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HomeMy WebLinkAbout1995-10-17 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION October 17, 1995 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P.M. by Chairman Mason in the City Council Chambers of Englewood City Hall. Members present: Members absent: Also present: Tobin , Weber, Douglas , Horner, Redpath , Shoop , Mason Simpson, E x-officio Dummer , Garrett City Attorney Brotzman II. APPROVAL OF MINUTES. September 6 , 1995 Chairman Mason called for consideration of the Minutes of September 6 , 1995 . Redpath moved: Tobin seconded: The M inutes of September 6, 1995 be approved as written. AYES: NAYS: ABSTAIN : ABSENT : Weber, Douglas, Horner, Redpath , Shoop , Tobin, Mason None None Dummer, Garrett The motion carried. III. 5200 INVESTMENTS, LTD. Planned Development CASE #9-95 Chairman Mason stated that the issue before the Commission is an application for Planned De- velopment approval filed by 5200 I nvestments, Ltd., with LGC Management as the Managing Partner for properties at 5201 , 5203, 5211 South Broadway, and 180 West Lehow Avenue. Tobin moved: Douglas seconded: The Public Hearing on Case #9-95 be opened. AYES: NAYS: Douglas, Horner, Redpath, Shoop , Tobin, Weber, Mason None 1 ABSTAIN: None ABSENT: Dummer, Garrett The motion carried . Robert Simpson, Manager of Neighborhood and Business Development, was sworn in. Mr. Simpson testified that the applicant for the Planned Development is John H. Held on behalf of Burt on Broadway. Property owner is 5200 Investments, Ltd. The subject property is on the west side of South Broadway on the south side of West Lehow Avenue, and is zoned B-2 , Business. The property is presently developed with three structures along the Broadway front- age, and a structure on West Lehow Avenue which has recently been used for storage and door manufacturing. The proposed Planned Development will govern the development of this property over a pe- riod of time in four phases. The Planned Development is consistent with goals cited in the Comprehensive Plan, which are: 1. To encourage and support the vitality and the existing variety of established businesses. 2. To provide the climate for attracting new business, thus increasing our tax base. 3. To upgrade marginal uses and to replace or rehabilitate deteriorating structures. The proposal does meet the minimum site plan standards and requirements in terms of land- scaping and parking requirements. Mr. Simpson cited comments received from the Utilities Department and the Traffic Division of Public Works. Mr. Simpson stated that comments from the Traffic Division were received late by NBD staff, and were included in the staff report just prior to delivery on October 13th . These comments are as follows: Utilities Department: Prior to issuance of a demolition permit , water must be cut at the water main in Broadway, and sewer must be cut and plugged at the property line. All cut-offs must be inspected by the Utilities Department. Traffic Division: 1) Gates on West Lehow Avenue shall not open outward across the sidewalk. 2) The existing curb cuts on South Broadway (four) shall be consolidated into one curb cut. 3) Broadway is part of the State Highway system; curb cut approval is dependent on the CDOT approval. 4) Four parking spaces (one in Phase I, one in Phase II, two in Phase III) shall be elimi- nated). Mr. Simpson stated that staff recommends approval of the Planned Development with the fol- lowing conditions: 2 1) 2) 3) 4) Required handicapped parking spaces shall be indicated on the Planned Development. In the event that Phase IV is not accomplished within 5 years from the date of final ap- proval of this Planned Development, all remaining la ndscaping must be installed by the close of the following planting season. No dismantled vehicles may be stored outside except in that area identified as "fenced car storage" provided that this "fenced car storage " a rea is screened from public view by a solid 6 foot wooden fence. Staff will follow up on the comments from the Traffic Division with the applicant, the architect, and Traffic Division personnel to find a resolution to this issue prior consid- eration by the City Council. The proof of publication was presented to the Chair. The applicant does have certification of posting. Mr. Mason asked if there were questions of staff. Hearing no questions, Mr. Mason then asked for presentation by the applicant. Gary Harrison, Concepts West, was sworn in. Mr. Harrison testified that he is a registered architect specializing in land planning, and prepared the Planned Development. Development phasing and landscaping renderings were displayed for use during the applicant's presentation. Mr. Harrison reviewed the development proposed to occur during each of the four phases. Phase I would be renovation of the building at 180 West Lehow Avenue to permit truck repair, auto reconditioning, body and paint shop, and commercial vehicle sales. This is interior modification of an existing building; no additional landscaping is required. Phase II would include the demolition of existing Kentucky Fried Chicken/China Kitchen restaurants, con- struction of an addition to the building at 180 West Lehow Avenue to accommodate a truck sales office; additional landscaping will be provided via a 10 foot strip along South Broadway. Phase III will be conversion of an existing restaurant to office use; no additional landscaping will be installed. Phase IV would be demolition of the converted restaurant and development of the site for vehicular display purposes; landscaping would be installed in this Phase. Mr. Harrison stated that he and Mr. Held were made aware of the issue regarding the curb cuts just prior to the meeting. They were also unaware of and are concerned about the staff condition that if Phase IV isn't accomplished within five years that all landscaping must be in- stalled by the close of the following planting season. Mr. Harrison discussed the issue of leases remaining on the restaurant properties, emphasizing that it may not be possible to ac- complish all four phases of the development within five years. Mr. Simpson stated that staff wanted assurance that if Phase IV does not occur, the landscap- ing requirements for the total site will be fulfilled. Discussion ensued. Mr. Horner asked that the members of the Commission keep in mind that landscaping requirements are being based only on "developable" land and not on the total ownership, a large portion of which is the Big Dry Creek 100-year Flood Plain. 3 Mr. Horner noted that the Kentu c ky Fried Chicken restaurant is neat , well maintained , and e well landscaped ; this bus iness does present a clean commercial use along this strip of Broad- way. Mr. Horner inquired about el ev ations o f the truck sales addition . Mr. Harrison stated that elevations are not available; they have not addressed space planning , function planning, etc., and are trying to gain approval of the phasing schedule at this time. Mr. Harrison rei t- erated that the applicant does not have "control" of the restaurants at this point in time, and again cited the issue of leases and options for lease extension. Ms. Tobin inquired about disposition of fluids associated with automoti ve repair shops. How will fumes from the paint booth be handled . Mr. Harrison sug g ested these questions could be answered by Mr. Held . Mr. Redpath expressed concern about increasing traffic in this area. Is there an estimate on the additional vehicular and pedestrian traffic that may be generated by this development. Mr. Harrison stated that no increase in vehicular traffic is anticipated. Mr. Shoop inquired about the curb cut issue. Mr. Harrison stated that the applicants will need to negotiate this issue with the Traffic Di v ision ; to be cut from four curb cuts to one is unac- ceptable to the applicants , and will seriously impair function of the proposed development. Ms. Tobin noted that this section of South Broadway is on the State Highway System, and that CDOT will exercise determination on the number and location of curb cuts. Mr. Harrison re- sponded that the applicant is not asking for additional curb cuts; the four curb cuts are in exis- tence . Mr. Shoop stated it appears that the signalized intersection of South Broadway and Centennial Avenue will be the primary point of ingress/egress. Mr. Shoop asked if employees of this de- velopment also park on-site . Mr. Harrison stated that employees will not be parking on this site; they will park on the east side of the dealership at 5200 South Broadway and walk across South Broadway to this development. Mr. Douglas stated that the zoning classification for this site is B-2 , Business; this district does not permit auto-body shops. Mr. Harrison stated that an auto body shop is not a permitted principal use , but will be an ancillary use to the development and allowed by way of the Planned Development approval. Mr. Simpson verified that the auto body shop and paint booth will be ancillary uses to the truck sales operation . This will not be a "public use'', but used only by the applicant in the course of their business operation. City Attorney Brotzman clari- fied that the ancillary use will be permitted only through the Planned Development process; the Commission needs to look at the "use", but also needs to consider it as it applies to the total development of the site. Mr. Douglas stated that he finds it "bothersome" that this development is proposed to be done in phases, with no time frame. The first thing the applicant wants to do is the paint booth and body shop which are not permitted uses. Mr. Horner agreed that Mr. Douglas has a good point that the first thing proposed to be accomplished is development of uses that are not "permitted" principal uses in that zone district. Mr. Homer asked if the Commission will be 4 permitted to establish time frames on the approval; in other words , if Phase I is developed, but subsequent phases are not accomplished, can the approval for the paint booth and body shop be terminated in a given period of time because of non-performance on the remainder of the PD. Mr. Brotzman stated that, theoreti cally, the Commission may impose this restriction. How- ever, this does impose difficulties for applicants. Mr. Horner asked how the Commission and City can make sure the developmen t will be built out to all four phases if the PD as proposed is approved. Mr. Simpson stated that he would recommend against setting time limits on completion of phases. If the Commission isn't comfortable with the proposal , then it should not be recommended to City Counci l. Mr. Redpath noted that the applicants could develop the body shop and say "this is it". Mr. Harrison agreed this is a possibility. Mr. Harrison stated that he and other representatives of the applicant met with City staff, at which time the "phasing" concept of the Planned Development was suggested by City staff. Mr. John (Hank) Held was sworn in and testified that he is the Corporate Attorney for Burt on Broadway. Mr. Held stated that the Ranchi to Restaurant has approximately four years left on their lease, plus three one-year options. Kentucky Fried Chicken and China Kitchen want to move to another location on South Broadway and expand; however, they have approximately eight years remaining on their lease, plus two five-year options. Mr. Held noted the uncer- tainty that any of the restaurants will leave in any given time estimate. Burt on Broadway is very interested in developing the subject site, and needs additional Broadway frontage for their operation. Mr. Held stated that the development will be selling and servicing "medium-duty" trucks --fleet and commercial vehicles . He pointed out tha t between Hampden Avenue and Colorado Springs, there are no medium duty truck sales /service businesses. The curb cuts are vital to the success of this proposal. Mr. Held noted that the hours of operation for this type of operation will differ from the usual automotive service center; he anticipated that the servic- ing will continue until possibly 9 P .M ., and on Saturday mornings . Mr. Mason asked for clarification that this will be used to recondition trucks. Mr. Held stated that they will recondition used veh icles. Contract maintenance will be provided to those peo- ple who had contracts with Burt. Mr. Held noted that the body shop at Burt Chevrolet is so busy that there is a several week wait to get body work done; they have been sending ap- proximately $2.8 million worth of work out because they cannot accommodate it. It is hoped that with the additional body shop , Burt can recapture most or all of this $2.8 million. Mr. Held addressed the issue of fumes and fluids disposal. He noted that oil is changed at the Grease Monkey on West Belleview A venue, and will not be an issue on the site. They have worked closely with the Fire Ma rshal regarding the paint booth; they will be working with the EPA and will adhere to the OSHA regulations. Mr. Douglas asked if there would be any exterior work on the existing building. Mr. Held stated there will not be; the modifications are interior. The building is heavily insulated and well sound-proofed. Mr. Shoop inquired about fencing and screening for stored vehicles that are under repair. Mr. Held indicated the area designated for storage of vehicles, which will be at the rear of the 5 structure at 180 West Lehow Avenue. Mr. Held questioned the need for six foot wooden e fencing. He noted the proximity of this area to Big Dry Creek, and the differences in topog- raphy. Mr. Mason asked if the Commission fe lt it was acceptable to not require the fencing of the storage area. Ms. Tobin asked about security measures such as lighting. She agreed with the need to main- tain more than one curb cut , citing the difficulties of maneuverability with larger vehicles. Mr. Weber asked what benefit the Planned Development approval would be to the applicant if they cannot maintain the four curb cuts. Mr. Held stated that the loss of the three curb cuts will seriously impact the entire project. Mr. Brotzman commented that the issue of curb cuts may not be an issue from the City, but from the Colorado Department of Transportation. Mr. Brotzman stated that the City staff will work with the applicant and the state on resolution of the curb cuts. Mr. Mason inquired if there was an estimate of cars per day that will be serviced. Mr. Held estimated they service approximately 500 vehicles per month, or roughly 25 vehicles per working day; this could be increased by 10 to 15 trucks per day . Mr. Shoop inquired about the gate on West Lehow A venue. Mr. Held stated the gate pres- ently opens outward, but does not open across public right-of-way. Mr. Mason asked if there were further questions or comments from the Commission for the applicant. Mr. Mason asked if there was anyone else who wished to address the Commission. Tobin moved: Redpath seconded: The Public Hearing on Case #9-95 be closed. AYES: NAYS: ABSTAIN: ABSENT: Horner, Redpath, Shoop, Tobin, Weber, Douglas, Mason None None Dummer, Garrett The motion carried. Mr. Mason stated that the Chair would entertain a motion to approve the Planned Develop- ment. The "positive" wording of this motion was questioned by several members of the Commission. Douglas moved: Tobin seconded: The Planning Commission reject the Planned Development filed by 5200 Investments, Ltd. Mr. Horner noted that in Phase II, the demolition of the KFC and China Kitchen restaurants is proposed. The statement from the applicant states that this would "create adequate space to 6 -- construct a building addition ... approximately 4,000 s.f. in size ." Does this commit the appli- cant to build the 4,000 square foot new sales facility. Mr. Douglas stated that he does not see that this is a guarantee of the sales office construction. Mr. Simpson commented that if this Planned Development is approved , the applicant will not be required to return to the Commission for review of each phase development. Mr. Horner pointed out that the Trolley Square applicants had to come back to the Commission with an amendment to their Planned Development. Mr. Brotzman stated that the plan before the Commission is for the "total site" --it is a total plan. The Commission can impose a condition to require the applicant to come back for each phase development. Mr. Horner commented that the issue can be reduced to "value of property"; by approving the proposed plan, the City will be increasing the value to the owner with no guarantee of any- thing coming back to the City. The Planning Commission, by approving the request as filed, is removing the "incentive" to relocate the KFC/China Kitchen restaurants to facilitate the de- velopment of Phase II . Mr. Horner stated that he doesn't really have any concerns about the use, but wants to make sure that this is "done right ", and doesn't feel the City has any guaran- tees at this time assuring the development will be completed. Mr. Redpath commented that the City could end up with only the paint booth and body shop, and Phases II through IV will not be completed. Mr. Mason pointed out that this development is part of the Burt on Broadway overall business plan, and that Burt Chevrolet/Burt on Broadway is a long-standing member of the Englewood business community. Ms. Tobin asked what choices the Commission has . Mr. Brotzman stated that the Commission can approve as presented, deny , or approve with conditions. Mr. Shoop commented that this is commercially zoned, but in his opinion the truck repair and paint booth are more of an industrial nature. Mr. Horner stated that certainly the truck repair use is a "heavier use" than that of restaurants . Proper wording of motions was discussed and clarified by Mr. Brotzman . The possibility of tabling decision on the issue until the next regular meeting was also considered. Mr. Weber suggested the possibility of combining Phases I and II. Ms. Tobin pointed out that the applicant can't use Phase II until the leases are terminated, or until the restaurants relocate. Discussion ensued. Mr. Douglas withdrew his motion to reject the Planned Development. Redpath moved: Mason seconded: The Planned Development filed by 5200 Investments, Ltd. be approved. 7 Mr. Mason asked that each member identify conditions they want to impose on the approval of A the PD. • Mr. Horner stated that he wants to see the City get something out of this and there is no way this can be guaranteed under the plan as presented. Mr. Horner stated that he has no "conditions" per se. Mr. Weber reiterated his suggestion that Phase I and II be combined. There is no time table, and he isn't sure that he wants to see Phase I developed with no guarantee of if or when the remaining phases will follow. Paint booths and auto body shops can be located in industrial areas . Mr. Redpath questioned the possibility of terminating Phase I if Phase II doesn't come to frui- tion. Mr. Simpson offered a staff alternative proposal , that being to table the issue until November 7 , which would allow staff to work with the applicant to address the issues that have been identified by the Commission. Mr. Horner asked "what hopes do you have for this'', noting that the applicant has said they do not have control of the restaurant leases , and there are conditions such as the curb cuts they must have. Mr. Simpson stated that he would hope to establish clearer communication between the staff and the applicant; the issue of ancillary uses would be addressed more clearly in a subsequent report to the Commission. He acknowledged that there is the possibility nothing can be achieved. e Mr. Horner suggested voting the request down and the applicant could appeal to City Council. Mr. Mason objected to this suggestion; it is his opinion that the Commission is appointed to work to resolve such issues as this to realize as much benefit as possible to both the applicant and to the City. He would oppose the abrogation of the Commission's duty. Mr. Simpson reiterated the suggestion that the issue be continued to November 7th, and that staff address: 1. The auto body shop as a permitted use versus an ancillary use. 2. Gain some understanding on the phasing time table. 3. What value will accrue to the City. 4. Curb cut removal. 5. Building design on Phase II addition. Mr. Shoop stated that he is concerned about the traffic on Lehow A venue, with trucks turning to enter and exit. Mr. Redpath stated that if Phas~ I is developed, and other phases are not, he wants to have the ability to terminate the paint booth and auto body shop. Deviation from standards of accepted use by allowing ancillary uses such as the auto body shop and paint booth was discussed. 8 Mr. Douglas stated that the Co m m iss ion has to deal with "what is " and not "what if''; the only thing to actually deal with is the is sue of the body shop and mechanical shop in Phase I. Mr. Douglas stated that he is of the opinion it would be a disservice to the property owner/applicant to try to force clo sure of the paint booth and body shop i f Phase I is devel- oped but subsequent phases are no t. Mr. Douglas stat ed that he does not see the benefit for Englewood , and doesn't want to see Broadway turned into an industrial area. Discussion ensued. Mr. Redpath w ithdrew the motion to approve. Mason moved : Tobin seconded: The Plann in g Commission shall continue Case #9 -95 to November 7 , 1995 for further deliberation. AYES: NAYS: Redpath, Shoop , Tobin , Weber , Douglas , Mason Horner ABSTAIN : None ABSENT: Dummer , Garrett The motion carried. Mr. Held and Mr. Harrison were t hanked for their attendance. IV. CITY MANAGER DISCUSSION. Mr. Simpson stated that City Man ager Clark had a conflicting appointment , and asked that his apologies be extended to the Commis sion . V. PUBLIC FORUM. No one was present to address the Commission. VI. DIRECTOR'S CHOICE. Mr. Simpson briefly discussed the 1996 Work Program he has developed , noting the work program is subject to revision. Key elements of the Work Program will be Long Range Plan- ning , Business Development, Neighborhood Planning , and Current Planning. Meeting schedules for the remainder of 1995 and for 1996 were included in the packets. Mr. Simpson distributed copies o f the 1979 Comprehensive Plan to members of the Commis- s10n. Mr. Simpson stated that staff has explored ways of expressing appreciation to members of boards and commissions who give of their time to serve. Funds are not available to provide a "restaurant" dinner; however, the possibility of a pot luck with the City furnishing the main 9 course and beverages has been considered . A possible date could be December 14 at the Mal-A ley Center, but the staff needs to know as soon as possible. Members were asked to consider • this proposal and get back to staff. Mr. Simpson discussed implementation of a "Citizens Planning Academy". The first year this would be devoted to members of the Planning Commission, Board of Adjustments and Appeals and City Council. If it is successful, it can be expanded to other citizens. Mr. Simpson stated that he would hope to bring in guest speakers, and the "academy" could extend over five or six sessions. Brief discussion followed. The meeting adjourned at 9: 15 P.M. Gertrude G . Welty, Recording Secre 10