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HomeMy WebLinkAbout2011-09-20 PZC MINUTES• • • Planning and Zonin g Commission Public Hearing Case #USE2011-018 Conditional Use at 601 W Bates Ave September 20 , 2011 Page 1of6 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING September 20, 2011 Minutes and audio are available at: http://www.englewoodgov.org/Index.aspx ?page= 152 I. CALL TO ORDER [tlJ The regular meeting of the City Planning and Zoning Commission was ca lled to order at 7:03 p.m . in the City Council Chambers of the Englewood Civic Center, Chair Knoth presiding. Present: Absent: Staff: Bleile, Roth, King, Welker, Knoth, Fish, Calonder, Brick, Kinton (entered 7:1 5) Harbaugh (a lternate ) Alan White, Community Development Director Brook Bell, Planner II Dan Brotzman, City Attorney II. APPROVAL OF MINUTES September 7, 2011 Roth moved: Welker seconded: TO APPROVE THE SEPTEMBER 7, 2011 MINUTES Chair Knoth asked if there were any modifications or corrections. There were none . AYES: NAYS: ABSTAIN: ABSENT: Roth , Welker, Knoth, King, Calonder, Brick None Bleile, Fish Kinton Motion carried. Ill. PUBLIC HEARING [tlJ CASE #USE2011-018, CONDITIONAL USE AT 601 W BATES AVENUE • • • Plannin g and Zoning Commission Public Hearing Case #USE2011-0 18 Conditional Use at 60 1 W Bates Ave September 20 , 2011 P age 2 of6 Fish moved: King seconded: TO OPEN THE PUBLIC HEARING AYES : NAYS: Bleile, Roth, Welker, Knoth, Fish , King, Calonder, Brick None ABSTAIN: None ABSENT: Kinton Motion carried. !!] Mr. Bell, Englewood Planner 11 , was sworn in and presented the case. The property was operated as the General Iron Works foundry from approximately 1925 until the 1990's . In 2000, RTD selected a portion of the General Iron Works site in Englewood as the preferred location for their new light rail train maintenance facility. The remainder of the site was purchased by Barton Leasing and was subsequently sold in June of 2010 to the current owner, Sand Creek Inves tors, LLC for potential development. He stated the app li ca nt is seeking approval of a Conditional Use application to allow a Temporary Recycl ing Op eration with some or all of the processing occurring outside an enclosed structure and a Temporary Concrete Batch Plant to be located within the 1-2 General Industrial Zone District. Castle Rock Construction is proposing a collaborative effort with the current property owner to demolish existing remnants of the old iron works facility while impl ementing a state approved environmental voluntary cleanup plan. Staff recommended th e application be approved with 12 conditions as set forth below: 1. Th e Conditional Use Permit is only valid for the period from September 20 11 through Octob e r 1, 2012 . Any extensions in the Conditional Use Permit tim eframe shall b e approved by the Planning and Zoning Commission . 2. Hours of all operations on the property, including but not limited to rec y clin g, concrete batchin g, equipment operation, etc. shall be limited to 7:00AM to 6:00PM, Monday through Friday excluding legal holidays. Saturday operations shall be limited to two days per calendar month with the same working hours. Hours of operation for all trucks, vehicles, and equipment entering and le av ing the property are limited to th e same working hours. 3. All hauling operations to and from the property shall follow the proposed haul routes shown on Exhibit B and C. 4 . Op e rations covered under this Condition al Use Permit a re limited to: a. The recycl ing of construction mate rials re moved from the app li cat ion site and thos e materials remov ed from the Ph ase Ill Broad way improvements described in the application, • • • Planning and Zoning Commi ss ion Publi c Hearing Cas e #USE201 l-018 Conditional Use at 601 W Bates Ave September 20 , 2011 P age 3 of 6 b . The production of road base material, utility line bedding material, and concrete for the Phase Ill Broadway improvements described in the applicaiion; and c. Transportation of materials into or out of the site in connection with a. or b. above. Under no circumstances shall other materials not obtained or used in connection with the activities described in a. and b. above be transported to or stored on the site. 5. The portable crusher and portable batch plant shall obtain Colorado Department of Public Health and Environment Air Emission Permits prior to commencing operations and shall comply with the conditions of those permits. The applicant shall station a water truck on the property and spray water on the property as needed to control dust. The applicant shall obtain an appropriate meter from the City of Englewood for the use of water. 6. All operations on the property shall not exceed a continuous noise level limit of 55 decibels measured at the property line of the source. Additionally the applicant shall comply with all other provisions of Englewood Municipal Code, 6- 2 Noise Control. The noise levels shall be measured bi-weekly while operations are active and a cumulative log of measurements shall be maintained on site . The City shall reserve the right to require more frequent noise level measurements . 7. The applicant shall obtain a Light Industry Water Discharge Permit from the Colorado Department of Public Health and Environment. 8. The applicant shall obtain an approved Storm Water Discharge Permit from the Colorado Department of Public Health and Environment. 9. The applicant shall obtain a Grading Permit from the City of Englewood. All permits, plans, and required licenses shall be in place prior to commencing operations. 10. The applicant shall provide the City of Englewood with a weekly update detailing operations, truck loads, project schedule, noise monitoring, and project issues. 11. The applicant shall comply with all other applicable Federal, State, and local Codes. 12 . Failure to comply with these conditions shall result 111 enforcement actions pursuant to the Englewood Municipal Code . • • • Plannin g and Zoning Commi ss ion Public Hearing Cas e #USE2011-018 Conditi onal Use at 601 W Bates Ave Se pt ember 20 , 2011 P age 4 of 6 ~ Bryant Winslow of Sand Creek Investors, LLC was sworn in. Mr. Winslow is the owner of the property. Mr. 'vVinslow said the property has not been deve loped due to the economy and market forces at this time. This project provides a unique opportunity to clean up the property. ~ Mr. R.alph Bell, Castle Rock Construction Co . of Colorado, Inc. was sworn in. Castle Rock Construction Co. of Co lorado is the contractor for the project. He provided background information on the company and provided a board showing pictures of what a batch plant looks like and a site plan. fl] Paul Casey, Casey Resources, Inc. was sworn in. Mr. Casey is the environmental engineer for the landowner and described proposed cleanup procedures. PUBLIC TESTIMONY fl] The following citizens were sworn in and provided testimony: Julie Langston asked about site layout, truck routes, fencing, state of property at completion, dust pollution and env ironm ental monitoring. She stated she and her husband were excited this project was happening and appreciated all the contractor is doing in terms of safety. David Jackson felt a traffic study was warranted . Diane Tomasso thanked the app licant and staff for the quality of the presentation and the thoroughness of the presentation. She stated the project is going to be instrumental in cleaning up the site and moving the deve lo pment forward. She requested the applicant show on the site plan where the generator will be located and had questions regarding environmental issues and ways the neighbors can communicate with the contractor throughout the duration of the project. She stated she was excited to see the project move forward. Hope Torres expressed concerns regarding traffic. ltll Brick moved: Fish se conded: TO CLOSE THE PUBLIC HEARING AYES: NAYS: ABSTAIN : Bleile, Roth, Welker, Knoth, Fish , King, Calonder, Bri c k, Kinton None None • Pl an nin g an d Zoning Commission Publi c Hearin g Case #USE201 l-01 8 Co nd i tional Use at 601 W Bates Ave S eptember 20 , 2011 P age 5 of 6 ABSENT : None Motion carri ed. W elk e r moved: Bl eil e sec ond ed : CASE #USE2011 -018 CONDITIONAL USt ~OR 601 WEST BATES AVENUE BE APPROVED WITH THE 12 CONDITIONS SET FORTH BY STAFF PLUS ONE ADDITIONAL CONDITION NUMBER 13 : 13. ENVIRONMENTAL MONITORING SHALL BE ONGOING AS REQUIRED BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT THROUGHOUT THE PROJECT, WITH REPORTS MADE WEEKLY TO THE CITY. AYES: NAYS: Bleile, Roth , Welker, Knoth, King, Calonder, Brick, Kinton Fish ABSTAIN : None ABSENT: None • Motion carri ed. • Th e Commission thanked all the citizens for their attendance at th e hearing. IV. PUBLIC FORUM r?] Th ere was no public left at this time. DIRECTOR'S CHOICE r?] Dire ctor White had nothin g furth e r to report. VI. STAFF'S CHOICE l!l1 Dire ctor White updated th e Commission on future meetings: October 4 1 ": Study session regarding Parks and Op en Space fe es. O ctob e r 18 1 ": To b e determined . M s. Lan gon is sc he duled to return to the office on Octob e r 101 " • • • • Planning an d Zoning Commission Public Hearing Case #USE2011-01 8 Conditional Use at 601 W Bates Ave September 20, 2011 Page 6 of 6 VII. ATTORNEY'S CHOICE ~ l'vk Brotzman had nothing further to report. VIII. COMMISSIONER'S CHO ICE ~ Mr. King stated lie oelieves Ll1e projecl al 601 W Ba les Avenue is a great win for the City. H e stated he is happy the Conditional Use was approved. Mr. Brick agreed with Mr. King . He said that maybe a neighborhood meeting might have been beneficial regarding the Conditional Use. Mr. Welker stated the conversation between the applicant and public during Public Testimony was a welcome way to get answers to questions. In the past the Commission has been criticize d regarding the current procedure of not allowing a dialogue between the public and staff, commissioners and applicant; the public hearing procedure ma y need to be looked at. It worked tonight. Mr. Roth agreed the project is a good win for the City . Mr. Kinton concurred with the comments that had already been made. Even though the procedure was somewhat out of order it seemed to work well tonight and agreed Staff may need to look at a way to formally incorporate it in the future. Mr. Fish stated he believed the hearing went well. He noted each Commissioner 1s supposed to justify their vote and we did not do that tonight. The meeting adjourned at 9:11 p.m .