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HomeMy WebLinkAbout1995-07-05 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COM1\1ISSION JULY 5, 1995 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, Vice Chairman Charles Redpath presiding. Members present: Tobin, Weber, Douglas, Dummer, Garrett, Homer Oate), Redpath, Shoop Members absent: Mason (with previous notice) Also present: Planning Administrator Harold J. Stitt Assistant City Attorney Nancy Reid II. APPROVAL OF MINUTES. June 20, 1995 Vice Chair Redpath called for consideration of the Minutes of June 20, 1995. Garrett moved: Tobin seconded: The Minutes of June 20, 1995 be accepted as written. AYES: NAYS: ABSTAIN: ABSENT: Tobin, Weber, Douglas, Dummer, Garrett None Redpath, Shoop Homer, Mason The motion carried. ill. DUGGAN PETROLEUM COMPANY 4495 South Santa Fe Drive CASE #5-95 Vice Chair Redpath stated that the issue before the Commission is a Public Hearing on a Planned Development application filed by Duggan Petroleum Company, 4495 South Santa Fe Drive, and moved to open the Hearing. Redpath moved: Tobin seconded: The Public Hearing on Case #5-95 be opened. 1 AYES: NAYS: ABSTAIN: ABSENT: Shoop, Tobin, Weber, Douglas, Dummer, Garrett, Redpath None None Horner, Mason The motion carried. Harold J. Stitt, Planning Administrator, was sworn in. Mr. Stitt presented proof of publica- tion of the Public Hearing to the Chair. The request for Planned Development approval was filed by Duggan Petroleum Company, for property on the southwest corner of South Santa Fe Drive and West Union Avenue. The property is a little over two acres in size, and zoned I-1, Light Industrial. The Comprehensive Zoning Ordinance requires that any parcel in excess of one acre must have Planned Development approval prior to development. The applicants pro- pose to develop a convenience store, car wash , lube shop , and car/large truck fueling islands. Mr. Stitt discussed issues that were raised by other City Departments during the review proc- ess. A number of issues raised by the Community Services Division pertain to Building Code and Fire Code requirements or restrictions, but were raised to alert the applicant of the need to address those concerns. These concerns were then discussed with the applicant ; the plans have been revised to address some of the concerns , and the applicant will work with the Community Services personnel to resolve matters of fire resistive construction and placement of fuel pumps. The resolutions may be pursued by way of filing an appeal to the Building Code re- quirements , or requesting an interpretation by an ICBO official on the requirements. These issues do not bear on approval of the Planned Development. Location of fuel dispensing pumps in proximity to property lines was a concern ; dispensing pumps may be no closer to a property line than 10 feet. This issue has been resolv ed by the deeding of 10 feet from one "parcel " of the total site to the other "parcel " to provide the re- quired 10 foot distance. The access easement has been relocated , and will now be from Union Avenue. The applicants wanted two curb cuts on Santa Fe Drive, which request has been deni ed by the Colorado Department of Transportation (CDOT). The plans have changed accordingly to ac- commodate this denial, and the curb cut on Santa Fe frontage must conform to WB-50 stan- dards to accommodate trucks 50 feet in length. There will be an "island" in the curb cut which will restrict turning movements to right-in /right-out. The Utilities Department comments allege service to the site by two agencies: the South Englewood Sanitation District , and the City of Englewood. If the applicant wishes to have the total site served by the City of Englewood , they must first de-annex the northern portion of the site from the South Englewood Sanitation District. All sanitary sewer must be cut off from the mains prior to any demol ition on the site. A proper oil and sand trap will be required for the car wash. 2 Water is now served to the site by the Denver Water Department. Mr. Stitt cautioned that Denver may require that this development be served by the Englewood Water Department, and if this is correct, there will be additional expense to the applicant. Mr. Stitt stated that there are no deviations from the I-1 Zoning regulations in this Planned Development, all requirements for parking, landscaping, etc. are in compliance with the regu- lations. Mr. Redpath stated that the issues regard ing sanitary sewer service and water service should be firmed up prior to referral of the proposal to City Council. Mr. Stitt stated that the applicant should address those issues. Mr. Stitt reiterated that the issues pertaining to the Building Code and Fire Code are not part of the Planned Development consideration, but were raised by the Community Services staff to put the applicant on notice that these issues will have be ad- dressed prior to building permit issuance. Mr. Weber inquired about storage of flammable liquids above ground, and cited the above- ground propane tanks shown on the plan. Mr. Stitt stated that the tanks are for "dispensing" of propane, and not for "storage". The Fire Marshal did review this issue and it is not a problem. The emergency access easement was briefly discussed. Mr. Stitt stated that the existing ease- ment will be vacated, and emergency access will be from West Union Avenue. It was noted that site data for Lot B was shown on the plans , but not for Lot C. Data for both lots will need to be shown on plans to be referred to City Council. Ownership of the site was discussed; Parcel "B" is owned by Duggan Properties, and Parcel "C" is owned by Pat and Ann Duggan. Area traffic patterns were considered. Mr. Stitt stated that there will be no acceleration- deceleration lanes on South Santa Fe Drive. Union A venue and South Santa Fe will be a con- trolled, signalized intersection. There will be no additional right-of-way required along West Union Avenue. Messrs. Pat and Mike Duggan were sworn in. Mr. Pat Duggan explained the ownership of the parcels. Mr. Duggan also addressed the issue of the sanitary sewer; no part of the site is served by the South Englewood Sanitation District, all of the site is served by the City's sewer system. Mr. Duggan stated that Denver i s replacing water lines in the area now, but that he plans to purchase two additional water taps from Englewood. Existing water taps serve the present development (motel, Texaco station, Klockner residence and body shops). The addi- tional water taps he plans to purchase from the City will be sufficient to address the needs of the proposed new development. Mr. Redpath asked if the proposed development is in compliance with the improvements along Santa Fe Drive. Pat Duggan answered in the affirmative. 3 Ms. Tobin inquired about access from West Union Avenue. Mr. Duggan stated that there is one existing curb cut on West Union Avenue, and there will be a second curb cut further west. e Mr. Duggan noted that both of the main motel buildings will be razed. There is one small building, connected to the Klockner residence and the body shops will remain; these are not owned by the Duggans. The Texaco station and all appurtenances will be demolished. The new development will be done in one phase; they propose to sell propane, diesel, and gasoline for general vehicles, and for large trucks. Mr. Horner addressed the issue of landscaping, noting that some of the trees indicated on the plan are very "vigorous growing" trees, and cautioned that trees may be planted no closer than five feet to the property line. Mr. Mike Duggan, previously sworn, presented the Certification of Posting to the Chair. Mr. Duggan then reviewed his discussions with Mr. Shields, the architect. Mr. Shields offices in Fort Collins, and had drawn the plans following his discussions with CDOT personnel in the Fort Collins district. CDOT requirements in District VI are more stringent, and require the island in the curb cut; this will be included on plans to be sent to the City Council. Mr. Horner asked if the Tri-Cities design group developed any landscaping concepts for the Santa Fe corridor. Mr. Stitt discussed the work of the Tri-Cities group, noting that the identi- fied "gateways" to the three cities (U.S.285/Santa Fe Drive; West Oxford Avenue/Santa Fe Drive; and the Littleton gateway at approximately Mineral A venue) were to be landscaped, and as many "pockets" of landscaping as possible were to be provided. EDAW from Fort Col- lins was retained to do the preliminary design work for landscaping and this has served as the basis for what CDOT has done. The basic plan has been "fleshed out" by Diane Yates from DeLeuw Cather. A large portion of the landscaping is on the public right-of-way. Mr. Stitt stated that property owners along Santa Fe Drive have been contacted regarding the landscap- ing and the City has worked with the property owners on this issue. Mike Duggan stated that he has spoken to Mr. McCleary of ICBO on the issue of the canopy and size of the convenience store. Mr. McCleary explained the reasoning behind the fire re- sistive separation requirement, and said that it will be up to the local Chief Building Official to determine whether it's appropriate in this case. Mr. Duggan estimated to upgrade the glass in the front of the building to meet the fire resistive restrictions in the Building Code will cost $120,000. Mr. McCleary advised Mr. Duggan that he will work with them if they have to appeal the provisions of the Building Code. Mr. Duggan stated that he has spoken to Chief Building Official Baker, who has stated that she wants it on public record that an appeal was made and granted regarding the issue of the fire resistive separation. Brief discussion fol- lowed. Mr. Weber noted that signage indicated on the plan seems to exceed height limitations as set forth in the Sign Code. Also, square footage for some signs appears to exceed the maximum allowed. Pat Duggan responded that they haven't addressed height and square footage of sig- nage yet. Mike Duggan further discussed the signage issue. Mr. Horner asked who approved signage applications. Mr. Stitt stated that permits for signs are issued by the Community 4 Services Division, and signs must be in compliance with the Sign Code, or a variance issued therefore. Mr. Duggan provided clarification on fuel pump designations. Mr. Redpath asked if Mr. Greg Rickstrew wished to address the Commission. Mr. Rickstrew declined to do so. Garrett moved: Horner seconded: The Public Hearing be closed. AYES: NAYS: Tobin, Weber, Douglas, Dummer, Garrett, Horner, Redpath, Shoop None ABSTAIN: None ABSENT: Mason The motion carried. Brief discussion ensued. Garrett moved: Tobin seconded: The Planning Commission recommend that City Council approve the Duggan Petroleum Company Planned Development as presented. AYES: NAYS: Weber, Douglas, Dummer, Garrett, Horner, Redpath, Shoop, Tobin None ABSTAIN: None ABSENT: Mason The motion carried. The Commission thanked the Messrs. Duggan for their attendance and wished them well on their proposed development. IV. PUBLIC FORUM. No one was present to address the Commission. V. DIRECTOR'S CHOICE. Mr. Stitt reminded Commission members they are invited to attend the reception for the Community Development Director applicants, which will be held on July 6th, 5:30 P.M., at Woody's Club. Mr. Stitt expressed his appreciation to the Commission for their support on his behalf .. Brief discussion ensued. Ms. Tobin and Messrs. Shoop and Horner stated they will plan to attend the reception. 5 Mr. Stitt stated that the City of Englewood is experiencing major changes in the community, a and the role of the Planning Commission will become more important with the redevelopment W of the Mall area, and updating the Comprehensive Zoning Ordinance and the Comprehensive Plan. Mr. Stitt emphasized that no matter who is selected as Director of Community Devel- opment, it will be imperative that the Director and Commission work together to meet the challenges forthcoming. Mr. Stitt stated that the City Council scheduled a Public Hearing on the South Denver Medical Plaza Planned Development; the hearing will be on August 7, 1995. A Public Hearing has been scheduled before the Planning Commission on July 18 to consider amendment of the R-3, High Density Residence District, to allow veterinary hospitals and clinics as permitted uses in that zone district. City Attorney Brotzman entered the meeting during this discussion. VI. COMMISSIONER'S CHOICE. Ms. Tobin recalled that discussion at the last meeting indicated that "planning" was not impor- tant; she commented that the reason she has participated on the Planning & Zoning Commis- sion is to do "planning", and that if "planning" is eliminated from the program she will submit her resignation. Mr. Stitt introduced Ms. Nancy Reid, Assistant City Attorney, to the Commission. Mr. Garrett inquired about the Gothic Theater. Mr. Stitt stated that a group of investors has purchased, or has a contract to purchase, the theater; the proposal is to rehab the theater and present a different "venue" of entertainment. Mr. Kent Krausman has been in contact with the staff regarding this proposal. Mr. Garrett inquired about the redevelopment agreement on the Mall. Mr. Stitt stated that he understood that issues are pretty well resolved, with the exception of the transfer of property to the City. Mr. Horner asked if there is any way the Planning Commission could get a preview of the proposed redevelopment; he stated that he did not want to see the Commission placed in the same position as they were with Trolley Square. Mr. Stitt stated that the only commitment that has been made, to his knowledge, is that there does have to be Planned Development ap- proval. The developer's agreement will not cover such issues as landscaping, design, buildirig colors, etc.; it only grants the right of development to Miller/Kitchell. City Attorney Brotzman cautioned the Commission they must be aware that this developer will "build to suit", and cannot tell the Commission what the redevelopment will look like at this time. Mr. Brotzman suggested the Commission might be shown artists renderings which were considered at the time of redeveloper selection, but, again, emphasized that the finished prod- uct may change from what was depicted. Mr. Brotzman also emphasized that the Commission cannot make any pre-judgment based on a preview of the artists renderings. 6 Mr. Horner asked how the Commission can become involved in the "planning process" for this redevelopment, and reiterated his concern regarding a repeat of the Trolley Square situation. Mr. Brotzman pointed out that the Planned Development process is a "review process", and the Commission will not be able to do much "planning" on this issue. Mr. Shoop commented that he, personally, didn't want to see the plans prior to submission to the Commission for formal consideration. Ms. Tobin stated that she had at least 10 people call her to inquire why the City of Englewood didn't sponsor a July 4th celebration. She asked Mr. Stitt if he could enlighten her. Mr. Stitt responded that during the 1995 Budget process, City Council determined that funds would not be budgeted for the July 4th celebration, or for the parade. The City sent letters to all service clubs, the Chamber of Commerce, the Downtown Development Authority, and South Subur- ban Parks & Recreation, asking some group or organization to step forward to take the lead on these community activities. The lack of response was overwhelming. The City would have contributed in-kind services, such as police and traffic assistance, but no interest was expressed by any community group to take over the responsibility of organizing and fundraising. Mr. Dummer stated that he had spoken with Mr. Gregory Carter of the Broadway Sports Center, who mentioned the possibility of a mortuary/crematorium beginning business in his block; Mr. Carter is concerned. Mr. Dummer asked if there will be something coming before the Commission on this. Mr. Stitt stated that a property owner in the block was considering leasing her property to a mortuary with a crematorium; there are no restrictions against such use in the B-2 District. Mr. Stitt stated that he hasn't heard anything from the property owner for some time, and isn't sure whether the lease went through or not. There was nothing else raised for consideration, and the meeting was declared adjourned. Gertrude G. Welty, Recording Sec h :\pcm0795a 7