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HomeMy WebLinkAbout1993-12-07 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION DECEMBER 7, 1993 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Vice Chairman Roger Shoop at 7: 10 P. M. in the City Council Chambers of Englewood City Hall. Members present: Tobin, Clemens, Dummer, Garrett, Gerlick, Mason, Shoop Merkel, Ex-officio Members absent: Covens Also present Harold J. Stitt, Planning Administrator Dan Brotzman, Assistant City Attorney II. APPROVAL OF MINUTES. November 16, 1993 Mr. Shoop stated that the Minutes of November 16, 1993 were to be considered for approval. Clemens moved: Gerlick seconded: The Minutes of November 16, 1993 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Tobin, Clemens, Dummer, Garrett, Gerlick, Mason, Shoop None Covens None The motion carried. ill. RA VINA LIMITED LIABILITY COMPANY Walgreen Planned Development CASE #13-93 Mr. Shoop stated that the issue before the Commission is a Public Hearing on a proposed Planned Development for a Walgreen drugstore on South Broadway. Mr. Shoop set forth pa- rameters for conduct of the Hearing, and asked that the Hearing be opened. Tobin moved: Clemens seconded: The Public Hearing on Case #13-93 be opened. AYES: Clemens, Dummer, Garrett, Gerlick, Mason, Shoop, Tobin NAYS: ABSENT: ABSTAIN: None Covens None The motion carried. Harold J. Stitt, Planning Administrator, was sworn in. Mr. Stitt testified that the proposed Walgreen development will be on the northeast corner of the East Dartmouth/South Broadway intersection. The Planning Commission will render an advisory recommendation to be for- warded to the City Council, which body may or may not choose to hold a Public Hearing on the issue. The proposal is for construction of a 13,500 square foot drugstore. The proposal was taken to the Technical Review Committee, which committee considered the proposal in terms of utili- ties , fire requirements, traffic/street department issues, and building and safety issues. Mr. Stitt referenced the extensive list of requirements that were cited in the Staff Report which were a result of the Technical Review Committee review. Mr. Stitt then distributed revised Plans submitted by the applicant, which plans were revised to address the majority of the is- sues which were of concern to staff members in the Technical Review Committee. Mr. Stitt further discussed the proposed development, emphasizing that traffic using the drive through prescription pick-up facility must use the "service lane"; a delineation between the service drive and the alley right-of-way will be by way of plastic poles and reflectors; lighting will be positioned so that it does not disturb residents across the alley. The proposal does meet the mi nimum landscaping and minimum parking requirements of the Comprehensive Zoning Ordinance. The RTD bus stop on Broadway at the Dartmouth/Broadway intersection will have to be moved further north to provide improved visibility for turning movements from Dart- mouth westbound to northbound on Broadway. The Utilities Department has stated there are "tap credits" available for this site, and the fees due will be resolved at such time as the con- struction is begun. Inasmuch as the concerns cited by the Technical Review Committee have been addressed, the staff recommendation has been revised to recommend approval by the Planning Commission and favorable recommendation to the City Council. Mr. Garrett asked if there was a fencing /barrier requirement between commercial develop- ments and residential developments separated by alleys. Mr. Stitt stated there is no fencing requirement. If the residents choose to erect a privacy or security fence on their property, this is their prerogative. Mr. Stitt referenced the plans, and pointed out the property lines along the alley. Access to the service lane for motorists driving south in the alley was discussed, as was the circulation pattern within the site. Mr. Stitt noted that the drive-through prescription pick-up center is a new concept for drug stores in this area, and that traffic patterns may have to be modified after the outlet is opened and we have experience with the operation. 2 Mr. Garrett inquired whether delivery trucks will block the service drive while unloading. Mr. Stitt suggested that the applicant may address when delivery trucks will be on site, and the impact this would have on the service drive to the pick-up window. Mr. Peter Cudlip, Ravina Limited Liability, was sworn in, and introduced Ned White, of In- tergroup Architectural Firm, Richard Sapkin of Ravina, and Tony Casey of Intergroup. Mr. Cudlip stated that the proposal is to construct a 13,500 square foot pharmacy on a vacant lot which is presently owned by Porter Memorial Hospital. Ravina Limited Liability is in the process of purchasing this site from Porter. Mr. Cudlip also reviewed the plan for the Com- mission, pointing out that 55 parking spaces will be provided on site, in addition to the service drive for those only wanting to pick up a prescription. Mr. Cudlip emphasized that to use the drive-through service, customers will have to phone ahead to have the prescription ready; they cannot drive up to the window and present the prescription slip and expect to wait until it is ready. Mr. Cudlip emphasized that an estimated 10 to 15 prescriptions per day will be han- dled through the drive-through window. The drive-through concept is new for Walgreen but they hope to have about 40 to 45 such outlets within the next year. Loading activities from de- livery trucks will be done between 7 A.M. and 12 Noon for probably one to three hours maximum. The trucks will be parked in the service drive, and will not be backing into a loading dock or blocking the alley traffic. Mr. Cudlip described the construction and veneer of the building; brick will be used on the lower portion, with stucco finish on the top part of the building. Mr. Cudlip discussed the signage proposed on the north, south, and west sides; he indicated he wanted to check further with Walgreen regarding signage on the rear of the building. Mr. Garrett asked how the 10 to 15 drive-through prescription pick-ups were determined. Mr. Cudlip stated that this is based on business done by other drive-through outlets in other parts of the country. Ms. Tobin asked what a customer does if a prescription is not ready when they arrive at the pick-up window. Mr. Cudlip stated they will be asked to drive through and park; the pre- scription would then be delivered to them in the parking lot. Mr. Shoop asked what "proof' would be required that a customer is entitled to pick up a pre- scription. Mr. Cudlip emphasized that the physician would phone in the prescription, and the customer would hand in the written authorization at the time of pick-up. Ms. Tobin asked if this Walgreen would be open on a 24-hour basis. Mr. Cudlip stated that this determination hasn't been made at this time; the hours would probably be 10 A. M. to 10 P.M. Mr. Dummer asked if the exiting movements from the site onto Broadway would be signed for right turning movements only, or whether left-turning movements across traffic would be al- lowed. Mr. Stitt stated that at the present time, it is proposed to allow full turning movements in both directions; however, the situation will be monitored, and there could be turning re- 3 strictions imposed in the future. Mr. Dummer suggested that the turning restrictions should be designated at the time the pharmacy opens for business. Mr. Mason questioned the revision in the number of trees proposed along Broadway. Mr. Cudlip stated that one was removed to allow for improved traffic visibility, and a second was removed to provide visibility for signage. Mr. Shoop requested clarification of the location of the RTD bus stop. Mr. Stitt stated that the stop will be moved further north, but will be located on the south side of the main entrance to the Walgreen parking lot. Mr. Shoop asked if members of the audience wished to address the Commission. Lois Mahorney, 3033 South Lincoln, was sworn in. Ms. Mahorney posed questions regarding the traffic in the alley, and the location of her garage on the alley. Ms. Mahorney expressed concern that she and other residents with garage access from the alley will actually be able to use their garages with the increased traffic using the alley. Ms. Mahomey stated that her ga- rage is used for storage of yard equipment, and there are occasions when the doors are left open, which does impede two-way traffic in the alley. Ms. Mahorney stated that she does welcome the new business activity in the neighborhood, and that the lighting along the alley portion of the Walgreen parking lot will be a welcome addition. Commission members pointed out that the alley provides for two-way traffic at the present time, which will not be changed; Walgreen will be adding a "service lane", which will be in addition to the right-of-way in the alley, and should not impact the alley traffic. Mr. Stitt pointed out that garage doors that protrude into alley right-of-way are not allowed at the pre- sent time. Mr. Stitt noted that the lighting provided by Walgreen will be shielded so that it does not intrude into the back yards of the residents across the alley. Traffic flow improvements on East Dartmouth Avenue were discussed. Mr. Stitt noted that one of the requirements from the Traffic Division is that five feet be dedicated from the south side of the Walgreen site to be used for Dartmouth Avenue widening. Further discussion en- sued. Mr. Stitt noted there will be additional traffic using Dartmouth Avenue between Broad- way and South Santa Fe Drive as a result of the improvements to Santa Fe Drive. Garrett moved: Dummer seconded: The Public Hearing on Case #13-93 be closed. AYES: NAYS: ABSENT: ABSTAIN: Dummer, Garrett, Gerlick, Mason, Shoop, Tobin, Clemens None Covens None The motion carried. 4 Mr. Shoop inquired if there was further discussion. Mason moved: Tobin moved: The Planning Commission refer the Planned Development for Walgreen to City Council with a favorable recommendation. AYES: NAYS: ABSENT: ABSTAIN: Garrett, Gerlick, Mason, Shoop, Tobin, Clemens, Dummer None Covens None The motion carried. Mr. Merkel stated that the approval by the Commission and favorable recommendation to City Council is the successful culmination of discussions that began approximately one year ago be- tween Mr. Sapkin, the Economic Development personnel, Planning Division personnel and himself. Mr. Merkel stated that this development will be an asset to Englewood. IV. EASEMENT VACATION Block 13, Englewood Subdivision CASE #14-93 Mr. Stitt stated that a request was received from First Federal Savings Bank in Lakewood, owner of a parcel of land in Block 13, Englewood Subdivision. The parcel is located in the block bounded by South Jason Street on the west, West Ithaca Avenue on the north, South Huron Street on the east, and West Kenyon Avenue on the south. This parcel of land is the vacated right-of-way for West Jefferson Avenue, which was vacated in 1926. An easement for utilities was retained for the entire width and length of this right-of-way at that time. In 1957, the 16 foot alley in Block 13, Englewood Subdivision, was vacated; again, an easement was retained for utility purposes for the width of the alley. The subject property was originally part of the Englewood Executive Center development, but was excluded from the EEC Con- dominium Declaration, and a separate parcel was created. However, this parcel cannot be de- veloped until the easements are vacated. When the Englewood Executive Center was devel- oped, a 20 foot sanitary sewer easement was sited on the common boundary between the cur- rent EEC development and this vacated right-of-way; 10 feet of this sanitary sewer easement does extend into the vacated right-of-way for West Jefferson Avenue. The condominium dec- laration was done approximately 10 years ago , and there has been very little interest in devel- opment of this site, which is 85.04 feet in width, and 266 feet in depth. There is now some- one interested in purchasing the property from the Bank, and developing the property for light industrial purposes. The Bank is, therefore, requesting that the easements retained in the va- cated West Jefferson Avenue right-of-way , except for the south 10 feet, and the easements re- tained in the north/south alley abutting Lots 16 and 17 of Block 13, Englewood Subdivision, be vacated to facilitate development. Mr. Stitt stated that this issue was discussed at a Technical Review Committee; no objections were voiced to the vacation of the easements. Utilities Department does request that the 10 5 foot sanitary sewer easement be extended east to the right-of-way line of South Huron Street. Public Works Department personnel stated that several years ago, a previous City Council had expressed interest in obtaining the right-of-way for West Jefferson Avenue, and improving cir- culation in the industrial area. However, the need for right-of-way for West Jefferson Avenue is not shown on the Master Street Plan, the City is experiencing budget constraints, and the possible acquisition of the right-of-way is a political determination that will have to be reached by City Council. Mr. Stitt stated that the Planning staff recommends that the easements be va- cated. The applicant understands that the final decision is in the hands of the City Council. Mr. Mason asked what impact, if any, there might be on the Englewood Executive Center were the right-of-way to be acquired and improved for street purposes. Mr. Stitt described the Englewood Executive Center development; they no longer own the subject site, and he stated that he isn't sure the owners of EEC would have any objections were the street to be improved and opened for traffic. This would provide access from both West Kenyon Avenue and West Jefferson Avenue. Mr. Stitt stated that there is no record of the reasons for the vacation of the right-of-way in 1926. At one time, there were greenhouses on the site. Mr. Garrett stated that he understood the City would have to buy the right-of-way. Mr. Stitt agreed; it is not shown on the Master Street Plan as needed. Mr. Stitt stated that the Public Works Department did quite a bit of study on the issue several years ago, but nothing was done to acquire the property. Mr. Stitt reiterated that acquisition of the right-of-way is a po- litical decision to be made by City Council. Mr. Garrett inquired about the couplet that was proposed a number of years ago. Mr. Stitt stated that were the couplet idea to be revived, West Jefferson Avenue could serve a critical need for circulation. Mr. Stitt emphasized, however, that the City has taken no official action to acquire this right-of-way and the staff has no choice but to recommend vacation of the easements. Brief discussion ensued. Gerlick moved: Tobin seconded: The Planning Commission recommend to City Council that the ease- ments contained in the north/ south alley abutting Lots 16 and 17, Block 13 Englewood Subdivision, be vacated; also that the easements in the vacated right-of-way for West Jefferson Avenue between South Huron Street and South Inca Street be vacated, with the exception of the south 10 feet which is a sanitary sewer easement. AYES: NAYS: Gerlick, Mason , Shoop, Tobin, Clemens, Dummer, Garrett None ABSENT: Covens ABSTAIN: None The motion carried. 6 v. FINDINGS OF FACT Comprehensive Zoning Ordinance Home Occupations CASE #4-93 Mr. Shoop asked if there was any discussion regarding the Findings of Fact on Case #4-93. Garrett moved: Tobin seconded: The Findings of Fact on Case #4-93 be approved as written. AYES: NAYS: Mason, Shoop, Tobin, Clemens, Dummer, Garrett, Gerlick None ABSENT: Covens ABSTAIN: None The motion carried. VI. PUBLIC FORUM. There was no one present to address the Commission. VII. DIRECTOR'S CHOICE. Mr. Merkel stated that Assistant Attorney Brotzman was present to discuss the proposed amendments to the Comprehensive Zoning Ordinance pertaining to adult service/entertainment facilities and businesses. Mr. Brotzman discussed the proposed revisions, which are due, in part , to a Court decision rendered in the Spring of 1993 stating that approval of adult entertainment/service facilities through the Conditional Use process was unconstitutional. A second issue is a request to re- vise the definition of "Adult Bookstore", to allow for a percentage of "floor area" rather than gross sales in determining whether the distance restrictions apply. Mr. Brotzman noted that the proposal which was distributed earlier in the meeting to the members contains three alter- natives for the definition. Discussion ensued. The Commission scheduled a Public Hearing on the amendment to the Comprehensive Zoning Ordinance for January 4, 1994. A study session was also scheduled for December 21, 1993, at which time representatives of "News/and" will be invited to sit in on the discussion. vm. COl\11\lllSSIONER'S CHOICE. Nothing was brought up for discussion. Meeting adjourned at 8:30 P. M. I * . J?J --t---/ . .-.;:;, ,,. 'l I -, I ~, / ..../t-{ /,.·t,Cl<~,;:• L . _// !~ Gertrude G. Welty, Recording ~ ecretary 7