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HomeMy WebLinkAbout1992-09-22 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COM1\11SSION SEPTEMBER 22, 1992 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:05 P .M. by Chairman Jan Schultz. Members present: Draper, Tobin, Schultz, Dummer, Gerlick, Glynn, Shoop Ex-officio Lee Merkel Members absent: Covens, Leonard Also present: Planning Administrator Harold Stitt II. APPROVAL OF MINUTES September 1, 1992 Chairman Schultz stated that the Minutes of September 1, 1992 were to be considered for ap- proval. Draper moved: Tobin seconded: The Minutes of September 1, 1992 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Draper, Dummer, Gerlick, Glynn, Shoop, Tobin, Schultz None Covens, Leonard None The motion carried. ill. CONDITTONAL USE 980 East Hampden Avenue CASE #10-92 Chairman Schultz stated that the case before the Commission is a Public Hearing to consider a request for Conditional Use approval for 980 East Hampden Avenue. He asked for a motion to open the Public Hearing. Tobin moved: Shoop seconded: The Public Hearing on Case #10-92 be opened. AYES: NAYS: ABSENT: ABSTAIN: Draper, Dummer, Gerlick, Glynn, Shoop, Tobin, Schultz None Covens, Leonard None The motion carried. Harold J. Stitt, Planning Administrator, was sworn in and testified that the request is to ap- prove as a Conditional Use the use of property at 980 East Hampden Avenue for an auto repair shop. Mr. Stitt presented to Chairman Schultz a copy of the Notice of Public Hearing, which 1 was published in the Englewood Herald on September 10, 1992, and the Certification of Posting. Ms. Leonard entered the meeting and took her seat with the Commission. Mr. Stitt stated that the site of the proposed Conditional Use is on the south side of East Ham- pden Avenue, and on the west side of South Ogden Street. This is a small lot --only 3,500 square feet, and the building is approximately 1,500 square feet. Mr. Stitt stated that in 1985, a variance was granted by the Board of Adjustment & Appeals for use of the premises as a woodworking and cabinet shop. At that time, the building was brought up to Code for that use classification. The automotive use is a change of use, and discussions with the Chief Building Inspector and the Fire Marshal indicated there may be a need for substantial modification to the building to accommodate the proposed use. The applicant must comply with these required modifications prior to beginning business. Mr. Stitt discussed the size of the lot, and the requirements for off-street parking and land- scaping. He pointed out that there is no place to landscape and still provide the required parking, and it is the opinion of staff that it is more important to provide the off-street parking on this site than to provide the landscaping. Mr. Stitt pointed out that there is a provision in the Landscape Section of the Comprehensive Zoning Ordinance that will allow a businessman to contribute money to the Englewood Public Improvement Fund in lieu of providing land- scaping; this is based on a formula of $1 x 10% of the lot area measured in square footage. This provision is a "last resort", but staff does feel the application of this provision is appro- priate in this case. Required off-street parking is based on a formula of 1h of the gross floor area of the building - -in this case, approximately 750 square feet because the building is only 1,500 square feet. The 750 square feet of "required" parking will accommodate approximately two spaces. There is limited parking in front of the building, and on the east side of the building. Mr. Stitt stated that the Comprehensive Plan identifies this general area as a "mixed use" area. The intent at the time the Comprehensive Plan identified the "mixed use" area, was to develop a mixed use zone district which would be "supportive" of the medical center. Initial discus- sions and drafts of this mixed use district were undertaken, but no definitive regulations were developed. Mr. Stitt suggested that in the long term, this corridor may be an area the Commission will want to consider. Changes in the development of the corridor will take a number of years to accomplish. If Swedish Medical Center develops further, we may want to look at the long- term land use of this corridor. The proposed automotive repair business is compatible with the general development along this corridor at the present time. There is a car wash to the east, a service station and other auto- motive related businesses along East Hampden A venue. Mr. Schultz recalled that at the time the mixed use area/district was under discussion, Swedish had proposed development east of Clarkson. Mr. Stitt stated that there were several buildings proposed east of South Clarkson which may not be developed. He pointed out that there is considerable residential development in the area, in addition to the medically-oriented uses. Mr. Gerlick inquired about the major renovations that may be required to use the property for automotive repair, and also about access to the site. Mr. Stitt stated that while neither Ms. Baker, Chief Building Inspector, nor Fire Marshal Groditski have inspected the premises, and have not specifically defined modifications that may be needed, both individuals have pointed 2 out that the "change of use" from a woodworking/cabinet shop to an automotive use will re- quire some modification to meet code for that use classification. Mr. Stitt pointed out that Fire Code specifications will apply no matter what tenant occupies the structure. The Building & Safety Division will require a Colorado licensed architect to review the building to deter- mine compliance with codes, and to submit the necessary modification plans to the Department prior to issuance of any building permits. Mr. Shoop asked if the woodworking/cabinet shop was a Conditional Use. Mr. Stitt stated that this had been allowed by a use variance granted by the Board of Adjustment & Appeals. Mr. Stitt did point out that variances, as a rule, go with the property unless a "sunset provi- sion" is applied. If a use is "abandoned", the right to a variance has ceased. Mr. Shoop inquired about parking. Mr. Stitt stated that two spaces are required on-site. Mr. Shoop pointed out that there will be customers, employees, and parking of vehicles to be worked on. Mr. Stitt pointed out that there are approximately four spaces at the front of the building, and two spaces on the east side of the building. He acknowledged that the parking situation will have to be closely monitored, and that work on the vehicles is required to be done within the building. There can be no "storage" of vehicles on the site. Mr. Schultz asked if there were any proponents or opponents who wished to address the Commission on the issue. Dale McAninch was sworn in, and testified that he resides at 3515 South Ogden Street. Mr. McAninch stated that he and other residents in the 3500 block of South Ogden are opposed to the auto repair shop, and he presented a petition signed by 15 persons in opposition. Mr. McAninch stated that the concerns of the residents focus on traffic, parking of vehi- cles/customers on-street leading to further congestion, safety of children, the flammable liquids that are used in automotive repair shops, noise and hours of operation of the business, and that there are handicapped persons who frequent the area with no easy way to maneuver over curbs, etc. Mr. McAninch stated that within a four block radius of the subject site, there are five auto repair shops, and the residents of the block do not feel there is a need for another such use. Mr. Schultz inquired whether there were problems with traffic and/or noise while the premises were used for woodworking and cabinet making . Mr. McAninch stated there were no prob- lems; there were usually only two people at the site, and two vans were parked on the site . Sometimes customers parked on Hampden. There was no noise problem because the shop closed at 6:00 P.M. every evening. Ms. Tobin pointed out that the issue of handicapped ramps at intersections is not the responsi- bility of the applicant; this is a responsibility of the City . Mr. McAninch stated that he had called the City and was informed that while the handicapped ramps were a "good idea", the City didn't have the funds to do the work. Mr. Schultz asked if this area had been in a recent concrete replacement district. Mr. McAninch stated it had not been. Mr. McAninch reiterated that the concerns of the neighborhood pertain to noise, increased traffic using South Ogden Street, the storage of flammable liquids, traffic congestion, and child safety. Mr. Gerlick pointed out that the storage of flammable liquids would be controlled by the Fire Code. He also pointed out that the auto repair use will probably not create any more traffic congestion than any other retail use. 3 Mr. Schultz stated that the Commission tries to look at a total area, and not just a specific site in considering issues such as Conditional Use approval. Mr. Schultz also pointed out that there are standards established to control businesses such as auto repair shops. The Commis- sion is interested in encouraging business in Englewood, but certainly does not want to do anything that might be harmful to the residential neighborhood. Mr. Schultz asked if there were further questions from the Commission of either Mr. McAn- inch or Mr. Stitt. Mr. Stitt noted that applicant Daniel Griego is in attendance. Mr. Griego was sworn in. Mr. Griego asked about the requirements of the Utilities Depart- ment on the sand and grease trap, and the backflow prevention device. Mr. Stitt suggested that Mr. Griego should speak with Mr. John Bock in the Utilities Department to get the specifics on those requirements. Ms. Leonard asked about the hours of operation of the auto repair shop. Mr. Griego stated that his hours would probably be 8 A.M. to 5 P .M.; he noted that the parts store he would use has those hours. Ms. Tobin inquired about noise. Mr. Griego stated that he would use some air tools such as power wrenches, and would have a five horsepower compressor, which would be used inside the building. Mr. Griego stated that the building is vented so that he can work on vehicles with the doors closed. Mr. Griego further stated that he could get four vehicles in the building at one time, but it would be tight to work with four vehicles in there. Three vehicles in the garage would give comfortable working space . Mr. Schultz inquired about the number of employees Mr. Griego anticipates. He stated that there would be he and his daughter, who would serve as the receptionist. Mr. Griego pointed out that at the present time his daughter does not drive, so there would be one employee vehi- cle. There are four parking spaces in the front of the building along East Hampden A venue, and two spaces on the east side of the building. Mr. Schultz asked if Mr. Griego was aware that vehicles may not be worked on outside of the enclosed structure. Mr. Griego stated that he is so aware, and that the only thing he might do is to check oil in a vehicle outside the building. Mr. Glynn asked if the parking spaces had to be designated and signed. Mr. Stitt stated that the required spaces do have to be designated. Ms. Tobin addressed the neighborhood's concern about child safety, and inquired whether Mr. Griego would consider installation of posts and a yellow chain across the drive. Ms. Tobin further inquired of Mr. Griego whether he would be willing to work with the neighbors ·to re- solve their concerns regarding his proposed business. Mr. Griego stated that he is willing to install the posts and chain, and is more than willing to meet with the neighbors and work to re- solve concerns. Mr. McAninch stated this would satisfy his objections. Mr. Draper asked what type of work Mr. Griego will be doing. Mr. Griego stated he would work on brakes, mufflers, tune-ups, oil changes, etc. Once in a while it might be necessary to do more extensive engine work, but that in those cases he would pull the engine and send it elsewhere for the main work. Mr. Griego stated that he has been a mechanic for 20 years, and has worked for other people; this is the first time he will have had his own business. 4 ' Mr. Schultz stated if there were no further questions, he would entertain a motion to close the Public Hearing. Tobin moved: Gerlick seconded: The Public Hearing on Case #10-92 be closed. AYES: NAYS: ABSENT: ABSTAIN: Dummer, Gerlick, Glynn, Leonard, Shoop, Tobin, Draper, Schultz None Covens None The motion carried. Mr. Schultz asked for discussion among members of the Commission. Mr. Gerlick suggested a restriction of hours of operation as one means of addressing concerns of the neighborhood . Mr. Draper inquired whether there were restrictions on hours of other businesses in the area. Mr. Gerlick pointed out that this is a Conditional Use, and while there may not be hour re- strictions on other businesses, the Commission may impose such a condition on this request if it so desires. Mr. Dummer suggested that if there are not restrictions on other businesses, it might be difficult to put restrictions on this use. Ms. Tobin pointed out that the applicant seems to be willing to work with the neighbors and to take steps to assure safety for the chil- dren. Mr. Glynn asked if the staff had received complaints from the immediate residential neighbor- hood about any of the businesses regarding noise, light, fumes, etc. Mr. Stitt stated that he is not aware of any complaints from this area. Time restrictions on the operation of the business were further discussed. The hours of 7 A.M. to 7 P.M. were suggested. Mr. Griego stated that he had no problem with these restric- tions. Mr. McAninch stated that he had no problem with the hours of operation as suggested. He appreciated Mr. Griego's willingness to work with residents regarding the safety of children, and he felt if the applicant and the residents work together they can resolve the concerns. Mr. Schultz asked if there were further comments. Mr. Merkel addressed the Commission, and suggested that while there may not be similar re- strictions on other uses in the area, this could serve as a "blueprint" in considering future Con- ditional Uses. Mr. Merkel stated that he had an opportunity to briefly tour the area earlier in the day, and pointed out that there is a diversity of uses in the area --from the service business to nice residential, to the Medical Center. There is an opportunity to work with interested businesses and people interested in redevelopment of property to make the area complementary to the other uses, and he is of the opinion that the Conditional Use is a good step in . this direction with appropriate conditions required .. Ms. Tobin asked if staff suggests that applicants talk to neighbors when proposing new busi- nesses. Mr. Stitt stated that in the majority of instances, the staff does so suggest. Mr. Shoop expressed further concern on the parking issue. Brief discussion ensued. Draper moved: Gerlick seconded: The Planning Commission approve the Conditional Use at 980 East Hampden Avenue as requested by Mr. Daniel Griego, said Conditional 5 Use to be an auto repair shop. The following conditions shall be part of this approval, and the applicant shall comply with said conditions: 1. The auto repair shop shall be open for business between the hours of 7:00 A.M. and 7:00 P.M. only. 2 . Motor vehicles being serviced, or stored while waiting to be serviced or called for, shall not be parked on streets, in alleys, on public sidewalks, or on parking strips. 3. All work shall be performed within an enclosed structure. 4. No material or parts are to be deposited on the premises outside of an enclosed struc- ture. 5. Any area subject to wheeled traffic or storage shall be screened from adjacent or ad- joining residential districts by a closed wood fence, or block or brick wall. 6. In lieu of landscaping, a deposit of an amount equal to one dollar times 10% of the lot area as measured in square feet be made to the Public Improvement Fund. 7. Installation of all necessary sand and grease traps and backflow prevention devices. 8. Compliance with all applicable City Building and Fire Codes. AYES: NAYS: Gerlick, Glynn, Leonard, Shoop, Tobin, Draper, Dummer, Schultz None ABSENT: Covens ABSTAIN: None The motion carried. IV. PUBLIC FORUM No one was present. V. DIRECTOR'S CHOICE Mr. Merkel asked Mr. Stitt to present the issues of meeting dates and times. Mr. Stitt stated that City Council meets with the various boards and commissions throughout the year. The meeting with the Planning Commission had previously been scheduled for November 16; however, City Council is also trying to schedule meetings with the Colorado Department of Transportation, the Board of Education, the City of Littleton, and other public bodies, and a conflict has arisen in scheduling dates. The City Council is now scheduling the meeting with the Planning & Zoning Commission for October 5, at 6:00 P.M. in the Commu- nity Room. Members were asked to mark their calendars for this date and time to meet with City Council. Mr. Ger lick noted that he will be absent on vacation the week of October 5 , and would not be in attendance at the City Council meeting or at the Commission meeting on October 6. The first meeting in November would regularly be on Tuesday, November 3, which is also the general election day. In order to avoid meeting on election day, the Commission may meet on Wednesday, November 4 in Conference Room A, or on Tuesday, November 10. It was also 6 , suggested that if there is nothing pressing for the agenda, this meeting might be cancelled. Discussion ensued. Mr. Covens entered the meeting at 8: IO P.M. and took his seat with members of the Commis- sion. Mr. Merkel suggested that IF a meeting is necessary prior to the second meeting in November (November 17), the meeting be scheduled on November 4. This was approved with some members noting that they may not be present. Mr. Merkel apprised the Commission of projects that the staff is working on, one of which is the Tri-Cities Group. He asked that Mr. Stitt update the Commission. Mr. Stitt reported on a work session which was held on September 21 at 8:00 A.M. with rep- resentatives from Sheridan, Littleton, Englewood, and the CDOT. This work session was very productive, and most of the design issues have been settled so far as the three cities are concerned; CDOT may not approve everything the cities have indicated they want. The con- sultant is now involved in completing the design and writing the report. Mr. Covens inquired whether the process has begun to determine the speed classification on South Santa Fe Drive. Mr. Stitt stated that Public Works personnel are looking into this issue; he then discussed the issue for the benefit of other members of the Commission. Fifty (50) MPH is "high speed" designation, and 40 MPH is "low speed" designation; the speed limit on Santa Fe is 45, a "gray area" with no clear determination. The speed classification will deter- mine how close landscaping may be to the flowline of traffic, what types of medians and barri- ers may be required, etc. Discussion ensued . Mr. Stitt pointed out that we do not want high landscaping in medians, but are looking to low growing shrubs, grass and trees with a high crown so that visibility of adjacent development is not inhibited. Mr. Covens questioned the range of cost estimates on landscaping at Hampden. Mr. Stitt sug- gested that the landscaping estimates may include the cloverleafs, and further suggested that some of the projects may be over-budget, and that shortfalls may be taken from the landscap- ing funds, thus reducing amounts which would be available for landscaping. Ms. Tobin inquired whether there will be any modernistic sculptures, etc. along the improve- ment route. Mr. Stitt stated that EDA W has been hired to do the design work; they will be in- corporating design work in the concrete work, and there will be some color incorporated throughout the corridor. Ms. Tobin stated that she would like to see the talents of the local school children put to use in designing murals and/or painting the bridges and underpasses. Mr. Stitt agreed this is a good idea. Mr. Merkel discussed ongoing dialog between the City and representatives of Swedish Medical Center (SMC) on the development of their campus. Staff anticipates presentation of a new , "overall", Planned Development sometime in October, with Hearing scheduled probably on November 17. Mr. Merkel and Mr. Stitt briefly outlined changes they are currently aware of that are being proposed by SMC. Mr. Merkel and Mr. Stitt discussed the proposed use of the former Washington Elementary School. Rezoning of this block had initially been considered; however, upon further review, staff is now going to recommend that the R-1-C Zone District be amended to allow for "dependent care" as a Conditional Use in existing facilities that are no longer used for their original purpose, i.e., former school buildings and churches. This procedure would eliminate the "spot zoning" aspect. SMC presently leases the site from the School District, and uses the former school as a day-care center; they want to purchase the site, expand the day-care use, 7 and also provide senior citizen care on-site. Discussion ensued. Ms. Tobin stated that Porter Hospital had also started a day-care center, and it soon expanded to a 24-hour per day busi- ness. Staff may want to keep this in mind in their discussions with SMC. Further discussion ensued. Mr. Stitt stated that the regulations need to be drafted, and the Public Hearing will be scheduled, hopefully, for October 20. Mr. Merkel stated that funds were included in the 1993 Budget for the visioning process. Brief discussion ensued regarding the projects recommended for the Public Improvement Fund by the Commission, and those projects which were recommended for funding. VI. COMMISSIONER'S CHOICE Ms. Tobin distributed an article to members of the Commission from the Historical Society. The meeting adjourned. Mr. Schultz announced that cookies and coffee will be served in Con- ference Room A so that members may introduce themselves to Mr. Merkel. 'kJcal.#-/ertiUde G. Welty Recording Secre~ 8