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HomeMy WebLinkAbout2015-05-19 PZC MINUTES• • • ltll CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS May 19, 2015 I. CALL TO ORDER The regular m ee ting of the City Plannin g and Z o nin g Commission was ca l led to o rd er at 7:00 p .m . in the City Council Chambers of the Englewood Civic Center, Vice Chair King presiding. Present: Absent: Staff: Bleile, Brick, King , Kinton , Townl ey, Pittino s Freemire (U nexcused), Knoth (Exc u sed), Madrid (Exc u sed), Fish (Excused) Michael Flaherty , Interim Community D eve lopm ent Director Chris N eub ecke r, Senior Pl ann e r Dugan Comer, Deputy City Attorney Also Present: Hugo Weinberger, Situs Real Estate Micah Kohl s, Delta H o u sin g Inv est m ents LLC Zachary Wiseman, Brewer II. APPROVAL OF MINUTES • May 5, 2015 Minutes Brick moved; Blei le seco nded: TO APPROVE THE MAY 5, 2015 MINUTES Vice Chair King asked if there we re any modifications or correct ions. Th ere were none. AYES : Bleile, Brick, King , Kinton NAYS: None ABST A l N: Townl ey ABSE NT: Fi sh, Freemire , Knoth , Madrid Motion carr ied . ltll Ill. FINDINGS OF FACT CASE #ADM2015-013 Non-Conforming Lot, 460 E. Yale Avenue Blei le moved ; Brick seconded: TO APPROVE THE FINDINGS OF FACT CASE #ADM2015-013 NON- CONFORMING LOT, 460 E. YALE AVENUE AYES : NAYS: Bleile, Brick, King , Kinton None • • • ABSTAIN: Townley ABSENT: Fish , Freemire, Knoth, Madrid Motion carried. IV. PUBLIC HEARING CASE #USE2015-003 CONDITIONAL USE, 3427 S. LINCOLN Brick moved; Bleile seconded: STREET, BREWERY USE TO OPEN THE PUBLIC HEARING FOR CASE #USE2015-003 , CONDITIONAL USE , 3427 S. LINCOLN STREET, BREWERY USE AYES: Bleile, Brick, King , Kinton , Townley NAYS: None ABSTAIN: None ABSENT: Fish , Freemire, Knoth, Madrid Motion carried. tt] Staff Presentation Chris Neubecker, Senior Planner, was sworn in. Mr. Neubecker reviewed the application for a Conditional Use, Brewery Use, at 3427 S. Lincoln Street. The subject property is located in the MU-B-1 zone district and the Englewood Municipal Code allows a brewery to operate as a Conditional Use with approval by the Planning and Zoning Commission . Mr. Neubecker outlined the conditions required to grant the applicant permission to operate a brewery in the MU-B-1 zone district. The applicant is in compliance with the requirements of the code with regard to conditional uses . Staff recommends approval of the Conditional Use by the Planning and Zoning Commission. ~ Mr. King asked for clarification on the requirement for a Conditional Use; Mr. Neub ecker responded that because of the manufacturing component of the proposed brewery, it is necessary for the property to be governed by a Conditional Use designation in the MU-B-1 zone district. Ms. Townley asked if a business allowed as a use by right would be required to provide additional parking for the business. Mr. Neubecker responded that because of the manufacturing aspect of the brewery, the parking requirement is reduced to one-quarter of the square footage divided by 300, or 4 to 5 spaces for this use. But any use in this building will create impacts and would be required to provide some parking. ~ Applicant Presentation • • • Hugo Weinberger, 3333 S. Bannock Street, Suite 600, Englewood, was sworn in. Mr . Weinberger works for Situs Real Estate and represents Delta Housing Investments, the applicant. Mr. Weinberger stated that Micah Kohls is the sole owner of Delta Housing Investments LLC and has owned the subject property since September 2014 and has made a significant investment in upgrading infrastructure and improvements. He reviewed the history of the property. lt] The proposed brewery will generate sales tax income for the City of Englewood. They do not intend to have loud music or anticipate large crowds. There may be a food truck or other food vendor near the site occasionally but the brewery wi 11 not be providing restaurant service. The parking concerns will be addressed by the owners of the business to reduce the impact to the neighborhood. There is public parking available in the City of Englewood parking lot to the south. l?] Mr. Brick asked what the planned hours of operation will be; Mr. Weinberger responded that the hours have not yet been established. Mr. Brick asked where the food truck might be located; Mr. Weinberger stated that they would be able to pull into the parking area adjacent to the building or along the street directly in front of the brewery. Mr. Brick asked if they intend to provide bike racks; Mr. Weinberger stated that there will be bike racks available for the patrons . lt] Ms. Townley asked about the access to the apartments that are adjacent to the property (to the west). Mr. Weinberger replied that there are four lots in the area. There will not be any activity from the brewery in the courtyard between the building and the apartments. Access to the apartments is via the alley next to the building or the alley behind the building. ~ Mr. King asked what the business model is for the brewery. Mr. Weinberger replied that they have multiple goals: sales of growlers and pints, educating consumers on brewing techniques and sales of home brewing supplies. Mr. King asked about the anticipated numbers of customers; Mr. Weinberger stated that twenty to thirty patrons would most likely be the maximum. l?] Ms. Townley asked about job creation. Mr. Weinberger estimated that there will be a~roximately ten to twenty employees. Public Testimony Diane Lee , Orchard Place Apartments, 3425 South Sherman #312, was sworn in. Ms. Lee e~ressed concern about the parking, smells, noise and the hours of the brewery. Annette Romero , 3411 South Lincoln Street #3, was sworn in . Ms. Romero is a resident of Lincoln Terrace Apartments which are adjacent to the proposed brewery site. Ms. Romero expressed concern about noise levels and brewery patrons using the courtyard behind the • • • building. She asked the Commissioners to help preserve quiet and peace in the neighborhood. ~ Mr. Kinton asked Ms. Romero what accommodations would make the brewery acceptable. She replied that keeping quiet, especially after 10:00 p.m. is very important as well as providing privacy for the courtyard. lt] Verna Roark, 3425 South Sherman #507, was sworn in. Ms. Roark commented that there are better places in the neighborhood for a brewery. ~ Joy Lassigard, 3425 South Sherman, was sworn in. As a resident of Orchard Place, she is concerned for the safety of pedestrians in the area due to the volume of traffic. l?l1 Zachary Wiseman, 55 Elati Street, Denver, was sworn in. Mr. Wiseman stated that the brewery does not plan on being open past 9:00 or 9:30 p.m. on weeknights or past 11 :00 p.m. on Friday or Saturday. His opinion is that the brewing community is not likely to participate in illicit drug use or drunkenness but is more of a business community comprised of older, more responsible people. He stated that the brewery will not allow patrons into the courtyard in the rear of the property and that the brewery operators are willing to install additional signage for parking control. There are no plans for live or loud music. ~ Ms. Townley asked what drew the brewer/tenant to Englewood; Mr. Wiseman replied that there are not many breweries in Englewood and the location of the Brew on Broadway will help attract patrons to the area from other parts of the metro area. The central location and Englewood's business-centric corridor were also factors. She asked about age restrictions for the establishment, Mr. Wiseman responded that they are anticipating that no one under 21 will be allowed after 7:00 p.m. ~ Mr. Brick asked if he would be willing to work with the owners to install a fence between the brewery building and the apartment courtyard. Mr. Weinberger added that a fence is planned for the area behind the building. l?lJ Robert Drews, 3120 South Lincoln Street , was sworn in. Mr. Drews commented to the Commission that he was excited to see something happening in this building. He expressed enthusiasm for the project and feels it will add to the neighborhood. He supports the project and feels that it will contribute to a vibrant community. ~ Mr. Brick asked Mr. Drews what we need to do to attract more young people. He replied that because of affordability and convenience, Englewood is an attractive community. !?] Rebuttal Chris Neubecker responded to questions from the Commissioners. Mr. King asked what the regulations are for renewal of a Conditional Use. Mr. Neubecker replied that it is an annual review for compliance. Mr. King asked about the signage for a tow-away zone. Mr. • • • Neubecker responded that in order to change a parking designation on a public street , it would need to be addressed through the Traffic Division. If the signage is on private property, it would not require any action by the City. ~ Mr. Bleile asked if the parking lots to the north and south are available to the public. Mr. Neubecker clarified that the parking lot directly to the south of the property is designated for the building. Approximately 100 feet farther to the south of the building is a public parking lot owned by the City. Mr. Bleile asked about the parking lot for the Malley Center which is designated only for the Malley Center; Mr. Neubecker indicated that the Malley parking lot is reserved for Malley Center uses during the day. [?] Mr. King asked Mr. Weinberger where the signage would be placed. Mr. Weinberger replied that it would be feasible for the brewery operators to place signage at the Orchard Place apartments and on the brewery property to inform patrons of parking options. I?] Mr. Brick asked if there are plans to build a fence. Mr. Weinberger replied that plans include removing a low wall and installing a taller fence behind the building. He commented that there is an egress point at the rear of the building that would only be used in the event of an emergency. Mr. Brick asked if there are plans for a fence and a gate; Mr. Weinberger r~onded that both a fence and a gate will be installed. Mr. Bleile asked Mr. Neubecker what would cause revocation of the Conditional Use. Mr . Neubecker stated that the list of conditions included in the meeting packet would apply and may be amended by the Planning and Zoning Commission. Violations of the specific conditions contained in the UDC (Unified Development Code) would be grounds for revocation. All other general regulations enforced by Code Enforcement would apply. Mr. Bleile asked how the public could report issues; Mr. Neubecker responded that citizens would contact the Community Development Department for zoning issues or the police department for other issues such as noise violations. Mr. Neubecker explained that code complaints are tracked through the City's internal permitting system. If there were continuing violations by the establishment, the Conditional Use permit would be reviewed. ~ Mr. Brick asked who performs the annual reviews. Mr. Neubecker replied that Community Development staff is responsible for reviews. ~ Mr. Kinton asked Mr. Neubecker if there are any improvements planned for pedestrian access in the area. Mr. Neubecker responded that to his knowledge there are no such plans for Lincoln Street but there are talks about a mid-block crossing in the 3400 south block of Broadway. The Walk and Wheel Master Plan study is addressing uses related to bicycles and pedestrians. Recommendations for infrastructure improvement will be made at the conclusion of the study. ~ Mr. Bleile asked Mr. Wiseman what experience he has running a business. Mr. Wiseman replied that he is not currently a business owner but one of his partners and his family has experience. Mr. Bleile asked if he has experience operating a business next to a residential • • • area. Mr. Wiseman responded that he personally lives in a high traffic area and is aware that there can be noise. He is employed by a large company and runs a large department; he and his partners are businessmen. He has personally been brewing for 3 years and the more seasoned brewers on his team have over 15 years of experience. The owners of the business are involved in the craft brewing industry. Mr. Bleile remarked that the Brew on Broadway is a successful operation. Mr. Bleile asked about proposed hours; Mr. Wiseman responded that they would most likely open at 2:00 or 3:00 p .m . five days per week, closed on Monday and Tuesday. Mr. Wiseman reassured the Commission that he and his partners wi 11 strive to be good neighbors to the adjacent residents. l!lJ Mr. King asked if their business plan had changed significantly based on the location. Mr. Wiseman responded that their plan has always been to have a quiet establishment that allows for conversation and discussion of brewing. Mr. King asked about their pricing; Mr. Wiseman replied that they intend to be about average, about $5 per pint. l!lJ Michael Flaherty, Interim Community Development Director, was sworn in . Mr. Flaherty provided additional information to the Commission regarding liquor licensing. Recently, the Colorado Legislature passed HB-1217 requires that in order to be issued a state liquor license, the proprietor must gather signatures of support for their business. Individuals will have an opportunity to support or oppose the license once the applicant submits their a~lication . Brick moved: King seconded: TO CLOSE THE PUBLIC HEARING FOR CASE #USE2015-003 , CONDITIONAL USE, 3427 S. LINCOLN STREET , BREWERY USE AYES: Bleile, Brick, King, Kinton , Townley NAYS: None ABSTAIN: None ABSENT: Fish , Freemire , Knoth , Madrid Motion carried. Brick moved: Townley seconded: TO APPROVE CASE #USE2015-003, CONDITIONAL USE, 3427 S. Discussion LINCOLN STREET , BREWERY USE , PROVIDED THE APPLICANT CONSTRUCTS A FENCE BETWEEN THE PROPOSED BREWERY AND THE ADJACENT COURTYARD/APARTMENT PROPERTY Brick-The parking accommodations are sufficient, however the proximity to the apartm e nt building is of concern. The fence at the rear of the property shall be a condition of approval to ensure the health, safety and welfare of the surrounding residential properties . • • • Kinton -Concurs with Mr. Brick, approves of the accessibility of the property by bus, pedestrians and bicyclists. Bleile -Does not believe parking is an issue, acknowledged the property owner's efforts to improve the property and that with the Conditional Use permit there will be oversight of the property to ensure compliance. ~ Vote Bleile -Thanked the individuals who provided input, the property improvements will be a welcome addition to the businesses in Englewood. By having a single owner of the affected properties, any violation of the conditions can be more easily addressed. 1?11 Brick -As part of the Comprehensive Plan, citizens will have the opportunity to provide input on the future of the neighborhoods in Englewood. Under the current Comprehensive Plan, the Commissioners are charged with encouraging economic development. This project does comply with the current Comprehensive Plan in that it will not create significant impacts on the neighborhood and wi 11 serve the health, safety and welfare of the community. ~ King -The parking is acceptable, the property could be a number of different uses by right and the Conditional Use provides some protection for the community. It does comply with the Comprehensive Plan. ~ Kinton -Concurs with the previous comments, this use supports the plan and type of use that we want for the activation of that particular area. ~ Townley -To add to what has been said, this will not create a greater nuisance than what could be there as a use by right. The public concerns are acknowledged and the fact that it is a Conditional Use will provide additional regulations. The Comprehensive Plan is supported by the goal of bringing more business as well as employment to Englewood generating more sales tax revenue and jobs in addition to creating a product that is manufactured in Englewood. AYES: Bleile, Brick, King , Kinton , Townley NAYS : None ABSTAIN: None ABSENT: Fish, Freemire, Knoth , Madrid Motion carried. l?lJ IV. PUBLIC FORUM Matthew Ward addressed the Commission and stated that it is important for the owners of the proposed brewery to create a good atmosphere in the neighborhood. ~ • • • Verna Roark spoke about neighbors parking and hopes that those who can will park in the public lot. ~ V. ATIORNEY'S CHOICE Deputy City Attorney Comer did not have any comments for the Commission. VI. STAFF'S CHOICE Mr. Neubecker informed the Commissioners that the June 2nd meeting wil I include a discussion regarding amendments to hotel/motel regulations . On June 101h, the Urban Renewal Authority will be taking a tour of Englewood to discuss various parcels in the City. The tour will begin at 6:00 p.m., June 1 Oth at the Civic Center. The Commission is invited to attend. ftl1 VII. COMMISSIONER'S CHOICE ~ Ms. Townley updated the Commissioners on the progress of the art installation of 100 Poppies at the corner of Broadway and Englewood Parkway. The project is to celebrate the commencement of the development at the site and to bring attention to the community. More information will be available soon. ~ Mr. Bleile asked if there had been any updates on the school superintendent search. Mr. Kinton informed the Commission that the search process has begun. The meeting adjourned at 8:50 p.m. ~ AeRecording Secretary