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HomeMy WebLinkAbout1997-07-08 PZC MINUTES• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JULY 8, 1997 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7: 00 P.M. in the City Council Chambers, Chairman Douglas presiding. Members Present: Dummer, Styes, Tobin, Weber, Welker, Cottle, Douglas Simpson, Ex-officio Members Absent: Garrett, Homer (Both members are absent with previous notice) Also Present: Harold J. Stitt, Planning Coordinator Mark Graham, Neighborhood Coordinator Brad Denning, Planning Assistant II. Nancy Reid, Assistant City Attorney APPROVAL OF MINUTES. May 6, 1997 Chairman Douglas stated that the Minutes of May 6, 1997 were to be considered for approval. Tobin moved: Dummer seconded: The Minutes of May 6, 1997 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Tobin, Weber, Welker, Dummer, Douglas None Cottle, Styes Garrett, Homer The motion carried. m. CONDITIONAL USE Commercial Indoor Shooting Range 2980 South Galapago Street James Peterson, Applicant CASE #CU-97-02 Mr. Douglas stated that the case before the Commission is a request for' Conditional Use ap- proval of a commercial indoor shooting range at 2980 South Galapago Street. The applicant is 1 James Peterson, 7618 South Datura Circle, Littleton, CO 80122 . Mr. Douglas asked for a motion to open the Hearing, and that staff present the case. Tobin moved: Dummer seconded: The Public Hearing on Case #CU97-02 be opened. AYES: NAYS : ABSTAIN: ABSENT: Tobin, Weber, Welker, Cottle, Dummer, Styes, Douglas None None Homer, Garrett The motion carried. • Harold Stitt was sworn in, and testified that the applicant is requesting approval of a commer- cial indoor shooting range, which he proposes to develop on property he owns at 2980 South Galapago Street. Mr. Stitt stated that an indoor shooting range is not a specifically permitted use in any zone district, but staff has determined that this use is closely aligned with "amusement establishments", which include bowling alleys, billiard halls, outdoor commercial recreational facilities and other similar types of amusements; these uses can be allowed in the Industrial Zone District as Conditional Uses . Conditional Use consideration requires that the Planning Commission hold a Public Hearing; this affords the Commission an opportunity to review conformance of the proposal with the Zoning Ordinance and Comprehensive Plan, and to impose mitigating elements if warranted ; provides the applicant a public forum to discuss the proposal , and provides neighboring residents and business owners the opportunity to learn • more about a proposal and raise concerns and objections to the proposal if they so wish. Mr. Stitt cited the six criteria the Commission must consider in reviewing a Conditional Use request, these being: 1. 2 . 3. 4. 5. 6. Uses Permitted. The use must be permitted as a Conditional use in the zone district in which it is proposed to be located. The Conditional Use must be consistent with the intent of the Comprehensive Plan and the policies therein . The relationship of the Conditional Use to its surrounding area shall be considered in order to minimize adverse effects to both the existing and future development indicated by the Comprehensive Zoning Ordinance , by traffic circulation, building height or bulk, lack of screening, or intrusions of privacy, noise, light , impact on housing, schools, public utilities , or governmental services . The number of off-street parking spaces shall not be less than the requirements of Sec- tion 16-5-5 of this Ordinance unless evidence presented to the Planning Commission would justify the reduction of off-street parking requirements. The Conditional Use shall meet all other applicable provisions of the Englewood Mu- nicipal Code . Other factors which , in the opinion of the Commission, will protect and promote the health , safety and welfare of the citizens. 2 • , • • • Mr. Stitt stated that the industrial areas in Englewood are divided into four areas, this north Englewood area is designated as "Area 2" in the Comprehensive Plan. The Plan contains no specific recommendations for this industrial area other than to "maintain the integrity of the industrial area". Mr. Stitt stated that this area will accommodate infill development. Mr. Stitt stated that a "small area plan" is being developed for this north Englewood neigh- borhood, but it will be a few months before it is completed. Until this plan is completed, staff cannot adequately analyze the impact of this proposal on the neighborhood . Mr. Stitt addressed impacts, as enumerated in citation #3, noting that no "screening" is re- quired, but that landscaping requirements do have to be complied with . The "firing" lanes will be constructed below-grade in a concrete structure, and noise should be minimal. There will be lighting of the parking lot. The proposed use will have no impact on schools, utilities ar e in place, and a new structure should increase the property values resulting in increased tax revenues. Staff recommends that a minimum of 20 off-street parking spaces be provided on- site. Mr. Dummer asked if staff visited or investigated other indoor firing ranges. Mr. Stitt stated that staff did not. Mr . Stitt cited the location of some of the ranges of which he is aware, and noted that they are in commercial areas -not industrial. Mr. Weber inquired about the impact of the moratorium on business licenses on this proposed use . Mr. Stitt stated that there is no general business license required, and Mr. Peterson sub- mitted his application prior to the imposition of the development moratorium enacted for the north Englewood area. Ms . Cottle asked if staff had contacted the Englewood Police Department regarding the pro- posed range. Mr. Stitt stated that staff had called, but has received no response to this date. Mr. Stitt stated that an ATF license will be required, and the Police Department will be in- volved at that time. Ms . Cottle inquired about the landscaping of the site . Mr. Stitt stated that the plans indicate the applicant will comply with the minimum requirements. Compliance with the landscaping provisions is required on all development, and is not a "negotiated" condition in conjunction with a Conditional Use approval. Mr. Weber asked if this were proposed in a commercial district, would there be different landscaping requirements. Mr. Stitt responded negatively. Ms. Cottle noted that there ppear to be several residential uses in the block. Mr. Stitt stated that the residential uses are in an industrial district, and are non-conforming. Mr. James Peterson was sworn in, and testified that he has been considering developing the indoor shooting range for several years. He testified that he and his family have owned the property for 45 years; he has an air conditioning/heating company immediately to the south of the subject site which has been there for 18 years, and has rented out the old residence on the subject site for approximately 15 years. The proposed development revenues will help them 3 through "slow times" for the heating/air conditioning business. He proposes to raze the structures (old house and garage) on the subject site, and construct a totally new building to • house the shooting range and retail outlet for the sale of firearms. The shooting lanes will be constructed approximately 12 feet below-grade, and the construction will be concrete and cin- der block. The upper level will be used for the retail outlet, offices, and maybe a couple of classrooms for gun safety instruction . Mr. Peterson stated that the establishment will comply with all requirements of OSHA and the NRA safety guidelines . There will be an area for "spectators" which will be separated by the required safety glass or plastic from the firing lanes. There will be 10 firing lanes, separated from each other by required safety walls. Mr. Welker asked for more information on the type of structure proposed. Mr. Peterson stated that the structure is proposed to be one story above grade, of cinder block construction with 8" concrete below-grade. Ms . Tobin inquired what security provisions are proposed for the development. Mr. Peterson stated that a security system hooked directly into the Police Department will be installed. He stated that he has a similar system currently in his air conditioning/heating business because of problems with break-ins, and it seems to work quite well. Ms. Cottle asked how spent lead and casings collected in the traps is disposed of. Mr. Peter- son described the "funnels" leading into a "bucket" in which the spent lead is collected; this spent lead is then sent out for recycling . Ms. Cottle asked if there would be floor drains in the building. Mr. Peterson stated there will • be; they will have to install a lift pump to raise the drainage to the sewer line. Ms . Cottle asked if Mr. Peterson had done a survey to determine interest for this type of use in this area. Mr. Peterson estimated that he has talked to 3,000 people over the last four years, not just from this immediate area. Reaction is mixed, with some people not being in favor of anything pertaining to firearms. Mr. Peterson stated that he has contacted the property owner/resident immediately to the north, there are no residents to the west of the subject site, and the people to the east did not object to the proposal. Mr. Welker asked the hours of operation for the shooting range . Mr. Peterson stated that the hours would probably be 9 :00 a.m. to 9:00 p.m. weekdays, and weekends they would close around 5:00 p.m. or 6:00 p .m. Mr. Welker asked how many vehicular trips per hour this use would generate . Mr. Peterson estimated possibly 15 vehicles per hour at their busiest time. Ms . Cottle asked if Mr. Peterson has discussed the proposal with the Englewood Police De- partment. Mr. Peterson stated that he has spoken to some of the officers regarding the pro- posal , but did not formally pursued discussions until he gets a determination of the Commis- sion on the proposal. He stated that he would like the officers to use the facility for their gun 4 • • • • • qualification requirements, and would meet with the Department prior to construction so that the range could be built to accommodate specifications of uniformed officers . Mr. Douglas asked if the 20 parking spaces on-site created any problem with the proposed de- velopment. Mr. Peterson stated that there is ample room for the 20 parking spaces, and that more could be provided if necessary. Mr . Douglas inquired about maintenance of the landscaping; will the applicant keep any of the existing mature trees and grass. Mr. Peterson stated that there are a couple of large pine trees which he will remove ; there will be new trees, shrubs, and some grass. Mr . Peterson described some of the safety features he proposes for the development, one of which will be a safety device just inside the entry to determine if a gun is loaded/unloaded. Clients will be able to load their weapon only in the firing stalls . The range will accommodate only hand-guns. David Peterson was sworn in . Mr. Peterson stated that in his opinion , the proposed business is the type of establishment the City would want in their future plans. The intent is to clean up the subject site, get rid of the small run-down house and garage, and place new improvements on the property . Mr. Douglas asked if there was anyone else who wished to speak in favor of the proposal. No one else addressed the Commission in favor of the proposal . Mr. Douglas asked if anyone wanted to speak in opposition. Aladino Archuleta , 2964 South Galapago Street, was sworn in. Mr. Archuleta stated that he owns the property immediately to the north of the proposed firing range , and maintains a home there . Mr. Archuleta stated that he is not familiar with shooting ranges, but he is concerned about safety issues, noise impact, and the assurance of privacy for he and his family. Mr. Ar- chuleta stated that he does not want light from the shooting range impacting the use of his property , nor does he want the alley blocked by shooting range customers so that he cannot access his garage. Mr. Archuleta asked that a privacy fence between the shooting range and his property be required, and that the business close by 9 p.m. Mr. Archuleta further dis- cussed his concerns regarding safety, noting that he and his family enjoy back-yard barbecues and picnics and don 't want stray bullets coming into their yard and house. Mr. Archuleta stated that he and his family do not want to live in fear. David Peterson again addressed the Commission; they propose a six foot (6') privacy fence along the north property line . Entrance to the parking lot will be from South Galapago Street; they plan to "make it difficult" to access the parking lot from the alley . Noise will be minimal because the firing lanes will be underground in a concrete/cinder block structure. Mr. Peter- son stated that the parking lot will be on the north side of the proposed development . 5 Ms. Carol Tomasso was sworn in, and testified that she lives in the immediate vicinity of South Bannock Street and West Cornell Avenue. Ms . Tomasso stated that she is a member of the NEON (North Englewood Organization of Neighbors) group that has been formed by the • residents to address common issues of concern. One of the primary issues of concern is that of traffic and children. Ms . Tomasso addressed the volume of traffic that feeds through this neighborhood on a daily basis, and suggested that the clients going to the shooting range will be using Bannock Street , Bates Avenue, Cornell Avenue , and Dartmouth Avenue to reach the site . The traffic impact on South Galapago itself may not increase that much , but she ques- tioned whether other heavily used streets could accommodate the traffic generated by the pro- posed range. Ms . Tomasso stated that she does not like the idea of gun sales in close proxim- ity to the residential neighborhood. Ms. Tomasso also addressed the possible redevelopment of the General Iron Works site, the Brownfields study proposed on the GIW site, and perhaps this should also be taken into consideration by the Commission . Ownership of guns by individuals was discussed . Ms . Tomasso stated that there have been too many accidents with kids and guns , and it is of great concern to her. Ms . Tomasso stated that NEON is trying to get the residents of the neighborhood involved in improvement efforts , and would like to see more contact with the people of the neighborhood to get a truer opinion of the proposal from those ~fected. Mr. Dummer noted that , in regard to Ms . Tomasso 's expressed concerns regarding children and guns, the applicant has indicated he proposed one or two classrooms for hunter and gun safety . He suggested that this would be an opportunity for scout troops and other organiza-• tions to assure young people learn gun safety by taking advantage of this facility. Ms. Tomasso noted that one is constantly reading about , or hearing about , children finding parents ' guns and ensuing accidents . Ms . Tomasso suggested that the recently imposed devel- opment moratorium is a good time to step back and reassess the entire neighborhood . This may be unfortunate timing for the applicant , but until determination is made regarding the GIW site it might be wise to hold all in abeyance . Ron Gold, 2812 South Bannock Street, was sworn in and testified that he has lived in Engle- wood for 20 years , and has his business , Gold Sound , on South Broadway . Mr. Gold stated that he, also , is a members of NEON. Mr. Gold referenced materials from the NRA, and the Audio Encyclopedia during the course of his testimony . Mr. Gold also expressed concern re- garding increased traffic through the residential neighborhood, and asked that off-street park- ing be required . He noted that the existing structure appears to be old frame construction. Mr. Gold cited decibel levels to be expected from a multiple-gun range , and stated that this volume of sound in a residential district is not appropriate. Mr. Gold stated that, in his opin- ion , it is bad enough the City has allowed pawn shops to locate in the City , but to impose the shooting range /gun retail outlet would only be a magnet to attract a greater criminal element. Mr. Gold cited an article from Life Magazine which article cited a number of deaths by fire- arms : in only one instance was death the result of criminal action by a perpetrator unknown to the victim. 6 • • • • • Mr. Gold was informed by members of the Commission that, due to his late arrival, he did not hear the applicant's presentation in which he discussed razing existing structures, and con- struction of a new, concrete/cinder block building with the firing lanes underground. Ms. Cottle asked Mr. Gold if there was no retail sale whether he would still be opposed to the firing range. Mr. Gold answered affirmatively. Ms. Cottle asked Mr. Gold whether he would be opposed to industrial development were the General Iron Works site to redevelop as such. Mr. Gold stated that he did not know at this time. He pointed out that there is vacant industrial land west of South Santa Fe Drive that could be used for the shooting range and would not adversely impact a residential neighbor- hood. Cathy Wilks was sworn in, and testified that she lives to the south of the proposed develop- ment, in the 3000 block of South Galapago Street. She and her husband purchased their prop- erty app~oxirnately two years ago. Galapago Street is very narrow, the neighborhood is quiet, and increased traffic will add to conflicts between kids and cars . Ms . Wilks inquired about advertising methods used to publicize the location of the firing range if it is approved . She suggested that it would be degrading to the Englewood Depot site were a sign to be posted ad- vertising the shooting range one block north. Ms. Wilks discussed the socio-economics of the neighborhood, expressing her concern about increased graffiti, people walking through the neighborhood carrying guns that might be loaded. She noted that there is a considerable police presence in the neighborhood at the present time, and that the shooting range would increase the need for police surveillance. Ms. Wilks suggested that this is not the best use for this area. She urged more community involvement in development in this neighborhood. Mr. Welker stated that off-site signage is not permitted . Mr. Douglas asked if anyone else wished to speak. No one so indicated. Mr. Douglas asked for a motion to close the Hearing . Dummer moved: Tobin seconded: The Public Hearing on Case #CU-97-02 be closed. AYES: NAYS: Tobin, Weber, Welker, Cottle, Dummer, Styes, Douglas None ABSTAIN : None ABSENT: Garrett, Horner The motion carried. Mr. Douglas asked the pleasure of the Commission . 7 Welker moved: Dummer seconded: The application filed by James Peterson, 7618 South Datura Circle, Lit- tleton, CO 80122, for Conditional Use approval of a commercial indoor shooting range proposed for 2980 South Galapago Street, be approved with the following requirements: 1. A minimum of 20 off-street parking spaces shall be provided on- site. 2 . A minimum six-foot privacy fence shall be required along the north property line of the subject site . 3. There shall be no vehicular access to the on-site parking lot from the alley . Mr. Douglas called for discussion on the motion. Mr. Welker stated that there is a lot going on in this neighborhood, and the recent develop- ment moratorium enacted by the City Council provides a window of opportunity to determine how the area should redevelop. A lot of things can happen, and whether the redevelopment is industrial or not might be of concern. Mr. Douglas stated that a property owner is willing to spend money to improve his property, but the Commission must consider the impact this proposed development will have on future • development. The North Englewood Development Plan isn't in effect, so the staff and Com-• mission have nothing to check against. Ms. Tobin pointed out that Mr. Peterson filed his application before the development morato- rium went into effect. Mr. Douglas pointed out that the Commission is into the process of considering amendments to the Comprehensive Plan; the proposal may not fit in with future development plans . Ms. Tobin pointed out that the site is used for industrial/business purposes now. Mr. Welker stated that if the Plan revisions should not allow business or industrial de- velopment in the area, the building as described should be easily retrofitted . Mr. Welker pointed out the proximity of the railroad tracks to this site as a point of consideration . Ms. Cottle suggested that the North Englewood plan will address a number of the residents' concerns regarding traffic; she further suggested the impracticality of downzoning the GIW site for residential development. Ms. Cottle expressed the opinion that the industrial develop- ment in the area will not "go away"; she further commented that the Messrs. Peterson have been in business in this immediate area for many years, and the redevelopment will be an im- provement to the property and add to the tax base . Mr. Welker stated that Dartmouth Avenue will probably serve as a main route of access to Galapago, and north on Galapago to the site. He estimated that the projected increased traffic appears to be something that would fit into the residential area. 8 • • • • Ms. Tobin commented that the fear of people walking down streets and alleys with loaded guns is extremely unlikely ; the clientele frequenting the shooting range will come via vehicle . Mr. Weber asked what type of ceiling the shooting range will have ; if the offices and class- rooms are proposed for the first floor , there will have to be heavy soundproofing to allow us- age of both floors . Noise impact beyond property lines was discussed. Mr. Stitt and Ms . Re id cited sections of the Englewood Municipal Code pertaining to permissible noise levels in specific zone districts . Lighting was also addressed. Mr. Dummer noted that a six foot privacy fence may not deter lighting from impacting adjoining properties , depending on the height and foot candle rating of the lights in the parking lot. Mr. Welker suggested that lighting of the parking lot could prove to be beneficial to the neighborhood. Ms. Styes commented that the Commission has heard from neighbors who expressed concerns regarding kids and guns, concern over the sale of guns , and the efforts this area is putting forth to improve the neighborhood . She questioned if this is an appropriate use for an area that is trying to improve . Mr. Weber pointed out that gun sales can occur in any retail area along South Broadway , which is in much closer proximity to residential areas than th is site . Ms . Styes acknowledged that a lot of the concerns are based on a philosophical attitude regarding guns , and said that she would personally find it easier to accept the firing r ange if the sale of firearms were not proposed in conjunction with the range . Ms . Styes emphasized that it ap- pears the residential neighborhood is trying to move forward as a collective unit, and that they may not have been as informed of this proposal as they should have been . She pointed out that Mr . Peterson said he has talked to hundreds of people, yet the residents speaking during this Hearing said they were not contacted . Mr. Welker pointed out that the property was posted , and public notice was given in the official City newspaper. Ms. Cottle suggested that the NEON membership make efforts to encompass the business owners in the neighborhood , and get them involved in the improvement process , also . Mr. Douglas asked if there was further discuss ion. He then called for the vote on the motion . AYES : NAYS : ABSTAIN : ABSENT : Dummer , Styes , Tobin, Weber , Welker , Cottle , Douglas None None Garrett , Homer The motion carried . Members of the audience were thanked for their attendance and participation in the Hearing . 9 [Secretary's Note: Certification of Posting and verification of Public Notice published in the Englewood Herald June 19, 1997, were presented and are hereby made a part of the record of • the Public Hearing.] * * * * * * * * * * Mr. Douglas declared a short recess of the Commission at 8:30 p.m. The Commission reconvened; seven members present, Mr. Garrett and Mr. Homer absent. * * * * * * * * * * IV. NORTH ENGLEWOOD SMALL AREA PLAN CASE # CP-97-03 Mr. Graham, Neighborhood Coordinator, discussed the "small area plan" for the north Englewood neighborhood -boundaries are West Dartmouth A venue on the south; West Yale Avenue on the north; South Broadway on the east, and South Santa Fe Drive on the west. The South Broadway Action Plan is the impetus for the small area plan. The General Iron Works site has been identified as a potential redevelopment site. Mr. Graham referenced the presen- tation on the Brownfields EPA grant presentation made to the Commission a couple of months ago, whereby funds granted from EPA would be used to form a revolving loan pool to finance remediation studies of contaminated sites. The NEON group has been informed of the Brown- fields EPA effort, and he will be meeting with NEON on July 14th regarding the "small area plan". Mr. Graham stated that this north Englewood neighborhood is an area in "transition" • and that residents are working together to improve the area. A moratorium on business development/redevelopment is in effect until February, 1998 to provide a window of opportunity to complete the small area plan, and other steps needed to foster the efforts of the residential community. Mr. Graham estimated that the work on the "plan" can be completed by September, and brought before the Commission and Council for enactment shortly thereafter. Other steps, such as rezoning, if warranted, will then be sched- uled to facilitate the land use recommendations . Mr. Graham emphasized that the Small Area Plan will be an "amendment" to the Comprehen- sive Plan . Within the next three months, staff will be addressing several issues in development of the small area plan. Ms. Tobin asked if traffic will be one of the issues addressed. Mr. Graham stated that traffic impacts will be addressed during the course of plan development. Mr. Graham stated that we may be contracting with a planning firm to assist staff in plan de- velopment, but emphasized that no contracts are entered into at this time. Ms. Tobin commented that consultant firms are costly, and once the study is completed the firm is gone and will not be accountable to the people. Mr. Graham stated that staff will be actively involved in the development of the plan, but the consulting firm would provide sup- port and assistance in plan preparation. Mr. Graham noted that bids have not been requested , so he cannot address the cost factor raised by Ms . Tobin. • 10 • • • Ms. Cottle asked if the PUD process could be used inasmuch as the assessment of the GIW site through the Brownfields program probably will not be completed prior to completion of the small area plan. Mr. Graham stated that the City will probably not have authorization to use the EPA assessment funds until sometime in August; it will then be another 45 to 60 days to obtain test samples to determine the type of contaminants. Mr. Graham briefly discussed the risk/base closure or the balance of clean-up cost with proposed development; the GIW site will not, in all likelihood, be developed for residential use. However, the site does not have to be developed with auto crushers, or used as a chemical storage site. The objective is to in- crease the compatibility of whatever is put on the GIW site with the residential neighborhood, and elements of that compatibility will include issues such as traffic, noise, zoning, road alignments, etc. Another issue to be considered is the possibility of a light rail stop in this immediate area; more investigation needs to be done to determine how a light rail stop can be sited in this area. Mr. Simpson noted that use of consultants can be considered as "tools" to achieve goals -in this case, development of the small area plan and implementation steps to meet the moratorium deadline as imposed by the City Council. Mr. Simpson acknowledged that consultants can be "costly", but use of such support resources also allows staff to use their time more effectively. Mr. Graham stated that the small area plan is well suited to the tasks before the Commission; if a proposal is brought forth that is industrial or retail in nature, an analysis on job creation, revenue generation, and other benefits would be considered as well as adverse impacts and compatibility with the residential component of the neighborhood. The small area plan must be consistent with, and an amendment to, the Comprehensive Plan; the small area plan will be more specific than the Comprehensive Plan. Members of the Commission thanked Mr. Graham for his presentation and discussion . V. CAPITAL Thfl>ROVEMENT PROGRAM. 1998 -2003 Mr. Stitt led discussion on the proposed Capital Improvement Program, noting that the City Charter requires that the Planning Commission recommend a proposed program to the City Manager. There are 10 funds from which projects may be financed; Mr. Stitt described these funds, and the sources of revenue for those funds. Mr. Stitt stated that projects are submitted by the various City Departments, and the Departments of Finance and Public Works compile the requests and prepare the proposed CIP . A "capital" project is determined to have a "life span" of at least five years. Funds such as the CERF (Capital Equipment Replacement Fund) is used to accumulate funds for the replacement of items such as city vehicles, heavy equip- ment, etc. Patrol vehicles, for instance, are replaced on a regular basis because these vehicles are in use 24 hours per day, every day. Discussion ensued. Commission members asked for clarification on various listed projects, and whether specific projects were included in the projected funding. Mr. Simpson pointed 11 out that there are several projects included in the CIP that were proposed by the NBD Depart- ment. Mr. Stitt stated that in the past, Commission members have also suggested projects they wanted to see funded, such as a community garden, or a museum. Mr. Simpson stated that citizens may participate in the process by attending the Public Hearing before City Council. He estimated this Public Hearing would be sometime in September. Further discussion en- sued. Mr. Douglas asked the pleasure of the Commission. Tobin moved: Styes seconded: The Planning Commission accept and recommend to the City Manager the Capital Improvement Project proposal, as prepared, for the years 1998 -2003. AYES: NAYS: ABSTAIN: ABSENT : Styes, Tobin, Weber, Cottle, Dummer, Douglas None Welker Garrett, Homer The motion carried. IV. RIGHT-OF-WAY VACATION 1200 -1500 Block West Prentice Avenue CASE #97-02 Mr. Stitt stated that this is a joint application by the City of Englewood and South Suburban Parks and Recreation District to correct the alignment of West Prentice Avenue which is on the south side of Cornerstone Park. Mr. Stitt presented a map showing the present alignment of the street, and also presented a map showing the corrected alignment. The corrected align- ment of the street will facilitate improvements along West Prentice Avenue which are sched- uled in 1998. Ms. Tobin stated that a letter and petition was presented to her regarding Cornerstone Park and references fees charged to Englewood residents, and requesting the City to withhold approval of any modifications to the Planned Development until the fee inequities are resolved. She stated that the letter and petition contain 35 signatures. Mr. Simpson stated that the letter and petition are addressing an entirely different issue than what is before the Commission. The issue of fee inequities is a political issue to be addressed by the City Council; the Planning Commission must concern itself with land-use issues. Mr. Simpson stated that an application has been filed for minor modifications to the Planned De- velopment, which, in the opinion of staff could be handled administratively; however, City Council has been apprised of the proposed modifications and have directed that the applicant 12 • • • • • • (South Suburban Parks & Recreation) be taken through the formal Public Hearing process to amend the Planned Development. Discussion followed . Mr. Douglas asked the pleasure of the Commission. Weber moved: Tobin seconded: The Planning Commission recommend to City Council that the vacation of right-of-way in the 1200 -1500 block of West Prentice Avenue be approved to correct the alignment of said street. AYES: NAYS : Styes, Tobin, Weber, Welker, Cottle, Dummer , Douglas None ABSTAIN: None ABSENT : Homer, Garrett The motion carried. VI. PLANNING C01\.1MISSIONER'S HANDBOOK. Mr. Simpson noted the time , and suggested that the Commission might want to delay discus- sion of the Handbook to a later date. The possibility of adopting the Handbook and making amendments once use of the Handbook began was discussed. It was the consensus of the Commission and staff to delay discussion until the first meeting in August , if time permits . VII. PUBLIC FORUM. There was no one present to address the Commission. VIII. DIRECTOR'S CHOICE. Mr. Simpson extended a welcome from the staff to Ms . Kris Styes , appointed by the City Council on July T11 to complete the term of Robert Mason. Mr. Simpson noted the recently prepared Activity Report . This Activity Report gives Board and Commission members, City Council members, and other Departments, a sketch of activi- ties the NBD staff handles. This Activity Report will be updated on a quarterly basis. Mr. Simpson stated that City Council accepted the resignation of City Manager Clark effective July 7, 1997. City Council named Charles Esterly, Public Works Director, as Interim City Manager . Mr. Esterly has named Jerrell Black as an Interim Assistant City Manager, and Mr. Rick Kahm will be the Acting Director of Public Works while Mr. Esterly is working as City Manager. Mr. Simpson stated that he has been designated as Project Manager for the Cinder- ella City redevelopment project. 13 Mr. Weber asked what ramifications the bankruptcy proceedings for Montgomery Wards will have on the redevelopment efforts. Mr. Simpson stated that this will have to be sorted out -• work on termination of the Montgomery Ward lease with Equitable was nearing conclusion, but the bankruptcy may delay matters. Final negotiations are in process on the purchase/sale agreement with Equitable. Equitable has selected an environmental contractor for remediation of asbestos in the Mall; this is estimated to take several months. The developer did present a preliminary site plan of the proposed redevelopment to the City Council on July 7 1 , 1997. Mr. Simpson stated that this is a difficult time period; he does, however, feel that progress is being made and the project is moving forward . IX. COMMISSIONER'S CHOICE. Members of the Commission welcomed Ms. Styes to the Commission. Everyone present in- troduced themselves, and gave a brief work history of themselves. X. ADJOURN. The meeting adjourned at 9 :55 p.m. Gertrude G. Welty, Recording 14 • •