Mueller
Brian Bleile
Mike Adams
Don Roth
A P P E A R A N C E S
Tricia Langon, Senior Planner
Nancy Reid, Assistant City Attorney
Robert Simpson, Director of Community
Development
John Forstmann, President
JVF, LLC
David Tryba, Architect
David Owen Tryba Architects
John Wells, Executive Vice President
JVF, LLC
Jeff Ream, Traffic Operations Engineer
Felsberg Holt & Ullevig
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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I N D E X
Introduction by Tricia Langon
Presentation by John Forstmann
Presentation by David Tryba
Presentation by John Wells
Public Speaking
E X H I B I T S
Aerial Photograph of the Proposed Project
Javernick & Stenstrom, LLC
Page Number
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Initial Reference
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3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-93 34
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• 1 P R 0 C E E D I N G S
2 CHAIRPERSON: Will everyone please make
3 sure your cell phones and pagers are turned off.
4 Would you please take roll.
5 MS. WELTY: Mr. Adams?
6 MR. ADAMS: Here.
7 MS. WELTY: Mr. Bleile?
8 MR. BLEILE: Here.
9 MS. WELTY: Mr. Diekmeier?
10 MR. DIEKMEIER: Here.
11 MS. WELTY: Ms. Mosteller?
12 MS. MOSTELLER: Here.
• 13 MS. WELTY: Ms. Mueller?
14 MS. MUELLER: Here.
15 MS. WELTY: Mr. Roth?
16 MR. ROTH: Here.
17 MS. WELTY: Mr. Schum? He's absent with
18 previous notice.
19 MS. WELTY: Mr. Welker?
20 MR. WELKER: Here.
21 MS. WELTY: Ms. Krieger?
22 CHAIRPERSON: Here.
23 MS. WELTY: We have eight present and one
24 absent .
• 25 CHAIRPERSON: Okay. There's eight
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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present, so there's a forum. The first item on the
2 agenda is the telephone pole from the 2004 minutes.
3 Would you please call roll?
4 MS. WELTY: Mr. Bleile?
5 MR. BLEILE: Yes.
6 MS. WELTY: Mr. Diekmeier?
7 MR. DIEKMEIER: Yes.
8 MS. WELTY: Ms. Mosteller?
9 MS. MOSTELLER: Abstain.
10 MS. WELTY: Ms. Mueller?
11 MS. MUELLER: Yes.
12 MS. WELTY: Mr. Roth? .13 MR . ROTH: Yes.
14 MS. WELTY: Mr. Schum is absent. Mr.
15 Welker?
16 MR. WELKER: Yes.
17 MS. WELTY: Mr. Adams?
18 MR. ADAMS: Yes.
19 MS. WELTY: Ms. Krieger?
20 CHAIRPERSON: Yes.
21 MS. WELTY: We have seven in favor, one
22 abstention, and one absent.
23 CHAIRPERSON: And now for the telephone
24 poll on finding the facts of Case ET200302 Broadway
Plan. Call role.
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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MS. WELTY: Ms. Mueller?
MS. MUELLER: Yes.
3 MS. WELTY: Mr. Roth?
4 MR. ROTH: Yes.
5 MS. WELTY: Mr. Schum is absent. Mr.
6 Welker?
7 MR. WELKER: Yes.
8 MS. WELTY: Mr. Adams?
9 MR. ADAMS: Yes.
10 MS. WELTY: Mr. Bleile?
11 MR. BLEILE: Yes.
12 MS. WELTY: Mr. Diekmeier? .13 MR. DIEKMEIER: Yes.
14 MS. WELTY: Ms. Mosteller?
15 MS. MOSTELLER: Abstain.
16 MS. WELTY: Ms. Krieger?
17 CHAIRPERSON: Yes.
18 MS. WELTY: Seven in favor, one
19 abstention, one absent.
20 CHAIRPERSON: The next item on the agenda
21 is the public hearing for Case 2405, Denver Seminary
22 Plan Unit Development. Will someone entertain the
23 motion to open the public hearing?
24 MR. BLEILE: Motion to open the public
hearing.
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 MS. MUELLER: I'll second.
2 CHAIRPERSON: Would you call the roll?
3 MS. WELTY: Mr. Diekmeier?
4 MR. DIEKMEIER: Yes.
5 MS. WELTY: Ms. Mosteller?
6 MS. MOSTELLER: Yes.
7 MS. WELTY: Ms. Mueller?
8 MS. MUELLER: Yes.
9 MS. WELTY: Mr. Roth.
10 MR. ROTH: Yes.
11 MS. WELTY: Mr. Schum is absent. Mr.
12 Welker? .13 MR. WELKER: Yes.
14 MS. WELTY: Mr. Adams?
15 MS. WELTY: Yes.
16 MS. WELTY: Mr. Bleile?
17 MR. BLEILE: Yes.
18 MS. WELTY: Ms. Krieger.
19 CHAIRPERSON: Yes.
20 MS. WELTY: Eight in favor, one absent.
21 MR. ADAMS: Madam Chairman? I feel I
22 have to announce that I work at CDOT, for the public
23 record, and that I work in an area that has no
24 affiliation with the development that's going on
• 25 here. So, that's it.
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 CHAIRPERSON: Staff, would you make a
2 presentation, please?
3 MS. LANGON: Were you going to say
4 anything first?
5 CHAIRPERSON: Yes, I was. The purpose of
6 this meeting is to take public testimony, and the
7 planning commission doesn't actually rule on this.
8 Our job is to make a recommendation to the city
9 council who will be the ultimate people who will
10 make the final decision on whether this development
11 will go through or not.
12 It's not an open forum or discussion. We're
• 13 not here to answer your questions; we're only here to take
14 your testimony. We can take your comments into account
15 and we will ask the questions if we feel they're
16 applicable, but we're not here to enter into a discussion
17 with you. We are here to listen to what you have to say.
18 We don't have our minds made up yet. We're here to be
19 open and listen to what is said.
20 The speakers will be heard in the order that
21 they are signed in. So, if you came in first, you'll get
22 to speak, if not, you may not get to speak tonight. If we
23 need to we'll have additional meetings for our procurers.
24 The speaker's time limit will be five minutes per speaker
• 25 if that's okay with the rest of the commission. Any
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224 , Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 objection?
2 MR. WELKER: Are we going to have a
3 timekeeper for that?
4 CHAIRPERSON: Yes, we are. We obviously
5 have a lot of you signed up, so testimony will only
6 be taken for the person at the podium. Please be
7 respectful and don't shout out comments or be rude.
8 Speak into the microphone; state your name;
9 spell your last name so that the court reporter can get
10 it; and, most importantly, as I said before, please
11 respect each other, and listen to what each other has to
12 say. Now, would you swear in the witness?
• 13 MS. WELTY: Raise your right hand,
14 please.
15 TRICIA LANGON,
16 the witness herein, having been first duly sworn, testified
17 on her oath as follows:
18 MS. LANGON: Good evening, I'm Tricia
19 Langon, senior planner for the City of Englewood
20 Community Development Department. For your
21 consideration this evening, is a public hearing for
22 Case Number 2004-05, for Denver Seminary Plans Unit
23 Development. The applicant is JVF, LLC, Job Force
24 and Management, with the request to rezone the 11.4
• 25 acre Denver Seminary site at the northwest corner of
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 South University Boulevard and US Highway 285,
2 commonly known as Hampden Avenue, from MUR3B mixed
3 use residential/limited office retail district to
4 plans unit development; and this rezoning is
5 requested to allow 350 for-sale residential units
6 and 65,000 square feet of office retail space.
7 I have submitted for the record, first, the
8 notice of posting that four signs were posted on the
9 property since June 7th --actually, they were posted on
10 June 4th, but the required date was by June 7th --and
11 that was done; and, also, I have submitted proof of
12 publication that the public hearing notice was in the • 13 Englewood Herald on June 4, 2004. Also, I have submitted
14 to the commission three additional public comment letters
15 that were received yesterday. They are in addition to the
16 letters that were in your packet.
17 Community Development Department is
18 recommending full approval of the Plans Unit Development
19 with the following conditions: first, dedication of the
20 South University Boulevard, dedication of that continuous
21 right lane will be made by a separate subdivision, major
22 subdivision; second, the construction of the public
23 improvements as proposed to be completed; and then, prior
24 to city council public hearings, that the applicant
• 25 provide an updated traffic study containing all changes
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224 , Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 and modifications.
2 This is not a revision to the traffic study.
3 This is an update to incorporate modifications and
4 addendum pages into one single document. The fourth
5 condition is that prior to any development restrictions
6 and covenant --or, prior to the recording of any
7 development restrictions and covenant documents that the
8 city shall have the opportunity to review those documents
9 to assure that the documents are consistent with the Plans
10 Unit Development.
11 Fifth, that the applicant shall provide two
12 recorded copies of all development restrictions and
• 13 covenant documents to the city; and sixth, that
14 clarifications to notes 4 and 7 on the PUD, sheet 4,
15 regarding enclosure of private balconies and terraces be
16 defined --that we define the word enclosure; and that is
17 in conjunction with discussions with neighbors.
18 The purpose of the public hearing, as the chair
19 said, is to consider the PUD applications based on the
20 staff support and public testimony; and then make findings
21 on the district plan and the site plan on the criteria
22 that are in your staff report that will begin on page 15;
23 and then make a recommendation to city council.
24 The Plan Unit Development is a rezoning
• 25 process. It establishes specific zoning and site planning
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224 , Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 criteria for a specific development proposal that may or
2 may not be accommodated within the existing zone
3 regulations.
4 Two parts make up the PUD. The first part is
5 the district plan. Those are the regulations that govern
6 the uses in the new zoned district, those are the zoning
7 regulations, themselves. And, then, the site plan, the
8 general sites and development details of the proposal,
9 such as, where structures are: parking, landscaping,
10 fences, those issues. Rezoning request is by a private
11 developer on private property, the city is the reviewing
12 agency; therefore, staff, that would be myself at this
• 13 point, will provide background and overview and discuss
14 procedural issues. The applicant will present a
15 presentation on the details of the proposal.
16 Let me do a little bit of background for you.
17 The Denver Seminary first contacted the city approximately
18 two years ago to discuss ways that they might be able to
19 remain on-site and they determined from those discussions
20 because of their need to expand that the site does not
21 meet their needs. The applicant approach, done in fall of
22 2003 after meeting with the seminary and then in January
23 of this year, on January 13th, a preapplication meeting
24 was conducted.
• 25 Application, a formal application was submitted
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 on February 20th, 2004. They went through a period of
2 review, both internal and external reviews during April
3 and May; and a final document was submitted in June. I
4 want to go over a few things on the site just to help
5 identify where we are so that we know where we are and
6 what we're talking about this evening well, what the
7 developer will be talking about, rather.
8 This area here is the Denver seminary site,
9 itself. Englewood is to the north and to the west. To
10 the south, south of Hampden Avenue is Cherry Hills
11 Village. To the east, across University Boulevard, this
12 area here is unincorporated Arapahoe County.
• 13 The major intersection that we'll be discussing
14 is the Hampden/University intersection. There will be
15 talk about a new intersection, which would be the main
16 entrance area to the proposed development; and then, just
17 briefly, there will be people speaking about the
18 development; and they are from various neighborhoods just
19 to help orient you to where those neighborhoods are.
20 Cherry Hills Vista is actually in Denver, and
21 it's not on this map, and it's north of Dartmouth Avenue.
22 This area here is Kent Village. The Waterford Tower here.
23 Hampden Hills; Blocks 8, 9, and 10, this area just
24 directly north of the site; again, unincorporated Arapahoe
• 25 County, that's Cherry Hills Heights neighborhood; and the
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 Buell area would be southeast of the seminary site; and
2 Cherry Hills Village, again, is directly south. So,
3 that's just to help orient.
4 Within your staff report is an application
5 authorization from the Denver Seminary to proceed with
6 this rezoning application. Our review of the major issues
7 and written agency comments and written public comments;
8 those have all been included in your packet. The Denver
9 Seminary is moving; that's a fact. This area we consider
10 an area of change. Any change or any development, whether
11 it's this site or any other site in the city has
12 trade-offs; it has positives, and it has negatives. • 13 That's the purpose of this hearing this evening, to
14 consider those issues.
15 The Community Development Department considers
16 the project --has considered the project and supports the
17 project, based on mitigation and traffic improvements to
18 the intersection: a lower density than what is permitted
19 by right on the property, the housing options and housing
20 choices that are being proposed. That the housing options
21 are for-sale units, that the structures on the perimeter
22 of the site are transitional buildings that rise from the
23 low single family to the multistory high-rise buildings in
24 the center of the site. We've considered the positive
• 25 economic benefit. Any project --any development on this
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224 , Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 site would be a positive economic development to the city
2 since the Seminary is a nonprofit organization and a tax
3 exempt organization; therefore, the bookstore profits,
4 those are the only things that we can tax. We've also
5 considered the quality of the development that parking is
6 underground rather than surface parking; and the fact that
7 this development will be a focal point to the city entry.
8 Again, I can address procedural questions for
9 you at this time or whenever you like; otherwise, no more
10 comments that I have at this time.
11 CHAIRPERSON: Okay. Thank you.
12 MS. LANGON: I believe John Forstmann
• 13 will be the first to speak.
14 MR. FORSTMANN: Good evening, ladies and
15 gentlemen.
16 MS. WELTY: Wait please, sir. Raise your
17 right hand, please, sir.
18 JOHN FORSTMANN,
19 the witness herein, having been first duly sworn, testified
20 on his oath as follows:
21 MS. WELTY: Would you please state your
22 name, your address, and any affiliation you may have
23 for a business or homeowners association for the
24 record. Thank you.
• 25 MR. FORSTMANN: John Forstmann, I live at
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 292 Holden Road, Avon, Colorado. I've been spending
2 half my time down in Denver. I am both the manager
3 and president of JVF, LLC, the developer with this
4 project.
5 What I've done is --I'm just going to briefly
6 explain to you more of the macro-aspects of what we're
7 doing and both David Tryba and our executive vice
8 president, John Wells, will get into more of the
9 particulars.
10 Our team has been waiting many months to come
11 before you to share with you our plans that bring to
12 reality our dreams for this key site, the development
• 13 implementing the highest quality of design and materials.
14 To effectuate this reality, we've put together the
15 following team: The firm of David Owen Tryba Architects
16 for the overall Architectural plan; and the firm of Bygano
17 and Associates for the interior design of the retail food
18 component of which you will see in the Power Point
19 presentation.
20 As you may be aware, David has done a lot of
21 work in Englewood and for Englewood; but their firm last
22 year was named the architect of the year for Colorado by
23 the AIA, and last week, David was installed as a fellow
24 with the AIA, which is a rare privilege, major achievement
• 25 for any architect. I think there's less than two percent
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 of architects in their lifetime that are ever installed in
2 that position.
3 Larry Bogdanow is a national renowned architect
4 specializing in all facets of retail food operations. We
5 are presently reviewing resumes from twenty interior
6 designs of the club that we're going to build, which is in
7 the range of 25,000 square feet for the residents. I hope
8 you can see that the consultants that we have hired
9 from what we've hired --our intention is to be included
10 in the landscape of national providence.
11 The residents will enjoy the finest amenities
12 contained within this state-of-the-art project. The • 13 world-class retail establishment will be renowned for its
14 world cuisine to be enjoyed by the residents and, indeed,
15 the entire community.
16 We have shared our plans with our neighbors,
17 numerous individuals, and homeowner associations, and are
18 very gratified to report this evening that many are
19 supporting our efforts after extensive discussions, and,
20 as I'm sure you can appreciate, negotiations.
21 Unfortunately, we are not able to satisfy the concerns of
22 some, but it has not been for lack of trying.
23 We satisfactorily concluded negotiations with
24 Ron Pickens, president of the Architectural Control • 25 Committee for Hampden Hills, our neighbor to the north,
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 and Clarold Morgan, president of Kent Village Homeowners
2 Association, our neighbor to the west. Last Thursday
3 evening, we had discussions and negotiations with Cherry
4 Hills Heights Community to the east. We have had
5 discussions with Southern Hills and Cherry Hills Vista,
6 who have sent representatives.
7 In closing, it has always been our intent to
8 make the community better for us having been there. We
9 believe this undertaking of blending residential community
10 with world-class amenities and European retail ambiance
11 creates a place that will be an asset not only for the
12 residents, but also to the community as a whole. • 13 It is our intention to establish a new standard
14 of quality that will be of significant benefit to the city
15 of Englewood, the metropolitan area of Denver, and,
16 indeed, the state of Colorado. Thank you. Questions?
17 I'll answer; but, if not, I'll turn it over to David Tryba
18 for the power-point presentation.
19 MR. DIEKMEIER: No questions.
20 MS. WELTY: Please raise your right hand.
21 DAVID TRYBA,
22 the witness herein, having been first duly sworn, testified
23 on his oath as followed:
24 MS. WELTY: State your name, address, and
• 25 any affiliation you may have for the record, please.
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224 , Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
18
• 1 MR. TRYBA: My name is David Tryba;
2 T-R-Y-B-A. My business is located at 1620 Logan
3 Street, Denver, Colorado. I am the architectural
4 adviser to the master planner for this Plan Unit
5 Development.
6 Tricia gave us an introduction to the site; and
7 I think it's good to revisit it again and remind you that
8 we've spent a great deal of time looking at the
9 neighborhoods to the west, north, south, and east; and
10 have planned this development to blend in with the
11 neighborhood at the perimeter and to develop a larger
12 scale that works with the community; and that's why we
• 13 have included this aerial photograph all the way west; and
14 it's showing the intersection of Hampden and University.
15 I will go into detail and describe each and
16 every component of the project, but first, I wanted to
17 remind you of exactly what we are proposing on the site.
18 Primarily residential, 350 units. It's been mentioned
19 before that the use by right is 450 units. I know we
20 talked about the retail. We have --it's our
21 understanding that between 15 and 20,000 square feet is
22 use by right and we're proposing 30,000 square feet on two
23 floors, with a total of 60,000 square feet. In addition
24 to that, we have 5,000 square feet of office on the third
• 25 floor which will be used by the developers to put their
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• 1 headquarters for the Bell Fare food emporium on the third
2 floor.
3 There has been a great deal of discussion
4 amongst the neighbors and the staff about the appropriate
5 level of parking, and we wanted to honor the city
6 requirements and make sure that we exceeded those
7 requirements. So, in our documents and the PUD documents,
8 we are establishing a minimum of two spaces per unit; and
9 all of those spaces required under the PUD document that
10 we are submitting to you this evening will be underground.
11 There will additional parking spaces aboveground and we
12 will talk about that as we look each individual component. • 13 The project in this zone district required to
14 have 25 percent open space, and we are establishing a
15 minimum of 40 percent dedicated open space in this
16 proposal. To describe the individual components of the
17 residential, there are 45 perimeter units and seven
18 buildings that are townhomes that are located on the north
19 side of the property, on the east side of the property, on
20 the south side and to the west. These were designed to be
21 two-and three-story townhomes to relate to the one-and
22 two-story buildings to the north and to the west and to
23 the single-family homes to the east and to the south.
24 You can see that those townhomes as they relate • 25 to the --as we zoom in on the plan, that they wrap the
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• 1 perimeter. And as we look at the parking, again, two cars
2 per unit, we have 90 spaces in the private garages below
3 grade and an additional 53 visitor spaces below grade for
4 those townhomes. You see the parking is in purple around
5 the perimeter for those townhomes.
6 This is a project that John Forstmann
7 developed, The Kentlands; and if you are familiar with the
8 Urban Land Institute, the American Institute of
9 Architects, all have awarded this project highest honors;
10 and it's one of the projects that we looked at in terms of
11 the materials, the traditional approach to single-family
12 and multi-family living; and we looked at that for
• 13 inspiration as well as homes in Cherry Hills and some of
14 the institutional architecture at the University of
15 Denver. This really gives you an exact feeling of the
16 spaces between the buildings, the streetscape that are
17 described in the Plan Unit Development documents, the
18 commitment to landscaping.
19 We have made a commitment to meet all the
20 requirements plus 20 percent additional landscaping which
21 is also in our document. Materials are primarily brick
22 masonry throughout the entire project, and you get a
23 feeling of the human scale as it will relate to the street
24 and to the perimeter neighborhood.
• 25 MR. WELKER: Excuse me, before you go to
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• 1 the next slide. Is this representative of the
2 particular part of the site
3 MR. TRYBA: Yes, it is.
4 MR. WELKER: --looking at certain
5 buildings here?
6 MR. TRYBA: Yes, it is. This the
7 northwest corner of the site as the --there is an
8 internal drive of --Hampden Hills is to the right
9 and Kent Village is straight ahead, so right through
10 the break in the townhomes there, you would see Kent
11 Village to the west. And I can --when we get to
12 the next slide, I can show you exactly where it is. • 13 In addition to the townhomes, we will have 300
14 units and six buildings that are surrounding the village
15 green. The approximate size of 100 by 300 in the primary
16 space --to give you a sensibility of the scale, about 100
17 feet wide and 300 feet long with some additional spaces in
18 between the buildings. That rendering that I showed you
19 before was about right here walking on the sidewalk,
20 looking at these buildings right in here.
21 The Courtyard Condominiums will have 610 spaces
22 minimum, parking below-grade with an additional 25 visitor
23 parking spaces below-grade and 54 parking spaces on-grade
24 for visitors. The below-grade parking will be an • 25 underground garage located at the center of the project,
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• 1 and you see the core's elevator, the darker boxes in the
2 middle, that allow homeowners to go directly into their
3 units.
4 We looked at --John mentioned a variety of
5 styles and, sort of, historic architecture and mid-rise
6 buildings, again, it would be primarily brick. We looked
7 at many, many different architectural styles; and, in
8 fact, this is a project that we recently completed in the
9 Swallow Hill, an historic district in downtown Denver, and
10 this project was surrounded by Victorian townhomes --two-
11 and three-story townhomes --and this project goes from
12 four stories to seven stories in that historic
• 13 neighborhood. It worked very successfully through that
14 process with the neighbors and this project has been very
15 well received in the neighborhood.
16 This is a shot looking, again, towards the
17 northwest of the Village Green and the five-story building
18 to the left and from one of the condominium buildings to
19 the southeast, looking towards the northwest and gives you
20 a feeling of scale and the commitment to landscape.
21 I want you to look at this because John has
22 done several --John Forstmann has done several projects
23 that have had the chance to mature with this type of
24 development on top of structured parking, and these are
• 25 some photographs of the spring. This is all on top of
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• 1 structured parking, residential condominiums surrounding
2 this same kind of centered green. The tennis courts are
3 above parking, and you can see how amazingly well the
4 trees and the landscape are done on top of the structured
5 parking. We plan to have smaller scale spaces in the
6 middle, and we looked at different varieties of landscape
7 that we plan to incorporate to make a variety of spaces in
8 that center courtyard.
9 The final thing I want to briefly mention is
10 the retail component, which is really why we're here. The
11 rest of the project is 350 units from 450 is essentially a
12 downside, but to get the extra space in the retail is why
• 13 we decided to go with the Plan Unit Development. As I
14 mentioned, 60 thousand square feet of retail, 5,000 square
15 feet of supporting off ice which will be at the
16 intersection of South University and Hampden Avenue, right
17 in this location.
18 Tricia mentioned that there is a major full
19 signalized entrance from the east into the project and,
20 also, an entrance from the south that's the existing curb
21 cut into the Denver Seminary, full turn-around in the
22 center, and retail parking on the street in this location,
23 diagonal parking on both sides of the street for the
24 retail village. Parking is ample and a retailer's dream
• 25 to have seven spaces per thousand square feet and that's a
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• 1 minimum. We currently have 450 spaces below-grade and 57
2 spaces at-grade. They're also located in the red block on
3 the southeast corner of the property.
4 All of these garages are fully independent.
5 So, there won't be any residential parking in this retail
6 parking. You see that, in fact, there's a separation
7 between the two underground structures. Right in here we
8 have some utility conduits; and, so, this parking will be
9 ample parking for the residential and all their visitors,
10 and ample parking below-grade and on-grade for the retail
11 components.
12 These are just some photographs of some other
• 13 retail projects that John has developed, very
14 pedestrian-scale, again, a commitment to the streetscape
15 to kind of hide the parking. The real pedestrian
16 experience, the signage, the quality of materials, all the
17 way down to the slate roofs and copper gutters. Spaces
18 for people to gather outside the establishments and,
19 again, the sense of history that's brought into these new
20 developments.
21 So, we've looked at those projects that John
22 developed, and we're thinking about this as well as some
23 of the other architectural influences that I spoke about.
24 This is at that center intersection, which is a
• 25 roundabout; and, also, a valet drop-off for the
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• 1 restaurant --one of the restaurants, which will be
2 located here and another small informal cafe over here.
3 This is a two-story entrance to the Food Fare in the
4 center portion of the outside, boutiques for wine and
5 cheese that we'll talk about in more detail in just a
6 moment.
7 The second floor is primarily a catering
8 kitchen for a banquet hall here, and for all the prepared
9 foods down below. There will be a cooking school right up
10 in this area here. This will be the 5000 square feet up
11 in here for the offices for the developer. The tower is
12 an element that John has incorporated in almost every one
• 13 of his projects in the last 25 years, and it will house an
14 elevator from the parking garage directly to the
15 restaurant and to all three floors and to the street.
16 These are photographs from --John mentioned he
17 has hired Bill Wallace and Larry Bogdanow, they are food
18 architects. They specialize in food architecture and
19 design. These are pictures of projects that they have
20 completed and gives you an idea --they have books at the
21 Tattered Cover if you're interested in food --any of you
22 can go to the food section or the design section --write
23 down their names, because they will become familiar to all
24 of you as this project goes forward; and this is just the
• 25 very beginning of what we've been dreaming about .
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• 1 This is a wine store. These projects are
2 really directed to the scale of what we are proposing here
3 and the quality of materials and the lessons learned in
4 all of the projects that they've done throughout the last
5 20 years of their professional focus on food.
6 This is an example of the more formal, white
7 tablecloth restaurant, and we have the location and have
8 begun the design of this restaurant. It opens to the
9 west, and there is a courtyard off the retail building to
10 the west that's about twice the size of the inside of this
11 room. There is a specialty boutique store for table-top
12 furnishings and food-related accessories, and Bill Wallace
• 13 is known predominantly on the west coast for his specialty
14 table-top stores. He's a full-time employee of the Bell
15 Fare.
16 This is an example, in closing, of the
17 two-story entrance with the food entrance to the left and
18 the right, the cooking school upstairs, and a catering
19 kitchen to the right. That's a brief run-through of the
20 project; and I'd be happy to answer any questions; and
21 we'll talk a little bit more about some of the technical
22 aspects of the project. I'd like to introduce John Wells.
23 MS. WELTY: Raise your right hand,
24 please, sir.
• 25 JOHN WELLS,
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• 1 the witness herein, having been first duly sworn, testified
2 on his oath as follows:
3 MR. WELLS: I assume I'm supposed to
4 state my name, address, et cetera.
5 MS. WELTY: Yes, please. I'm sorry, sir.
6 I would appreciate it.
7 MR. JONES: I am John Wells. I live at
8 149 Scott Hill Road in Avon, Colorado; and I am a
9 member and the executive vice president of JVF, LLC,
10 who is the allocated developer of the project.
11 John Forstmann has been in this game 40 years,
12 I think; and, I think I've been in it about 35. John has
• 13 been in the development business on the east coast
14 primarily in Virginia and Maryland and the D.C. area. I
15 come at it from California, primarily in Orange County.
16 In those 75 years, we've dealt with a lot of different
17 planning groups with various jurisdictions around the
18 country, particularly on the east coast and the areas of
19 Virginia, Maryland, D.C. and, certainly, in California.
20 We encounter very well-staffed development
21 departments, who are highly sophisticated. I will have to
22 say, to compliment your staff, that they are equally as
23 talented as these staffs that we've encountered in other
24 jurisdictions; and I would like also to compliment them
• 25 for, at the same time, being courteous and respectful to
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• 1 us. That's not to say they were easy on us. Quite the
2 contrary, they made very discerning comments throughout
3 the process, had many suggestions that were very valuable
4 and over time we have incorporated in the plan we
5 presented to you.
6 We started this process with the preapplication
7 meeting that Tricia described and have had numerous
8 meetings with various members of your staff at various
9 times since. The result of those meetings, suggestions
10 made by the staff, suggestions made by the neighborhood
11 groups that we met have led us to revise our plan at least
12 three times and to come to the point where we have now
• 13 presented it to you; and we think it's a combination of
14 the efforts of a lot of people who had the interests of
15 the community in mind.
16 Over that period of time when we were
17 developing this plan, we had 15 meetings with various
18 neighborhood groups. There were many comments that came
19 out of those meetings, and we have tried to take into
20 consideration as many of the suggestions that we heard as
21 we possibly could.
22 One of the things that we found to be a concern
23 at the very outset with regard to any development on this
24 site was traffic. I think we all know that the Hampden
• 25 and University intersection is one of the busiest and most
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• 1 congested in the region. We sought to figure out a way
2 to --if we could --to make it better than it is today.
3 We think we have achieved that goal.
4 It took the efforts of our consultants and the
5 suggestions of a lot of people to develop various ideas,
6 but I'd like to try and describe to you what we have done.
7 Dean, why don't you put up the site plan that shows --
8 this is the existing --
9 MR. FOREMAN: Oh, I'm sorry.
10 MR. WELLS: Give me the existing
11 condition. The existing condition, as you can see
12 along University --my pointer is going south on
• 13 University. Right about where the dot is at the
14 moment, the curb cuts into the right, and it allows
15 a car to come in there and try to turn onto Hampden
16 by this icon.
17 The stacking point --the way Hampden is
18 designed right now --you can get, maybe, two cars in
19 there before you have to stop if there's any traffic
20 coming from the east or west on Hampden; there's just not
21 room. In addition to that --and this drawing doesn't
22 show it --there is --anybody that drives this area would
23 know there is one left-turn lane going from University
24 turning going south on University, turning east on
• 25 Hampden.
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• 1 I have observed --and more than once,
2 particularly last week, I was down at the seminary about
3 5:00 in the afternoon; and I noticed that at almost every
4 signal change, people trying to turn left to get into the
5 single left-turn lane and would spill back out of the
6 left-turn queue, blocking the traffic that was trying to
7 go clear through south across the intersection.
8 Similarly, I noticed and experienced that trying to turn
9 right onto Hampden with that limited amount of space to
10 turn in off University and the very short amount of space
11 turning onto Hampden, I had to wait to make a free-flow
12 turn; I just couldn't do it.
• 13 What we have done --Dean, do the other side.
14 This is our current site plan, and after taking a lot of
15 suggestions into account, we have decided to move our
16 project both to the west and to the north, to allow us to
17 do two important things. One, to allow us to have a
18 right-turn section that is from the new intersection we're
19 creating, all the way along to the right-turn lane,
20 instead of only a short distance as it is now, allowing
21 people to move in there sooner and not block through
22 traffic.
23 We have also made this right-turn section on
24 Hampden continuous all the way down to the other opening
• 25 to the project; hopefully, allowing traffic to truly
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• 1 free-flow and then melding with the traffic on Hampden
2 rather than having to stop right here, because there's too
3 much traffic. On the left-turn side, we have moved the
4 property over --or, the project over enough so that we
5 are now able to accommodate a second left-turn lane going
6 south on University, turning left onto Hampden.
7 There have been many comments about different
8 ways to measure the impact of the traffic and what these
9 solutions bring, but we think no matter how we measure it,
10 there will be almost no spillback out of these two
11 left-turn pockets; where as today, in the single left-turn
12 pocket, there is spillback at any busy time.
• 13 We think those two additions will substantially
14 improve traffic flow at this intersection, and we hope
15 that by combining that with well time to signal at our new
16 intersection, it will be a net benefit for everybody.
17 Anybody have any questions?
18 MR. BLEILE: What's the distance from the
19 Hampden/University intersection to your entrance?
20 MR. WELLS: Let me ask Dean.
21 (Mr. Wells conferred with Mr. Foreman.)
22 MR. WELLS: He's saying 550 feet. I
23 don't personally know the exact number.
24 MR. FOREMAN: Up to 600.
• 25 MR. BLEILE: Okay.
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• 1 MR. WELLS: It will show on the plan, I
2 just don't know what it is.
3 MR. BLEILE: Second question. Your
4 original preapplicant meetings, I assume, did not
5 have the dual turn lane. Is that something you
6 accommodated because of feedback?
7 MR. WELLS: Yes.
8 MR. SCHUM: How did everybody in the
9 neighborhood feel about that idea of getting that
10 second left-turn lane?
11 (Clapping from the audience.)
12 MR. WELLS: We have talked to a lot of
• 13 people. I thi nk that most people think it's a good
14 idea. They may d i sagree on the impact of it, but I
15 think they all agree it's a good idea. Our project
16 is donating the property to make it possible, and I
17 think that that helps out the process.
18 CHAIRPERSON: Start asking.
19 MR. DIEKMEIER: Well, I've got several
20 questions about it. I'd like to start with --to
21 get this project into context here. Some of them
22 deal with the building heights, and I don't know who
23 we should be --
24 MS. REID: You need to several people
• 25 have testified. Is there someone in particular you
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• 1 want to --
2 MR. WELKER: We are proposing to solve
3 that problem in a minute.
4 MS. REID: Okay.
5 MR. WELKER: In giving the question, you
6 can figure out who may want to address them. Okay?
7 Part of the first one will be dealing with building
8 heights, so whoever of you could answer that
9 question, I had be happy to ask that to them.
10 MR. TRYBA: I 1 d be happy to answer that.
11 MR. WELKER: Okay. Let 1 s talk about the
12 buildings that are along South University and
• 13 Hampden. Those are the retail and office buildings;
14 is that right?
15 MR. TRYBA: That 1 s correct.
16 MR. WELKER: The plans --or the site
17 plan addresses those as 57 feet tall or a maximum
18 of 57 feet tall. How does that relate to a
19 three-story building --which you say two feet
20 two stories are retail, the third is a partial story
21 of offices.
22 MR. TRYBA: Those are maximum enclosures,
23 those are not --it is not the design building
24 height. Those are spaces --volumetrics that we
• 25 agreed to live within. As we design buildings, we
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• 1 can't exceed any of those heights.
2 MR. WELKER: Is that taken to the maximum
3 ridge height?
4 MR. TRYBA: It is taken to the maximum
5 peak in the centerline of the ridge in the building.
6 Correct. That envelope.
7 MR. WELKER: Okay. What is the story's
8 height that you're talking about?
9 MR. TRYBA: Well --
10 MR. WELKER: On the retail levels.
11 MR. TRYBA: We have a 16-foot
12 floor-to-floor on the first level because retail,
• 13 you've got more people, you want to have a higher
14 ceiling height; for mechanical, we have probably
15 about --I would imagine about 14 feet of
16 floor-to-floor on the second floor; and probably
17 about 10 feet floor-to-floor on the third.
18 MR. WELKER: Okay. So, we've got very
19 tall roofs beyond that point from what you're
20 describing. So, we're really not talking about this
21 model representing originally at 57 feet --
22 MR. TRYBA: Actually, it's showing it a
23 little bit higher.
24 MR. WELKER: That's actually showing it
• 25 higher?
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• 1 MR. TRYBA: It's actually showing a
2 little bit higher on this model.
3 MR. WELKER: Okay. Let's follow that
4 same line of questioning into the center core here.
5 I can't count stories exactly, but the tallest of
6 these buildings is, on the plan, 179 feet more or
7 less; and is that, again, talking about the 12-foot
8 fourth floor, so we have about 15 stories of units?
9 MR. TRYBA: Actually, we were imagining,
10 I think, a maximum of 14 stories. And we --again,
11 this gives us plenty of room to work within, in
12 terms of our mechanical overruns and the elevator
• 13 overruns, and we know that, no matter what, we can
14 live within that height comfortably. These are
15 large envelopes and --it's also shown on the PUD as
16 a single envelope, but we know for sure it will be
17 probably two buildings instead of one large building
18 shown within the boundaries of what's allowable to
19 work within.
20 MR. WELKER: About how many units per
21 floor are we talking about that the tallest one is
22 going to be?
23 MR. TRYBA: We're talking about four
24 units per floor.
• 25 MR. BLEILE: Is that 4, O?
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• 1 MR. TRYBA: No, four. Four units per
2 floor.
3 MR. WELKER: So, taking that --I assume
4 that there is about two other high-rise buildings;
5 and that being, I think, C and B, something like
6 that, that are also four units per floor,
7 approximately.
8 MR. TRYBA: The middle tall buildings we
9 anticipate in the average of six --you know,
10 probably about six units per floor, five to six
11 units per floor; and then the next one down is also
12 four units per floor .
• 13 MR . WELKER: Okay.
14 MR. TRYBA: These --this model is --it
15 definitely represents something larger and
16 represents the full envelope, and we know that we'll
17 be --from the preliminary to the actual design that
18 we've looked at, we look like we'll be somewhat
19 smaller than that overall in designing.
20 MR. WELKER: Let me back up. I may have
21 the wrong building numbers. Building E is on the
22 east side of that core in the middle.
23 MR. TRYBA: That's correct.
24 MR. WELKER: And that's going to
• 25 represent about six or four units per floor?
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• 1 MR. TRYBA: Building E, that's correct.
2 MR. WELKER: That would be the same type
3 of --four or six?
4 MR. TRYBA: Six, five.
5 MR. WELKER: Okay.
6 MR. TRYBA: And C would be four.
7 MR. WELKER: Okay. On --we've got an
8 issue that I'd like to straighten out some time; I
9 don't know if now is the time to address it, but I
10 will.
11 We've got a site plan that talks about maximum
12 height from grade at 46 feet. In one case, you're calling
• 13 that a maximum height of the buildings. And we've got
14 plus or minus two feet --two --well, sites or the grades
15 of the property lines, more or less. I would like this to
16 be a little clearer than that.
17 At some point, I think I'd like to deal with
18 not distance from first floor to height of the buildings,
19 but actually from grade or property line or some kind of
20 an average, so that --you're proposing the total building
21 about 48 feet, I guess that's what I'd like it to say and
22 be clarified throughout, so that we're talking about the
23 distance from grade of property lines. This is the grade
24 that we can relate to from now to surveys to other things
• 25 where first-floor elevation could move up or down, that's
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• 1 something we can't control at this point.
2 So that's just a recommendation I have; because
3 when we deal with bulk plane lines and maximum elevation
4 principles within the city, we're talking about that from
5 grade, not from first floor level.
6 So, I would just like to offer that. That will
7 clarify a number of things, and I believe that's a
8 problem that's been echoed somewhere between the county
9 and some of the other administrations that have looked at
10 this, but I just wanted --
11 MR. TRYBA: I'll let you know the
12 grade slopes 15 feet from the intersection. • 13 MR. WELKER: I understand, but typically
14 we deal with grade along the property line, and in
15 your case would be the west or north property lines
16 in particular. Something that we can establish as
17 an average. I know that that's a long property line
18 and it's going to be an average, but I'd like to
19 have something we can relate to the neighbors
20 directly without them having to guess at what your
21 first-floor elevation is, because it could be more
22 than two feet.
23 MR. TRYBA: That would be fine.
24 MR. WELKER: So, if you could do that. • 25 The next group of questions I have is a little bit
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• 1 about movement through the site. First, dealing
2 with emergency vehicles. Access to the site,
3 basically, would be from the north or the south
4 or, from the east or the south, and since they would
5 have to go through a gated area to go back in along
6 the street between the residential units, I would
7 assume that most of their access would be limited to
8 this drive that basically parallels the corner of
9 University and Hampden; is that correct?
10 MR. TRYBA: No, that's not correct.
11 There would be full access for all emergency
12 vehicles all the way around the entire loop of the
• 13 site, and it was designed for the maximum
14 requirements for fire trucks and ladders all the way
15 around the entire site.
16 MR. WELKER: I question those, because
17 those are extremely tight streets, you have parking
18 on both sides, and you've got tight turning
19 radiuses. I realize we don't have big trucks
20 getting in there, but this is a very tight standard
21 for access.
22 MR. TRYBA: We worked very closely with
23 your staff to make sure that they've approved the
24 radiuses and --
• 25 MR. WELKER: --I still think our --you
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• 1 have two-way streets that are 20 feet wide?
2 MR. TRYBA: Correct.
3 MR. WELKER: That's 10-foot drive lanes,
4 you have seven-foot parking. That means that a car
5 has to get up on the curb, basically, on both sides
6 to stay out of the traffic. These are very tight
7 tolerances, let alone driving emergency vehicles
8 down there too. So, that's my point .
9 There's been mention made of the shading and
10 the study that shows some shading ideas and some concepts
11 of how the tall buildings will transfer their shadowing to
12 the buildings particularly on the northeast, the ice and
• 13 all sorts of stuff like that. We don't see that here. We
14 don't see that in your presentation, and I'm concerned
15 about that. I'm concerned about the issues that these
16 buildings are casting their shadows and the ratio of the
17 time that they cast those shadows; but where those lines
18 are projected to hit the properties north and,
19 particularly, on University and on the houses that are
20 along the north side of the property .
21 MR. TRYBA: We reviewed all the studies
22 with individuals in separate meetings that are along
23 the north side as well as public neighborhood
24 meetings, and we have not incorporated that into
• 25 these documents.
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• 1 MR. WELKER: Why not? I want to know
2 what that information is. I'd like to know what
3 those lines are.
4 MR. TRYBA: We did the shadow study. It
5 was not required. We did it just on behalf of the
6 neighborhood and for the information of
7 MR. WELKER: --I understand that you did
8 that when it wasn't required, but it's evidence that
9 we'd like to consider; and I would like to see it on
10 there whether it's at this meeting or another.
11 Because I think that is germaine; and I would hope
12 to see it.
• 13 MR. TRYBA: Okay.
14 MR. WELKER: I'll move on to somebody
15 else for now.
16 CHAIRPERSON: Speaking of height, on the
17 District Plan Development standards, E2(4), it says
18 there would be an increase of --possible increase
19 of up to two percent on your buildings over 100
20 feet, and I was wondering if you would be willing to
21 keep them at the envelope they are, and allow no
22 increase in the building envelope? Frankly, a two
23 percent increase in 179-foot building is a lot.
24 MR. TRYBA: This is in response to the
• 25 city's rules, which required more than that
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• 1 two-percent variation to allow the administrative
2 review of anything. We actually agree to just go
3 ahead and do somewhat less than their requirements.
4 So, I mean, we have already cut that back, and this
5 is just so that we don't have to come back with you
6 in case there's a flagpole or something like that.
7 They have the administrative capability of reviewing
8 the document in a legal way.
9 CHAIRPERSON: Okay. Anyone else?
10 MR. BLEILE: While we're talking about
11 that, Carl --well, let me ask you that; maybe you
12 can clarify that for me. You were asking the
• 13 applicant to specify that their building height
14 begin from either the north or west point of
15 elevation?
16 MR. WELKER: That it be measured from
17 grade lines, not from first-floor elevation.
18 CHAIRPERSON: From where the ground is
19 currently, not from where they want it to be.
20 MR. WELKER: They specified that there's
21 about a two-foot variance between the first floor
22 and --I'd just like it to be specific. To be
23 somewhat like we measure other buildings and require
24 applicants to measure it.
• 25 MR. BLEILE: Okay.
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• 1 MR. ROTH: I guess I have a comment on
2 the lack of hard data on the traffic flow issue. Is
3 that going to be forthcoming from city council or is
4 that one of the conditions, that there is going to
5 be more updated traffic-flow information?
6 MR. WELLS: The staff had asked us to
7 incorporate the various addenda and supplements that
8 have been provided by our engineers as part of one
9 comprehensive package, and we will do that. We
10 concur and we'l l follow the recommendation the staff
11 made on their staff report, including that one; and
12 hopefully, that packet, when all put together will
• 13 respond to your question.
14 MR. WELKER: Is that something that we
15 can anticipate seeing? We haven't seen any traffic
16 study.
17 MS. LANGON: Our traditional path has
18 been not to include those studies within your
19 packet, because the staff report is the executive
20 summary of all the materials that were submitted
21 based on the professional staff review.
22 MR. WELKER: I can respect that, but
23 that's a major issue here; and it's something I
24 would like to see.
• 25 (The audience applauded.)
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• 1 MR. WELKER: I would like to see it
2 before --even in its current form. There's a lot
3 of questions dealing with that, and I'm not sure how
4 I feel about that, so I'd like to see it.
5 MS. REID: We can provide that for you.
6 MR. WELKER: Okay.
7 CHAIRPERSON: Anybody else?
8 MR. WELKER: Well, I have a couple more
9 things. Going through the list of things that you
10 propose to include as being allowed in this, there's
11 a couple that I have some issue with and some that I
12 had an issue with until you explained them a little
• 13 bit more as far as how the retail and the work here
14 has been done; but one of them, under accessory
15 uses, we have a kennel/animal daycare; and I have
16 concern that that may not, in my opinion, belong
17 here in this dense building.
18 MR. WELLS: Let me try to respond to that
19 one; and, Tricia, maybe you can, as well. The idea
20 of putting the kennel/daycare notion in as an
21 accessory use was to contemplate that people living
22 in the project might have pets that they would like
23 to have taken care of if they go away; and they
24 cou l d do it within their community association.
• 25 This is not authorizing a commercial daycare/kennel
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• 1 use at all.
2 MR. WELKER: I can appreciate that. That
3 makes a lot more sense to me. I would have similar
4 information that I'd like about upholstery and
5 printers and things like this that to me would be a
6 little bit out of line with what we'd like to have
7 in this kind of development.
8 MR. WELLS: Well, it's unlikely we'd have
9 an upholstery --printing, is something that's
10 conceivable to have in a specialty store.
11 MR. WELKER: But in the sense of the
12 mailboxes or some kind of a UPS store or something • 13 like that.
14 MR. WELLS: We're not contemplating
15 anything like that, but it may be we'll have,
16 perhaps, a service. As the computer world keeps
17 getting fancier and fancier, we may allow people the
18 opportunity to come into the store and print their
19 own copies.
20 MR. WELKER: I'm assuming in the same
21 vein of questioning, the massage therapy isn't the
22 worst that we conceive it to be.
23 MR. WELLS: Are we proposing massage
24 therapy?
• 25 MR. WELKER: I'm afraid you are.
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• 1 MR. WELLS: Tricia, can you help me on
2 this one?
3 MS. LANGON: It is listed as a permitted
4 use and all of the uses with --that are identified
5 here are identical to the uses within the UDC.
6 MR. WELKER: I know, but this is a PUD.
7 That's why I'm questioning it.
8 MR. WELLS: Let me suggest
9 MR. WELKER: a lot we're not
10 suggesting too.
11 MR. WELLS: One thing that we hope to
12 have in the space is a day spa type of facility and
• 13 that might have a massage therapy feature as part of
14 it.
15 MR. WELKER: I would suggest that we
16 change the wording from massage therapy to actually
17 a day spa or something we can --well, anyway, my
18 point is, is that I have some quest i ons about those
19 particular things.
20 MR. WELLS: We, again, have no problem
21 with that. What we were trying to do is in working
22 with your staff was utilize your new uniform
23 development code without modifying it so that
24 everybody would be on the same page on all of these
• 25 items, and if we can clarify that point --
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• 1 MR. WELKER: Well, those are things that
2 are --I still have some questions.
3 Health treatment facility, to me, seems to be
4 over-scaled with this, as well. I couldn't understand
5 allowing a doctor's office or something in that detailed
6 space or that office space, but I think there's other
7 things that are immediately beyond the scope. Those are
8 things that I question simply because of the things we've
9 dealt with in the city before, and I don't really see that
10 these should be major obstacles with this, and then not
11 have to deal with them again something else. So, that
12 would be my question here.
• 13 Car wash; I'd like some description of what
14 this car wash is. How it's purported --What we've
15 contemplated about the possibility of a car wash is that
16 we would do it underground and be able to wash people's
17 cars as they went shopping, for instance. We'd obviously
18 be burdened by having the water and solvents below-grade,
19 and we'd have to take care of that.
20 MR. SCHUM: Do you now have a parking
21 structure underground like that?
22 MR. WELKER: Yes. We recently observed
23 one over by Cherry Creek.
24 MS. MUELLER: I'm familiar with a few of
• 25 those.
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• 1 MR. SCHUM: I've just never seen that.
2 MS. MUELLER: They work rather well.
3 MR. WELKER: They might just be a perfect
4 mix, I'm just trying to get those out into the
5 discussion here.
6 MR. TRYBA: We actually did see one in
7 Cherry Creek North where the old Sears tire and
8 battery store --that's now underground, and it's a
9 similar kind of operation taken off of prime ground
10 floor space and put that underneath the building,
11 and it's working quite well. You might want to get
12 some new tires there.
• 13 MR. WELKER: The last one I have up here
14 is wholesale and sales distribution. What is being
15 thought of here?
16 MR. WELLS: We intend to have a bakery,
17 for instance, as part of the store; and it is
18 conceivable, likely, that that bakery would supply
19 baked goods to restaurants in the area. That kind
20 of notion is what we are contemplating.
21 MR. WELKER: Well, it helps to understand
22 how these fit into the concept of the retail space
23 that you're envisioning.
24 MR. WELLS: Believe me, we had extensive
• 25 discussions on how to fit the concept or
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• 1 contemplation within the UDC rules that you all
2 worked so hard and so long to produce, trying to
3 accommodate what we were trying to, at the same
4 time, be consistent with your ruling going forward.
5 MS. MOSTELLER: I have a question
6 regarding handicapped parking in the townhome area.
7 Is there any at all, either underground or surface?
8 MR. TRYBA: Both underground and on
9 surface as required by code.
10 MS. MOSTELLER: In the townhome area? I
11 see in the notes that it is available in the retail
12 and condominium, but I didn't see any designated in
• 13 the townhome area.
14 MR. TRYBA: In the townhomes, they're
15 private garages and private parking, so they're not
16 actually designated on the street.
17 MS. MOSTELLER: But they are sized as if
18 it was a handicapped space?
19 MR. TRYBA: Well, because they're
20 private --actually, we have 53 extra spaces
21 downstairs for those 45 units, so there's --the
22 spaces are parallel, and they're open to the entire
23 24-foot wide drive that's down there . So, I think
24 it's more than ample.
• 25 MS. MOSTELLER: One other quick question.
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• 1 In the traffic study, was there any look at the
2 impact that the changes might have on East Floyd
3 Place?
4 MR. WELLS: Yes. I think I should refer
5 you to the traffic study, itself, for a
6 comprehensive look at what that traffic study did;
7 but yes, that was one of the considerations that was
8
9 MS. MOSTELLER: What was the result?
10 MR. WELLS: I think the result is that
11 there --we expect that the traffic situation for
12 East Floyd Place will be even better than it is • 13 today, because of the combination of the improvements
14 that are going to take place at the intersection.
15 MR. TRYBA: The traffic report indicates
16 that because of the two unimpeding through-lanes
17 that are going directly south, stacking will not be
18 nearly as burdensome with the neighbors to the
19 north; and with the two lanes going to the left and
20 the through right-turn lane, all of these lanes have
21 really come off our property, which would be the two
22 right-turn and left-turn lanes which allows the
23 stack --full stacking all the way back to the new
24 intersection, so that the two center lanes can move • 25 straight through the intersection.
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• 1 As John Wells has mentioned, there have been
2 numerous discussions about this number or that number, how
3 many cars are going; but no one disputes the fact that
4 having that additional left-turn lane and the additional
5 full right-turn lane all the way through the property will
6 allow through-traffic and right-and left-turn traffic to
7 relieve the tension on Floyd Place.
8 MR. SCHUM: So, you have film at rush
9 hour? You got additional traffic that's going to be
10 entering that intersection at rush hour --you know,
11 morning rush hours are 6:00 to 8:00 and then in the
12 evening, the traffic trying to get in is not going
• 13 to impact that intersection from whatever it is.
14 I understand that people said that would be a
15 great benefit, and I agree with that; but then again
16 you're also adding a lot more rush hour traffic at that
17 intersection than you see at those times too. You have so
18 many residents and so many cars going, was that taken into
19 consideration? The time of day, how much more traffic is
20 going to be in?
21 MR. TRYBA: Yes. In all the studies --
22 there have been some independent studies and our own
23 studies and everybody has looked at different ways
24 of analyzing that based on time existing and
• 25 proposed data, but the numbers that the traffic
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• 1 studies require for these kinds of uses; and we've
2 looked at from a conservative standpoint, from a
3 middle-of-the-road standpoint, they all lead exactly
4 to the solutions that we're recommending for this;
5 and they all add up to suggest that the traffic in
6 that intersection will be less than it is today
7 currently in terms of its flow and have less impact
8 on the neighborhood.
9 MR. SCHUM: So, you're telling me that
10 this development will have a net result of less
11 traffic?
12 (Laughter from the audience.)
• 13 MR. WELLS: You all apparently don't have
14 benefit of the traffic report. Let me read you the
15 statement from the traffic report that I think is
16 directly on point to this.
17 As a result of the improvements, travelers
18 would experience less delay at the University/Hampden
19 intersection with the project than they would if nothing
20 were done in the area, either at the site or to the road
21 system. Peak-period operations within the project at the
22 improved intersection are 13 to 15 percent better in the
23 short term and one to four percent better in the long
24 term. As such, the proposed intersection capacity
• 25 improvements more than off set the development or intimated
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• 1 traffic impact at that location.
2 MR. WELKER: I've got to see that. One
3 more question, and this is talking about the
4 interface on the north and west sides of the
5 property. I see a tenth with a plus or minus or a
6 tenth with a minus fence walls like across all of
7 those property lines. That's significantly higher
8 than what we allow now and most other improvements
9 allow. It may have benefit, but I'd like you to
10 discuss construction and location and how you feel
11 about those fences being
12 MR. WELLS: --let me address that, if I
• 13 may. We have had numerous discussions with our
14 neighbors to the north and to the west about this
15 wall; and we have elected to adopt the height and,
16 in fact, the type of wall that our neighbors have
17 asked us to build; and we have committed to build
18 that wall; and we have committed to build that wall
19 as early as possible in the project so as to
20 inconvenience our neighbors as little as possible
21 during the construction process. The 10-foot height
22 is their suggestion, not ours.
23 MR. WELKER: And that wall is similar to
24 the type built on the south side of Kent Village
• 25 along Hampden?
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• 1 MR. WELLS: Yes, it is.
2 MR. WELKER: And you would build it on
3 the north property line as well as the west?
4 MR. WELLS: Yes.
5 MR. WELKER: Okay.
6 MR. BLEILE: Isn't there some
7 discussion --while we're talking about the wall
8 --mitigating the possible noise, et cetera, to your
9 neighbors. Construction hours, I know it was
10 discussed in here, but I still don't know if there
11 was anything agreed upon or specified as an addition
12 or anything of this nature.
• 13 MR. WELLS: In fact, with regard to
14 construction hours, a number of people have asked
15 that we cut down the allowed hours of construction,
16 which we did. The hours of construction that we're
17 committing in the general notes on the district plan
18 are narrower in scope than the hours that the city
19 would otherwise permit. If you look at note 15, I
20 don't have my glasses on, but I think that's the
21 one.
22 MR. BLEILE: So, basically 6:30 to 7:45.
23 MR. WELLS: Well, yes. We've tried to
24 put some limits on weekends and holidays, as well.
• 25 Again, things that aren't normally required by the
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• 1 city.
2 MR. WELKER: Am I reading this right?
3 You're intending to dedicate some property along the
4 south and east for street improvements?
5 MR. WELLS: I think I better stay up
6 here. Yes. As I was trying to explain while I was
7 pointing to the site plan, in order to have enough
8 space on University to accommodate an extra
9 left-turn lane and an extra wide right-turn lane, we
10 had to move our property --basically, our project,
11 to the west, and on Hampden slightly to the north;
12 we had to compress it. And we certainly will
• 13 dedicate the extra lanes that we created in that
14 process to the city.
15 MR. WELKER: Has that been determined
16 with --right-of-way, as I understand it, in
17 Englewood is about 40 feet. I know on University
18 it's about eight feet, more or less, total; and
19 you're proposing to add right-of-way of 10 or 12?
20 MR. WELLS: I can't tell you what the
21 number is, but we've discussed this with the city;
22 and I think we're in concurrence with your staff as
23 to what those lanes encompass; and we certainly will
24 go through the process to get those.
• 25 MR. WELKER: What thought have you given
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• 1 to the sidewalk location? There's been a lot of
2 comments in the stuff I've read about attached
3 sidewalks, which is what I see the site plan shows
4 on both Hampden and University. Has there been
5 thought to moving those sidewalks five feet or more
6 back off the traffic lanes?
7 MR. WELLS: David, perhaps you could
8 respond specifically to the sidewalks.
9 MR. TRYBA: They're currently designed as
10 attached sidewalks at the perimeter. We thought the
11 landscaping with the amount of actual pedestrian
12 traffic, we thought that the landscaping would have
• 13 a more significant chance of developing itself
14 inboard than outboard, given the amount of
15 pedestrian traffic at that intersection. We've
16 watched and looked
17 MR. WELKER: --much pedestrian traffic
18 at that intersection?
19 MR. TRYBA: Correct. We at the --
20 there are some pedestrian movements at the bus
21 stops, which we've located here; and we pulled those
22 away from the traffic, but the sidewalk is attached
23 and shown. We could move it in more but we would
24 split the landscape in two rather than have a
• 25 greater whole, and that was our thought that the
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• 1 ultimate value of splitting that landscape would be
2 diminished, so we kept it whole.
3 CHAIRPERSON: I'd have to agree. Nothing
4 that you planted there on Hampden or University
5 would survive.
6 MR. WELKER: I agree with that. Not many
7 people survive that walk. We've got a six-foot
8 walk; therefore, we probably have 12, 13, 14 feet of
9 landscaping before the property line on the east
10 side?
11 It's the bumper between --not so much whether
12 it's landscaping or in the traditional plant sense or
• 13 trimmeries (sic) or whatever else, but one of our thoughts
14 in improving pedestrian traffic through the city is not
15 creating areas of null, where no one will walk on that
16 sidewalk because it's unsafe to do. I would hesitate to
17 walk along that, plus, especially at rush hour. We talked
18 about this crossing over University and other things. I
19 think we have to get to that crosswalk somehow.
20 CHAIRPERSON: I think the staff would
21 like some input.
22 MR. WELKER: Well, I'm worried.
23 MS. LANGON: Mr. Welker, Mr. Ross,
24 director of public works would like to address your
• 25 question. Can we have Mr. Ross sworn in?
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• 1 KEN ROSS,
2 the witness herein, having been first duly sworn, testified
3 on his oath as follows:
4 MS. WELTY: Please state your name,
5 address, and affiliation with the city.
6 MR. ROSS: I'm Ken Ross, director of
7 public works for the city. One of the things that
8 we were look i ng at with the attached sidewalk was
9 actually widening them from what is required to
10 provide that extra factor of safety.
11 The other issue is all the lanes that are
12 travel --the travel lanes are actually accessory, so it's
• 13 not the through-lanes that are going 45 and 50 miles an
14 hour, it's the accessory lanes. You don't have the volume
15 and you don't have the speed. So, I think really if
16 you're looking at trying to enhance the landscaping and
17 being concerned about pedestrian safety, I think we've
18 tried to take that into consideration.
19 MR. WELKER: So, the six-foot width was
20 something that's deliberate to try to get something
21 people might feel safe by walking along.
22 MR. ROSS: That's the intent, to give
23 them a little bit more room to shy away from traffic
24 if they desire.
• 25 MR. SCHUM: So, you guys see everyone
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• 1 going slow in this lane and not be more of an
2 acceleration like when people are trying to get over
3 into traffic on University.
4 MR. ROSS: Again, they're not going as
5 fast as the through-lanes and there's not as many
6 cars.
7 MR. SCHUM: But they will be able to come
8 around this turn without yielding and continue along
9 at the speed right after they come around that
10 corner?
11 MR. ROSS: 30-foot radius. They're not
12 going to be going very fast, Dennis.
• 13 MR. BLEILE: There --do you know --
14 there --is that I don't think there's a sidewalk
15 on the east side of University, is there?
16 MR. ROSS: At the present time there's
17 not.
18 CHAIRPERSON: We need to take a
19 five-minute break to give our court reporter's
20 fingers a little time to recuperate. So, we'll take
21 about a five-minute break, and we'll be back, and
22 then we'll begin with the public input part of the
23 meeting.
24 (A break was taken from 8:39 p.m. to 8:47 p.m.)
• 25 CHAIRPERSON: I'd like to remind you, you
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• 1 have a five-minute limit, and please be respectful
2 of us and fellow human beings in the room. The
3 first person signed up to speak is Jesse McDowell.
4 MS. WELTY: Will you raise your right
5 hand please.
6 JESSE MCDOWELL,
7 the witness herein, having been first duly sworn, testified
8 on his oath as follows:
9 MS. WELTY: Please give your name, your
10 address, and any affiliation you have with an
11 association or anything like that. Thank you.
12 MR. MCDOWELL: Good evening members of
• 13 the commission, my name is Jesse McDowell; I'm with
14 Colorado Realty Consultants, we are located at 1520
15 West Canal Court in Littleton. We are the developer
16 on behalf of Denver Seminary. We are handling their
17 transition from the existing site here in Englewood
18 to their new location in Littleton. Tonight I'd
19 like to read into the record a letter that's been
20 prepared for you by Craig Willowford (phonetic) ,
21 he's the president of Denver Seminary; and you do
22 have this letter in your packet this evening.
23 Dear chairman and members of the plan
24 commission, Denver Seminary has been a part of the city of
• 25 Englewood since the 1960s when the school purchased its
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• 1 current property from the Kent Girls' School, also known
2 as, Denver Country Day School. The school has long
3 enjoyed a great and supportive relationship within the
4 community; unfortunately, with the Seminary's growth over
5 the last several years, it has become necessary for the
6 school to find a location which will accommodate its
7 future needs and grow beyond the property's capacity to
8 stay in Englewood.
9 Over the last four years, the Seminary has met
10 with approximately ten potential buyers interested in the
11 northwest corner of Hampden and University. About half of
12 those prospective buyers have been interested in the
• 13 property's current zoning for multi-family housing as a
14 use by right. These prospective buyers are considering
15 apartment complexes in excess of 450 units without the
16 need to seek rezoning, land dedications, or common
17 amenities to mitigate neighborhood impacts.
18 In evaluating these opportunities, the Seminary
19 has attempted to ask what type of development and
20 developer would best address the concerns and impacts of
21 the neighborhood. In choosing the team headed by John
22 Forstmann, David Tryba, and Don McKenzie (phonetic), the
23 Seminary attempted to select a developer and project which
24 added value to the community. This group presented ideas
• 25 which predominantly included higher-end condominium units
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• 1 for ownership as opposed to rents. They also presented
2 retail concepts which were boutique in nature and have
3 limited impact.
4 While the project did have multiple-story
5 buildings, these were buildings of comparable heights of
6 the Waterford Project with a smaller floor plate and
7 higher architectural design consideration. While the
8 Seminary has not attempted to second-guess what may be
9 best for the neighborhood, we have attempted to
10 sympathetically evaluate prospective buyers and projects.
11 The seminary was offered higher sale prices to
12 sell to an apartment developer who wanted to build under • 13 the property's existing zoning entitlements. While such a
14 sale may have saved the headaches of the collaborative
15 planning process, which has and continues to transpire, it
16 would do little to add property value or tax base to the
17 community. Thank you for your considerations, and thank
18 you for your years of support in our efforts to serve the
19 community. Sincerely, Craig Willowford.
20 I'd be happy to answer any questions you may
21 have regarding our process; otherwise, thank you for your
22 time.
23 CHAIRPERSON: Anybody have any questions?
24 Thank you. Next person that signed up is Thomas
• 25 Sanders.
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• 1 MS. WELTY: Raise your right hand,
2 please, sir.
3 THOMAS SANDERS,
4 the witness herein, having been first duly sworn, testified
5 on his oath as follows:
6 MS. WELTY: You may give your name,
7 address, and any affiliation you may have for the
8 record.
9 MR. SANDERS: Hi. My name is Tom
10 Sanders, I live at 2369 East Floyd Place. I am on
11 the Architectural Control Committee for our street,
12 but I'm speaking as an individual.
• 13 I am speaking here because I want to register
14 my support for this project. I think it's a well-designed
15 high-quality project. I think it would be good for my
16 neighborhood and good for the city of Englewood, and I
17 feel that they should be approved.
18 MR. WELKER: I have a question. Are you
19 in the one of the houses on that north --just north
20 of the site?
21 MR. SANDERS: I'm in the second house on
22 the --from University on the north side of Floyd
23 Place.
24 MR. WELKER: Okay.
• 25 CHAIRPERSON: Thank you.
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• 1 Kathy Norling? Would you spell your last name
2 for her?
3 MS. NORLING: Yeah.
4 MS. WELTY: Would you please raise your
5 right hand.
6 KATHY NORLING,
7 the witness herein, having been first duly sworn, testified
8 on her oath as follows:
9 MS. WELTY: Will you state your name,
10 address, and any affiliation you have regarding the
11 project.
12 MS. NORLING: My name is Kathy Norling.
• 13 N-0-R-L-I-N-G. I live at 3101 East Floyd Drive,
14 which is in Cherry Hills Heights, which is in
15 Arapahoe County; and we are in the city of Denver.
16 I have been concerned about the impact of this
17 project on me in our neighborhood; however, at our most
18 recent meeting with Mr. Forstmann, he committed to
19 beautifying not only the west side, but also the east side
20 of University with landscaping. He also committed to
21 building a ten-foot masonry wall on the east side of
22 University.
23 He promised to aid neighbors east of University
24 with street calming not with funds but with influence he
• 25 might have, and living on Floyd is very important to me.
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• 1 Also, I respect in this business everyone should be a good
2 neighbor; and therefore I am stating my approval of this
3 project.
4 CHAIRPERSON: Thank you.
5 James Norling?
6 MS. WELTY: Raise your right hand,
7 please, sir.
8 JAMES NORLING,
9 the witness herein, having been first duly sworn, testified
10 on his oath as follows:
11 MS. WELTY: Please, state your name,
12 address, and any affiliation for the record. Thank
• 13 you.
14 MR. NORLING: My name is James Norling.
15 I live at 3101 East Floyd Drive, which is in Denver,
16 east of University Boulevard, and I am co-president
17 of our neighborhood association; but I am speaking
18 as an individual.
19 The proposed development had me very concerned
20 because of traffic accident and other problems; however,
21 due to the cooperation of the developer in taking steps to
22 mitigate the impact on our neighborhood to the east, I'm
23 speaking in favor of this development. He's been very
24 cooperative in trying to solve the problems that this will
• 25 cause our neighborhoods and I appreciate that.
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• 1 CHAIRPERSON: Pardon me if I butcher your
2 name. A. Yuhasz?
3 MR. SCHUM: You might have to spell it.
4 CHAIRPERSON: Y-U-H-A-S-Z? I'm going to
5 move on. E. Matteson? Okay. B. Wanner?
6 MS. REID: Madam Chairperson, you may
7 want to, on your list, check off the ones with a
8 note they did not respond when their name was
9 called.
10 CHA I RPERSON: C. F. Morgan? Finally, we
11 have a taker.
12 MS. WELTY: Please raise your right hand,
• 13 sir.
14 CLAROLD F. MORGAN,
15 the witness herein, having been first duly sworn, testified
16 on his oath as follows:
17 MS. WELTY: Please state your name,
18 address, and any affiliation you may have for the
19 record. Thank you very much.
20 MR. MORGAN: My name is Clarold Morgan, I
21 am --we reside at 3440 South Race. I'm president
22 of Kent Village homeowner's association, the
23 property that lies immediately west of the proposed
24 development. I am speaking for the board of
• 25 directors in the association and for myself.
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• 1 I endorse what has been said here by John and
2 his team. We have found that working with them has been a
3 very professional and high-level exercise. We believe
4 after over a year of invested time in this thing, that
5 this development is in the best interests of the city of
6 Englewood and for Kent Village.
7 I heartily endorse Craig Willowford's letter to
8 the commission which was recently read and, particularly,
9 in the last sentence which indicates in substance that
10 there are a lot of options for this property that could be
11 developed; but this one is the highest and best use in our
12 opinion.
• 13 We have discussed issues such as building
14 heights, traffic, and a number of other commitments; and
15 we've had a series of neighborhood meetings. We have met
16 several times with a special project commission of our
17 association and with our board of directors, people have
18 been informed by their regular inhouse news letters; and
19 the conclusion is that we think that the project warrants
20 approval by the city.
21 The sound wall has been mentioned. This was
22 something that the developer agreed to construct, and we
23 think that's important before other construction efforts
24 are begun in the project; because we are right next door,
• 25 and there will be construction as we know it, and we've
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• 1 also had an opportunity to meet not only with the team,
2 which we think is a high-level top-rate team, there will
3 also be meetings with the contractor, who has apparently
4 been selected, and we've been assured there will be
5 meetings from time to time during the construction process
6 with the neighborhood; that's to assure that the problems
7 that arise are addressed and met, and I think that's a key
8 advantage.
9 We would certainly object to this kind of project
10 but for the quality of the hosts and the cooperation we've
11 had with David and John and Don, and we appreciate that
12 very much, not to mention the cooperation we've had from • 13 the staff of the commission. There are certainly other
14 options for this project but this was, in our view, head
15 and shoulders above the others f rorn the standpoint of
16 traffic, and from the standpoint of property values,
17 quality of life, and all those things. We are encouraged
18 by this project, and we urge that it be approved.
19 MR. BLEILE: Question. Did you ever have
20 an opportunity to engage in a discussion with any
21 other developers interested in that property?
22 MR. MORGAN: No. We have --we had an
23 opportunity --we started with Craig Willowford and
24 his team when we heard it was a Greystone area --if
• 25 you now what I mean, a greystone area, I think, and
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• 1 we have talked to the consultant to the seminary,
2 and we're aware of some of those other developers
3 and proposals; but not in detail, and I have not
4 talked to them.
5 MR. BLEILE: Okay. Thank you.
6 CHAIRPERSON: Thank you. Sue Conaway?
7 MS. WELTY: Please raise your right hand.
8 SUE CONAWAY,
9 the witness herein, having been first duly sworn, testified
10 on her oath as follows:
11 MS. WELTY: Please state your name and
12 address and any affiliation you may have for the • 13 record. Thank you.
14 MS. CONAWAY: My name is Sue Conaway.
15 I'm the planning division --
16 CHAIRPERSON: Could you please spell your
17 last name for the record.
18 MS. CONAWAY: Yes. C-0-N-A-W-A-Y.
19 CHAIRPERSON: Thank you.
20 MS. CONAWAY: I'm the planning division
21 manager for Arapahoe County, and our address is
22 10730 East Briarwood Avenue, Centennial, Colorado.
23 I'm really glad to be here tonight --I used to
24 work for the city of Englewood many years ago, in the
• 25 early '80s and saw the Waterford Development. So, I'm
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• 1 aware of the importance of this development to the city,
2 especially when the city is landlocked and needs to constantly
3 redevelop. Intel projects are very hard, this is a very
4 interesting project, very attractive project. We got
5 several calls from the neighbors in the unincorporated
6 portion of the county to the east.
7 We were concerned that the bulk, the height,
8 the density, the traffic issues, all of the things that
9 complement those developments were going to have a
10 significant impact on the existing neighborhoods, and we
11 wanted the developer to be sensitive to those
12 neighborhoods. I think the negotiation that has gone on • 13 with the developer and the existing neighborhood has
14 probably gone as well as could be expected. What we would
15 like is to make sure that during the continuation of the
16 project going through development, we would like to work
17 with the city of Englewood --city of Englewood staff to
18 make sure that those efforts or mitigations are completed.
19 I did want to ask two things; first, that the
20 promises that the developer made, if there's some way that
21 the plan can recognize that the ten-foot wall on the east
22 side of University be acknowledged; and then, secondly, I
23 also wanted to point out that the ten-foot wall would have
24 to go through the variance process through the city of --• 25 through Arapahoe County. We as the staff would have to
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• 1 take that to the board of adjustment. We would be
2 supportive granting the increase in height because this
3 would be one measure of mitigating impact to the existing
4 neighborhoods. If you have any questions, I'd be glad to
5 answer those.
6 MR. WELKER: What does Arapahoe County
7 allow on their fence height?
8 MS. CONAWAY: Right now we allow six-foot
9 fence height in the residential area.
10 MR. BLEILE: Of any material?
11 MS. CONAWAY: Masonry is fine, there's no
12 problem with that material.
• 13 MR. WELKER: Does the landscaping also
14 have to be approved and so noted on the plat
15 somewhere?
16 MS. CONAWAY: We would --and --if the
17 landscaping was in the right of way because part of
18 the right-of-way is within the --our jurisdiction,
19 it would have to probably --we would have to make
20 sure that was not a problem for maintaining it, but
21 our engineering department is here tonight and would
22 like to make a statement.
23 MR. BLEILE: There already is a wooden
24 fence there?
• 25 MS. CONAWAY: There is a wooden fence, I
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• 1 believe; but not --you know, a sound wall
2 construction.
3 MR. BLEILE: Right. So, what you're
4 asking is, once you remove that, you replace it with
5 a sound wall?
6 MS . CONAWAY: Correct.
7 MR. SCHUM: Have you guys conducted any
8 traffic studies regarding that?
9 MS. CONAWAY: Our engineering department
10 can actually address some of those issues. They've
11 reviewed the traffic study; and, I believe, have
12 some comments .
• 13 MR. SCHUM: Okay. Thank you.
14 CHAIRPERSON: Thank you. Chuck Haskins?
15 MS. WELTY: Raise your right hand,
16 please, sir.
17 CHUCK HASKINS,
18 the witness herein , having been first duly sworn, testified
19 on his oath as follows:
20 MS. WELTY: Would you also please state
21 your name, your address, and any affiliation you may
22 have for the record. Thank you.
23 MR. HASKINS: Good evening. My name is
24 Chuck Haskins; I'm with the Arapahoe County
• 25 Department of Public Works and Development. My
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• 1 address is, as Sue's, 10930 East Briarwood Avenue in
2 Centennial, Colorado, 80112.
3 I appreciate the opportunity to speak before
4 the planning commission on this matter. Our comments were
5 addressed through the referral effort to your staff in a
6 letter dated May 17th, that I'm sure is in your packet.
7 There's a couple I'd like to highlight of that referral
8 letter.
9 We issued some comments relative to our concern
10 with the traffic. We did review the traffic study, had
11 some concerns with some of the growth projections along
12 University and Hampden, predominantly University, as it is
• 13 half within our jurisdiction. We had some concerns about
14 the trip reductions used in the study, and we had some
15 concerns about the intersection operation with the
16 especially with the new proposed traffic signal at the
17 main access.
18 We met with your staff on, I guess it was June
19 2nd to discuss these issues and requested some items from
20 the applicant; namely, conceptual intersection design and
21 still have not received it today. We think that's very
22 important at least --or, at minimum, prior to city
23 council acting on this. We need to make sure that the
24 intersection can work as described in the study.
• 25 We asked for a simulated traffic model. We did
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• 1 get the model, but it didn't include the intersection at
2 Floyd as requested; and they also included a sensitivity
3 analysis that we did review on --just last --yesterday.
4 We, again, request that that conceptual design be
5 submitted to our office, so that we can review to make
6 sure those back-to-back left turns function as intended.
7 We think that it's a good idea for the
8 applicant in the city to look at the possibility of
9 three-quarter movement on Hampden Avenue to reduce some of
10 those left-turn demands into the main access and reduce
11 the likelihood of spill-back into those through-lanes.
12 And I just wanted to emphasize that we are --we will
• 13 require --we do not approve the construction plans of
14 public improvements and the traffic signal within our
15 jurisdiction prior to that being completed.
16 So, that's all I have. I'm available for any
17 questions and appreciate the opportunity to speak before
18 you tonight.
19 MR. WELKER: I have a couple of questions
20 for you. As I understand it, the distance between
21 the south property line on Hampden and the
22 centerline of the new intersection on University is
23 about 500 feet; and then there's somewhat less than
24 that distance between that and the street at Floyd,
• 25 north of that. Is that a conceivable thing that we
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• 1 can handle with traffic lights at the new
2 intersection, and are we going to worsen the
3 intersection and the traffic at Floyd as traffic
4 stacks and backs up there?
5 MR. HASKINS: Well, that's why we
6 requested that model, and the traffic analysis that
7 we looked at didn't have an evaluation capacity in
8 relation of the Floyd/University intersections, and
9 when I'm speaking of Floyd, I didn't believe that it
10 had either the east leg or the west leg. The east
11 leg is within our jurisdiction, and I believe the
12 west is within the city of the Englewood. So, we • 13 didn't receive that, and it was not in the model, so
14 I really don't have a good --there will probably be
15 some breaks in traffic because of the signal; and
16 but it's hard to really evaluate without that data.
17 MR. WELKER: Okay. Are there any
18 differences in the city of Englewood standards or
19 the design of that street and real improvements in
20 the counties?
21 MR. HASKINS: Well, I think the biggest
22 difference is that we think that --you know, that
23 some type of design needs to be done to make sure
24 that we can line up through-lanes and make sure that
• 25 there's not severe tapers that --you know, we would
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• 1 handle what before we would act on a zoning request.
2 I understand that you know, full construction
3 documents may not be required at this time, but I
4 think we would need some assurances that it's going
5 to work before we approve a project like this.
6 MR. HASKINS: But you're in the approval
7 chain for that, are you not?
8 MR. HASKINS: Yes. But, again, we'd
9 prefer to be a little more proactive rather than
10 coming in at the 11th hour and say we have some
11 major concerns with the design. Thank you.
12 MR. BLEILE: One more question. You had
• 13 indicated in your letter --are you asking for 134
14 feet right away versus what is there now?
15 MR. HASKINS: No. In the letter --our
16 transportation plan that we did countywide with the
17 participation of your staff calls for University at
18 the sixth lane arterial road. Now, Denver controls
19 University just north of this project, and I don't
20 believe it's their intent to ever go to six lanes.
21 Our feeling was that traffic volumes may
22 warrant six lanes, but that doesn't mean you can always
23 construct those, especially with some of the different
24 drive access you have just north of there, so that was our
• 25 initial look at the project. At this point, that's really
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• 1 probably not going to be feasible, and it really doesn't
2 make any sense to widen in Arapahoe County when it's not
3 supported in the city and county of Denver. So, that's no
4 longer a concern of ours; but the point was that the
5 traffic projections may be a little lower in the traffic
6 study than in our transportation study.
7 MR. BLEILE: Has Arapahoe County formed
8 any type of traffic evaluation yet at that
9 intersection in regard to the proposed development?
10 MR. HASKINS: At the University and
11 Hampden intersection?
12 MR. BLEILE: Right.
• 13 MR. HASKINS: No. It's controlled by
14 CDOT. So, we don't have any studies, and it's kind
15 of the --you know, we have this enclave of Arapahoe
16 County, as you probably know, just across the
17 street. So, it's not like they perform a lot of
18 rigorous analysis there.
19 MR. BLEILE: Thank you.
20 MR. HASKINS: Thank you.
21 CHAIRPERSON: Thank you. Sandy
22 Kettelhut?
23 MS. WELTY: Please raise your right hand.
24 SANDY KETTELHUT,
• 25 the witness herein, having been first duly sworn, testified
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• 1 on her oath as follows:
2 MS. WELTY: Okay. Please state your
3 name, address, and any affiliation you may have for
4 the record.
5 MS. KETTELHUT: My name is Sandra
6 Kettelhut; K-E-T-T-E-L-H-U-T. I live on East Floyd
7 Place, 2299, which is on the --the fifth house in
8 on the north side of East Floyd Place.
9 I'm part of the Architectural Control Committee
10 for Hampden in Blocks 8, 9, and 11 that we're speaking of.
11 I have lived in this neighborhood --this general
12 neighborhood since the mid '50s. My parents live at Race
• 13 and Eastman and --about two blocks away; and I live on
14 Floyd Place. So, I've watched the community change over
15 the years, and I've watched the neighbors come and go, but
16 I've watched the property values stay at the high values
17 that they are.
18 Considering what could or might be able to go
19 in this corner, I have met with the developer and feel
20 that he's going to put quality developments in this
21 corner, and I think it will be good for the city. It may
22 not be the height that some of us want, but I think that
23 the quality that he has shown and the give-and-take that
24 I've seen in the meetings that I've been at, I feel that
• 25 he will stand behind what he has told us. I feel
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• 1 comfortable in that, and I would support this project.
2 Thank you.
3 CHAIRPERSON: Thank you. Dave Sprecace?
4 MS. WELTY: Would you please raise your
5 right hand, sir.
6 DAVE SPRECACE,
7 a witness herein, having been first duly sworn, testified on
8 his oath as follows:
9 MS. WELTY: Please state your name and
10 address and any affiliation you may have for the
11 record.
12 MR. SPRECACE: My name is Dave Sprecace, • 13 and my address is 2815 South Pennsylvania in
14 Englewood, and
15 CHAIRPERSON: Can you spell your name.
16 MR. SPRECACE: Sure. S-P-R-E-C-A-C-E.
17 CHAIRPERSON: Thank you.
18 MR. SPRECACE: And I think it's a very
19 attractive project. My only two concerns are: one,
20 the shadowing on the north end of Floyd, and;
21 two, the traffic. I think that both of those can be
22 addressed properly, and I think that it's a great
23 project. You know, I live in the area; and I drive
24 University and Hampden, and I hate traffic. So, • 25 those are my only two concerns. Thank you.
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• 1 CHAIRPERSON: Thank you. Holly Bryan?
2 MS. WELTY: Would you raise your right
3 hand, please.
4 HOLLY BRYAN,
5 a witness herein, having been first duly sworn, testified on
6 her oath as follows:
7 MS. WELTY: Please state your name, your
8 address, and any affiliation you may have for the
9 record.
10 MS. BRYAN: My name is Holly Bryan. I
11 live at 2199 East Floyd Place; that's the north
12 side, about the middle of the block. My affiliation
• 13 is just myself.
14 My major concerns too are height of the
15 building and shadow, which I think everyone looks at it,
16 discusses it and thinks that it's appropriate for the
17 area . I would also like to add that if on the off-chance
18 after Phase 1 is completed, if the rest of the property in
19 Phase 2 through whatever Phases are completed; and the
20 builder should decide to sell the property off to somebody
21 else for the purpose of constructing or whatever, do we
22 have any assurances that a subsequent builder might put in
23 the same high-quality construction that has been proposed?
24 Can we get --you know, anything in as far
• 25 as --you know, another public hearing or meetings or
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• 1 something along those lines so that we can be assured of
2 the same quality? Thank you.
3 MR. BLEILE: I have a question. Have you
4 seen the shadowing model demonstration?
5 MS. BRYAN: Yes, I have. And my house
6 currently gets very little sunshine before noon.
7 MR. BLEILE: Oh, I see. How affected is
8 it with the proposed development?
9 MS. BRYAN: How affected is what?
10 MR. BLEILE: You're saying it will get
11 very little sun if the applicant builds what he's
12 proposing to build.
• 13 MS. BRYAN: Right. The current proposed
14 building, my house is right about the middle of the
15 block on the north side, and I get almost no sun
16 well, I get no sun until almost noon during the
17 winter.
18 MR. BLEILE: Okay.
19 MS. BRYAN: Thank you.
20 CHAIRPERSON: David Sutherland?
21 MR. SUTHERLAND: I did not sign up to
22 speak.
23 CHAIRPERSON: Oh, I'm sorry. I
24 apologize.
• 25 MR. SUTHERLAND: That's okay.
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• 1 CHAIRPERSON: Virginia Hecht?
2 MS. WELTY: Please raise your right hand.
3 VIRGINIA HECHT,
4 the witness herein, having first duly sworn, testified on her
5 oath as follows:
6 MS. WELTY: Would you please state your
7 name, address, and any affiliation you may have for
8 the record.
9 MS. HECHT: My name is Virginia Hecht. I
10 am --
11 CHAIRPERSON: Spell your name, please.
12 MS. HECHT: H-E-C-H-T. I live at 3089
• 13 South Vine Street, which is in Denver. We're just
14 north of Dartmouth, north of the project.
15 MR. WELKER: Would you speak into the
16 microphone, please.
17 MS. HECHT: Okay. I am president of the
18 Cherry Hills Vista Community Association, which
19 represents 500 homes between Dartmouth and Yale, and
20 Franklin and University, for the record.
21 I look around tonight and I see familiar faces;
22 many neighbors and friends who have been part of this
23 community for many years, and I want to thank everyone for
24 being here tonight and for caring enough about the
• 25 neighborhood to get involved. This project is one that
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• 1 impacts all of us individually and collectively as well.
2 There are many valid and important issues that have been
3 identified since this project was introduced.
4 Many presentations have been made and many concerns have
5 been voiced and many compromises have been made as well.
6 We've come a long way to be here tonight.
7 As president of Cherry Hills Vista Community
8 Association and as representative from a neighborhood task
9 force that was formed to address this issue, I've had the
10 pleasure of working with many of these neighbors as well
11 as with Mr. Forstmann, Mr. Wells, and Mr. Tryba. I first
12 became involved in this project back in April of this year
• 13 with an inquiry from a Denver councilman in Peggy Layman's
14 office. At her recommendation, I invited the Forstmann
15 team to present their project at a general membership
16 meeting in May. There were over 50 people who attended
17 that meeting, and we found that it was, really, very well
18 received. My immediate neighbors had voted overwhelmingly
19 to support this project.
20 There's much enthusiasm about the quality and
21 humanity provided here. We're also very supportive of the
22 high-end ownership residential development rather than a
23 high-density rental project, which is --was allowed in
24 the current zoning. In addition, I've been working
• 25 closely with the joint neighborhood task force. We have
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3131 South Vaughn Way, Suite 224, Aurora , Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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• 1 worked with Mr. Forstmann to resolve many critical
2 concerns including traffic mitigation, speed, and traffic
3 cut through surrounding neighborhoods. Concerns about
4 traffic, construction, the construction hour, and privacy
5 issues, and community beautification have also been
6 addressed.
7 All in all, I have been impressed with the
8 proposed development, the quality of humanity; but, most
9 importantly, John Forstmann. He has continually exhibited
10 a commitment to the community and has shown good faith and
11 integrity in all of his negotiations. He has reached out
12 to be understanding of the issues and the impact of this
• 13 project. He has worked with the neighbors and been
14 committed to remedy and even to improve many existing
15 problems; i.e., the intersection of Hampden and
16 University, and the beautification of the University
17 Boulevard corridor. He has offered to erect a privacy and
18 sound wall and to improve University with landscaping.
19 All in all, I believe that this project will enhance our
20 community and make it a more accepted and desirable
21 neighborhood.
22 I speak for myself and by majority vote for
23 Cherry Hills Vista Community Association. We are in favor
24 of this project, and we hope to see it improved. Thank
• 25 you.
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• 1 CHAIRPERSON: Thank you. Kesche?
2 (No response. )
3 CHAIRPERSON: Louise Myers?
4 UNKNOWN SPEAKER: She left.
5 CHAIRPERSON: She left? Harold Dwyer?
6 (No response.)
7 CHAIRPERSON: Carson Miles?
8 MS. WELTY: Raise your right hand,
9 please, sir.
10 CARSON MILES,
11 a witness herein, having been first duly sworn, testified on
12 his oath as follows:
• 13 MS. WELTY: Please state your name, your
14 address and any affiliation you may have.
15 MR. CARSON: Okay. My name is Carson
16 Miles. I live at 2268 East Floyd Place. I'm Lot
17 Number 6, on the south side of Floyd Place, right
18 next to the seminary. My back gate goes through to
19 the seminary, and my gate is going to disappear.
20 I had a lot of fears about this project when I
21 first heard about it. I've been in that house for eight
22 years, and I love the neighborhood. One of my biggest
23 fears was the height of the building and not knowing
24 anything about it. I attended a couple of the meetings,
• 25 I've seen the shadow drawings --my house is directly
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• 1 behind the 14-story tower; and I would --I get a lot of
2 the shade from that tower. But when I look at the design
3 and the possibilities, I think it's a great project.
4 Although I don't like the shade, I think that I
5 just see nothing but good from this project for the
6 community as a whole, and I'm in full support of this
7 project, and I hope you all get it passed, because I'd
8 like to see it there. Thanks.
9 CHAIRPERSON: Kathy Staller?
10 MS. WELTY: Would you please raise your
11 right hand.
12 KATHY STALLER, • 13 the witness herein, having been first duly sworn, testified
14 on her oath as follows:
15 MS. WELTY: Would you please state your
16 name, your address, and any affiliation you may have
17 for the record.
18 MS. STALLER: I will do so.
19 MS. WELTY: Okay.
20 MS. STALLER: My name is Kathy Staller,
21 and my name is spelled: S-T-A-L-L-E-R. My mailing
22 address is 3345 South Columbine Circle. I have a
23 hard time not facing everyone. Actually, more
24 important than my mailing address, my location is in • 25 Cherry Hills Heights, which is one of the
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• 1 neighborhoods that Tricia described early on. I am
2 unincorporated Arapahoe County, located next to the
3 seminary property and directly east of University.
4 Our neighborhood has been around, I think, it
5 was established 50-some-odd years ago; and to my
6 knowledge, we have never had an official or incorporated
7 homeowner's association. For that reason, when we got
8 wi nd of the potential sale and proposed rezoning of the
9 Denver Seminary Project, we thought it prudent to develop
10 a homeowner's --not a homeowner's association, but a task
11 force --I don't want to use that name --but a committee,
12 really, to stay abreast of the proposal, so we could
• 13 unde r stand best what potential benefits were coming along
14 with this development.
15 As such, over the last several months, plus, we
16 have had numerous meetings, discussions, correspondence
17 with the developer, with other --it's been great. I've
18 met all the different neighborhoods that I never knew
19 existed all throughout Englewood and Denver and Cherry
20 Hi l l s Village and Arapahoe County; it's been quite a
21 coming-together.
22 With any development with this magnitude, there
23 are a lot of issues to be addressed; and I believe that
24 you've heard and had questions and I've asked many of
• 25 these questions. From our personal perspective --and I
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• 1
2
guess I'm speaking for our committee members, since we
don't really have a homeowner's association --we have
3 we mentioned and discussed with the developer a huge list
4 of issues that we were concerned about, and many of
5 them --it was made clear --were not feasible to be
6 addressed or to take into account.
7 We understood that, and what we have done and
8 what we are in the process of doing is working out an
9 agreement, a negotiation to mitigate some of the issues we
10 felt were most important; and I can certainly delineate
11 those for you --I don't know if it's of your interest --
12 but assuming that we can work this out --and I think that
• 13 we are on track to do that negotiating this sort of
14 mitigation I think that by city council, we will be able
15 to of fer our whole support for the rezoning of this
16 property.
17 CHAIRPERSON: Matt Perkins?
18 MS. WELTY: Please raise your right hand,
19 sir.
20 MATT PERKINS,
21 the witness herein, having been first duly sworn, testified
22 on his oath as follows:
23 MS. WELTY: Please state your name, your
24 address, and any affiliation you may have for the ., 25 record.
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• 1 MR. PERKINS: Yes. My name is Matt
2 Perkins. I'm a resident at 2703 East Floyd Avenue,
3 which is in unincorporated Arapahoe County.
4 I as --along with Kathy, who just spoke, am a
5 member of our unofficial committee in our neighborhood
6 that since we don't have a homeowner's association, we
7 have been studying this project for the last number of
8 months and have been trying to make heads or tails of all
9 the issues in our community or, in our neighborhood,
10 and I'm sort of filling in for what she talked about.
11 I'm here tonight to voice support for the
12 project and its development team based on a recent • 13 agreement pr i nciple that we've reached with the developer.
14 I'd like to state, though, that our neighborhood support
15 has not been easy to obtain, because we had and continue
16 to have many concerns, including traffic, density,
17 property values, shadows, views, et cetera.
18 These are all outlined in detail in the exhibit
19 to the report that you have and the letter that was dated
20 April 16; however, I personally have found Mr. Forstmann
21 and his team to be very cooperative and genuine and
22 willing to do what he can to be a good neighbor; and that
23 is much appreciated and has gone a long way to allow us to
24 work through these issues and address them as a community. • 25 We're very appreciative for those efforts. Through
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• 1 multiple meetings, exchanges of communications, and
2 sharing of competing views, I'm pleased to say, we have
3 reached an agreement principle that we will be discussing
4 with our neighbors. We've tried to do that over the last
5 few days and --as much as we can, since we just had that
6 meeting on Thursday.
7 We believe --I believe that this will serve as
8 a basis to move forward toward a comprehensive or formal
9 agreement, if you will, and serve as a basis for what we
10 anticipate to be a qualified, public support of the city
11 council. Barring the phrase from the incomparable modern
12 day philosopher, Mick Jagger, I'd like to summarize our • 13 first communication with Mr. Forstmann. You can't always
14 get what you want, but you get what you need.
15 At the outset of these discussions with Mr.
16 Forstmann and his team, we outlined, as Kathy said, a very
17 long list of concerns that we had, things that this
18 project will impact forever, including the incredible
19 views we have of the mountains from our neighborhood that,
20 unfortunately, are going to disappear. Retail issues, et
21 cetera, many issues have been talked about, but in Mr.
22 Forstmann's credit, he made clear early on that he always
23 invited us to bring up these, these tough issues that
24 we're getting at on the condition that he always had the
• 25 right to say, no, if it didn't work for his economics and
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• 1 for the team.
2 We, as a group, appreciated that, since your
3 discourse back and forth and we understand that he's got a
4 business to run and this is an economic project as well.
5 So, again, I think he reached out to us to get our
6 support, which we've done. So, we haven't gotten
7 everything we wanted, but what I do believe, we've gotten
8 what we need; and with that, as Kathy referenced, an
9 agreement that we're working on.
10 Most importantly, I'd like to leave with this
11 last note, that we've established the groundwork, I think,
12 for good communications with Mr. Forstmann's team, so that • 13 we can --since this is really an ongoing project that's
14 going to take many, many years, that we have a dialogue
15 going between the groups so that we can try to make this
16 community the best we can, and really improve the
17 intersection and the corridor, itself, so that I
18 appreciate. That's all I have.
19 CHAIRPERSON: Thank you. It's 9:30,
20 we're losing our audience. We have about 14 more
21 people that have to speak. Do you want to continue?
22 MR. SCHUM: I'd like to continue and if
23 possible see the traffic study.
24 CHAIRPERSON: So, continue to the next • 25 meeting?
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MR. SCHUM: Or what?
2 CHAIRPERSON: Continue tonight.
3 MR. SCHUM: I would say to another
4 meeting, continue to another meeting.
5 MS. MUELLER: Continue to another
6 meeting.
7 MR. BLEILE: Sarne.
8 MR. WELKER: We're going to have another
9 meeting, so we might as well continue. There are
10 some people that I know left and do want to speak.
11 MR. SCHUM: Do we need a motion on that?
12 CHAIRPERSON: Yes, we do.
MR. BLEILE: I entertain a motion to
14 continue the public meeting.
15 CHAIRPERSON: Do you have input, Tricia?
16 MS. LANGON: No. I'm just trying to
17 understand because we can't hear what you're saying.
18 MR. WELKER: Do we need to set a time on
19 that?
20 MS. REID: The next available time
21 scheduled date would be the 29th, next Tuesday.
22 CHAIRPERSON: Who would entertain the
23 motion?
24 MR. BLEILE: I entertain the motion to
continue the meeting forward to the 29th.
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• 1 MR. SCHUM: I would second that.
2 MR. BLEILE: 7 p.m. sharp?
3 MR. SCHUM: Same place? I second that
4 motion.
5 MS. LANGON: And just --
6 CHAIRPERSON: the traffic study --
7 and --
8 MS. LANGON: Can I just clarify? You are
9 continuing the public hearing.
10 CHAIRPERSON: We are continuing the
11 public hearing.
12 MS. LANGON: So people would be able to
• 13 continue making testimony. I just wanted to be
14 clear on that. Thank you.
15 MR. SCHUM: One more question on this.
16 Would we have to finish the public hearing before we
17 take testimony on the traffic study or would we be
18 able to take that first?
19 MS. REID: It would be continued to be
20 part of the public hearing. If they get this
21 traffic study to you before the hearing, and you had
22 questions for someone who had already been sworn in,
23 you could take that before you took public more
24 public comments or you could take more public
• 25 comments first and then ask those questions.
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• 1 MR. SCHUM: Okay, thank you.
2 CHAIRPERSON: Who would like the traffic
3 study?
4 (Panel members indicated.)
5 CHAIRPERSON: So, most everyone would
6 like to see it. And we'd also like to see the
7 shadow presentation?
8 MR. WELKER: I'd like to see that
9 presentation, if it isn't hours long.
10 MR. ROTH: I agree with that.
11 CHAIRPERSON: Is that something that you
12 could do by next week?
• 13 CHAIRPERSON: Next week.
14 MR. ADAMS: Does the shadow presentation
15 show various building heights?
16 MR. TRYBA: Yes.
17 CHAIRPERSON: All right. I need a
18 second.
19 MR. SCHUM: I second it.
20 MS. REID: Excuse me, Madam Chairperson,
21 can we get clarification for those people --some of
22 them are leaving. Will you be hearing the public
23 comments in the same order as the ones that signed
24 in tonight?
• 25 CHAIRPERSON: Right. And then we will
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• 1 continue on with anyone new that may want to sign up
2 next week.
3 MS. REID: All right. Thank you.
4 CHAIRPERSON: If you would call the roll.
5 MS. WELTY: Ms. Mosteller?
6 MS. MOSTELLER: Yes.
7 MS. WELTY: Ms. Mueller?
8 MS. MUELLER: Yes.
9 MS. WELTY: Mr. Roth?
10 MR. ROTH: Yes.
11 MS. WELTY: Mr. Schum?
12 MR . SCHUM: Yes.
• 13 MS. WELTY: Mr. Welker?
14 MR. WELKER: Yes.
15 MS. WELTY: Mr. Adams?
16 MR. ADAMS: Yes.
17 MS. WELTY: Mr. Bleile?
18 MR. BLEILE: Yes.
19 MS. WELTY: Mr. Diekmeier?
20 MR. DIEKMEIER: Yes.
21 MS. WELTY: Ms. Krieger?
22 CHAIRPERSON: Yes.
23 MS. WELTY: All right we have nine in
24 favor.
• 25 CHAIRPERSON: That's good. We will
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• 1 continue the public hearing to next Tuesday at 7:00.
2 Remember, anyone who is already signed up to speak
3 can speak then. If you haven't signed up, you can
4 sign up next week.
5 (The proceedings were concluded at 9:43 p.m.)
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REPORTER'S CERTIFICATE
I, Lisa DeLeo, Professional Shorthand Reporter
and Notary Public in and for the State of Colorado, do
hereby certify that said proceedings were taken in
shorthand by me at the time and place hereinabove set
forth and was thereafter reduced to typewritten form under
my supervision, as per the foregoing transcript; that the
same is a true and correct transcription of my shorthand
notes then and there taken.
I further certify that I am not related to,
employed by, nor of counsel for any of the parties or
attorneys herein, nor otherwise interested in the event of
the within action.
My commission expires November 25, 2005.
Professional Shorthand Reporter
and
Notary Public
Javernick & Stenstrom, LLC
3131 South Vaughn Way, Suite 224, Aurora, Colorado 80014 (720) 449-0329 FAX (720) 449-0334
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