HomeMy WebLinkAbout1991-05-21 PZC MINUTES•
•
•
I.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
May 21, 1991
CALL TO ORDER.
The regular meeting of the Englewood Planning and Zoning Commission was called
to order at 7:01 P. M. by Chairman J. C. Schultz.
Members present: Draper, Dummer, Gerlick, Glynn, Schultz, Shoop, Tobin,
Covens
Members absent: Daviet {with previous notice)
Wanush, Ex-officio
Also present: Harold J. Stitt, Neighborhood Services Administrator
Pamela L. Pepper, Economic Development Administrator
II. APPROVAL OF MINUTES.
April 16, 1991
Chairman Schultz asked if there were corrections or additions to be made to
the Minutes of April 16.
Tobin moved:
Shoop seconded: The Minutes of April 16, 1991 be approved as written .
The motion carried.
III. COMPREHENSIVE ZONING ORDINANCE ·
§16.4-13 c {~) -I-1 District
CASE #4-91
Chairman Schultz asked for a motion to open the Public Hearing on Case #4-91.
Tobin moved:
Gerlick seconded: The Public Hearing on Case #4-91 be opened.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Dummer, Gerlick, Glynn, Schultz, Shoop, Tobin, Covens, Draper
None
Davi et
None
The motion carried.
Chairman Schultz set forth the procedure that would be followed in the course
of the Public Hearing. Persons giving testimony will have to be sworn in
prior to testifying. The staff will present the case, and the proponents and
opponents will then be given an opportunity to speak.
Harold J. Stitt, Neighborhood Services Administrator, was sworn in. Mr. Stitt
testified that the Public Hearing is to consider an amendment to the I-1 Zone
District regulations to eliminate "brewery" from the list of prohibited uses
in §16-4-13 c (3). Staff received the request to consider this amendment
through the Economic Development Office. Economic Development personnel have
-1 -
been contacted by representatives of Breckenridge Brewery wh o are interested
in the purchase of the former Cedar Lumber building on Sout h Windermere Street •
for deve 1 opment of a brewing operation and a restaurant. Th ey have made an
of fer to purchase the building contingent upon ap proval of t he amendment to
the I-1 District.
Mr. Stitt stated that staff has been unable to determin e th e reasoning for the
prohib i t i on of breweries from the I-1 Zone Di s tr ic t . Th i s was apparently done
in t he 1950's, and appears to have been com mon pr actice at that time. Mr.
Stitt stated that staff has contacted other municipaliti es in t he Denver Metro
Area and throughout the state to determine their practices in dealing with
breweries. Some municipalities consider breweries as a use-by -right in in -
dustrial districts; other municipalities follow the condition al us e approach.
Mr . Stitt stated that he had spoken with a repr e sentative of the City of
Breckenridge regarding the Breckenridge Brewery, who ind i cat ed that there have
been very few if any problems with this operation; th e bre wery is located in a
retail area in Breckenridge. Mr. Stitt stated th at the opera t i on in Brecken-
ridge is a "brew-pub", and that brew-pubs are generally defi ned as an eating
establishment which includes brewing, with no more t han 30% of the brewed
product sold off-premises, and no more than 20% of the bus i ness occupied by
the brewing facilities. Under this definition of br ew-pu b , Englewood would
allow such an operation in either the business or industrial zone d ist r icts .
Mr . Stitt stated that it is the opinion of the staff that t he prohibition of
breweries in the industrial district could be eliminated, and it would not
damage the integrity of any of the i ndustri a 1 areas in th e Ci t y . Mr. Stitt
pointed out that a Planned Development would be required for development of •
sites of one acre or more in size, and there are limitations on external ef-
fects of uses such as sound, vibration, emission of heat, gla re, r adiation,
dust and fumes, outdoor storage and waste disposal. Uses that create common
nuisances are also prohibited. The staff is of the opinion that these
restrictions would provide proper control of breweries should anyo ne be inter-
ested in developing such a use. Staff does recommend that "bre wery" should be
eliminated from the list of prohibited uses in §16-4-13 c (3).
Mr. Stitt presented to Chairman Schultz a copy of the publi c not i ce of the
Hearing which was published in the Englewood Sentinel on May 2, 1991.
Mr. Gerlick asked if, in addition to the elimination of brew ery from the list
of prohibited uses, the Commission should also eliminate "fermen ted fruits and
vegetable products, manufacture" from the prohibited uses. Discussi on ensued .
Mr. Stitt stated that, in his opinion, elimination of "br ewe r y" was
sufficient.
Mr. Draper asked whether there is a lrit of waste from the bre wi ng operat i on.
Mr. Stitt stated that the owners of Breckenridge Brewery were presen t , and
could address such questions.
Ms. Tobin asked about sewer service to the site. Mr. Stitt st at ed that there
is a 6" sewer line to serve the property, and the brewing op eratio n also will
have to have a pretreatment process.
Mr. Dummer asked how the City could be assured an incide nt sim ilar to that •
recently experienced when Coors was charged with dumping raw beer into the
-2 -
•
•
•
Creek and causing a large fish kill, will not occur. Are there controls on
the process which will prevent this. Mr. Stitt stated that the Utilities De-
partment wi 11 conduct periodic checks, and if a problem is detected at the
Sewer Plant, it can usually be traced back to the source.
Mr. Shoop asked if the Commission needs to define the difference between a
brewery and a brew-pub. Mr. Stitt stated this was not necessary, and reiter-
ated that a brew-pub is defined by the State. Mr. Stitt pointed out that the
primary use of the subject site will be a brewery.
Richard Squire was sworn in, and testified that he is the Chief Operating Of-
ficer of Breckenridge Brewery. He owns the property in Breckenridge, which is
a brew-pub and they brew their own beer for consumption on the premises. They
also bottle some of the beer for sale; this operation is done by hand. Mr.
Squire stated that there is sufficient market demand for their beer that they
need to expand the operation. They have searched for an area that would allow
them to expand the operation of the brewery to meet the market for their prod-
uct. Mr. Squire stated that the beer is marketed through Coors in Brecken-
ridge, and they have negotiated with Miller Brands to distribute the product
in the Denver area. Mr. Squire stated that he and his partner, Mr. Anderson,
feel that the former Cedar Lumber site would be ideal for their operation;
they wi 11 be ab 1 e to have a 6, 000 sq. ft. restaurant, the site has 1 oad i ng
docks and a rail spur, and can be readily converted to the brewery/restaurant
use. Mr. Squire stated that they have had no problems with complaints regard-
ing odors at the Breckenridge Brewery; they use an "open" brew kettle, and the
people in the restaurant have said that the odors smell like "fresh hay". Mr.
Squire stated that the spent grain waste goes into large garbage cans which in
turn are dumped into a large covered trailer and the waste is hauled to the
Ruby Ranch for hog feed.
Mr. Squire stated that they brew six different beers, and bottle in the 12 and
22 ounce bottles. They will brew 20,000 barrels in one year, half of which
wi 11 be so 1 d in Co 1 or ado, and the remainder shipped to markets in other
states. Mr. Squire stated that they have been approached by companies from
Texas who want to carry their beer, and representatives from Japan have also
approached them. Mr. Squire emphasized that their beer is a top-of-the-line,
top quality product and is "fresh" beer.
Mr. Glynn asked how long Mr. Squire had been in the brewing business. Mr.
Squire stated they had been in business a little over one year.
Mr. Draper stated that he understood that a product brewed on the site could
not be sold at retail if it was also served on-site; is this correct. Mr.
Squire stated that with a manufacturer's license he could serve on-site as
well as sell at wholesale or retail. Mr. Squire stated that they have ordered
bottling equipment for this site, and they want to bottle the product with the
idea of shipping out-of-state. Mr. Squire stated that sale by keg would also
be a possibility at this location.
Mr. Covens inquired about the source of water. Mr. Squire . stated that it
would be City water. Mr. Squire discussed the waste from the operation and
stated that the suspended solids, or spent grain, is collected and placed in
the tra i1 er for use by the hog feeder. A second source of "waste" which is
considered is the B.O.D. count; their count at the Breckenridge Brewery has
been nearly zero, and they have a small treatment plant right in the brewery
to treat the waste prior to entering the main sewer line.
-3 -
Upon inquiry, Mr. Squire stated that he estimated the restaurant seating
capacity at the new site would be 180 people. In response to a question from
Mr. Draper, Mr. Squire stated that they would employee approximately 50 peo-•
ple, and a future sales capacity of about $5 mill ion. He estimated the
revenue to the City from the business could be $150,000 per year.
Mrs. Tobin inquired whether they have had problems in Breckenridge with minors
wanting to be served, and how they proposed to handle the situation in Engle-
wood to ensure that this does not happen. Mr. Squire stated that they have
been very careful and young persons of questionable age are carded at the
door, at the table, or at the bar. It is their intent that this close sur-
veillance will continue at this establishment, also. Mr. Squire stated that
his company also makes their own root beer and ginger ale, and serves very
good food in the restaurant. In response to a question from Mr. Shoop, Mr.
Squire stated that there is ample parking on-site for the brewing operation
and for the restaurant. ·
Mr. Covens asked if there was capacity on the site for expansion should they
want to exceed the 20,000 barrels per year. Mr. Squire stated that there is
room for expansion, and the only problem he could foresee would be the dis-
posal of the grain waste from a larger operation. Mr. Glynn asked how much
grain is used in the operation. Mr. Squire estimated they would use 800
pounds raw grain for every 10 barrels of brew. A truckload of grain is ap-
proximately 32,000 pounds, which may last them two months.
Mr. Dummer asked whether the finished product would be shipped out by rail, or
trucked. Mr. Squire discussed the improvements along Santa Fe Drive and
stated that he had been informed the rail line will be raised four feet; this •
could cause a problem for them and will have to be dealt with at a later time.
For now, they would continue to truck the product 'to the markets. Mr. Squire
pointed out that this is an industrial area and any use of the site will
generate increased traffic. Mr . Squire noted that the Breckenridge operation
is in a retail area; truckers pick up their loads in the morning and this has
not seemed to create problems, so he does not anticipate there will be any
problems in this industrial area. Mr. Squire stated that with the closure of
Tufts and Quincy crossings at Santa Fe, the trucks will be required to access
from Oxford or Belleview. Mr. Squire stated that this concluded his comments
unless there were questions from the Commission.
Mr. Schultz asked Ms. Pepper if she had comments she wished to make. Ms. Pep-
per stated that she was in attendance only as a resource person.
Mr. Gerlick asked if an Englewood Liquor License would be required. Mr. Stitt
stated that Breckenridge Brewery will have to obtain a Liquor License.
Mr. Gerlick asked whether there were sufficient utilities to handle a future
expansion of the business. Mr. Stitt stated that there is a 6" sewer 1 ine
serving the property; and an 8" fire line with a 1.5" tap for water service.
Mr. Stitt addressed the issue of transportation and the closur.e of the Quincy
Avenue/Tufts Avenue crossings at Santa Fe Drive. The only points of access
from Santa Fe Ori ve and the west will be Oxford Avenue south or Belleview
Avenue north on Windermere. South Navajo Street will be constructed from
Tufts to Oxford to provide additional truck access; Mr. Stitt stated that it
is his understanding this construction will be done in conjunction with the
improvements to the Oxford intersection, and will be partially funded by the
-4 -
•
•
•
•
State of Colorado. The closure of the intersections of Tufts and Quincy were
further discussed. Mr. Stitt pointed out that there were a series of public
hearings held by the State Highway Department, and the determination was made
that these two intersections would be closed. The State and railroads want to
limit the liability of at-grade crossings; the City does not have sufficient
funds to construct the type of depressed intersection such as was done at
Dartmouth Avenue at either of these intersections.
Mr. Glynn asked Mr. Squire whether he lived in Breckenridge, and would con-
tinue to do so, or whether he contemplated moving to this area. Mr. Squire
stated that he would probably retain a small home in Breckenridge, but would
probably move to the metro area so that he can put most of his efforts into
this project. He stated that Breckenridge has provided a good test market for
their brew, and it is the company's intent to get this beer known across the
country. Major liquor stores in the metro area presently carry Breckenridge
Brewery beer and they want to expand their market area.
Mr. Covens asked Mr, Squire the time table for commencing operations. Mr.
Squire stated that they would like to be running in 90 days; he reiterated
that there is very little remodeling that needs to be done to make the build-
ing usable for their purposes, and the bottling equipment is on order and will
be shipped once they know they have the building and the proper approval for
the use. Mr. Squire stated that the restaurant must open when the brewery is
opened.
Mr. Schultz asked where the raw grain will be stored. Mr. Squire stated that
there is sufficient space within the building to store the raw grain .
Expansion of the market for the brew was further discussed. Mr. Squire sug-
gested that major markets in Texas and Kansas City will be considered.
Mr. Squire stated that he and Mr. Anderson really like the Englewood location
and the building couldn't be better for their purposes. They do plan to in-
stall landscaping on the site. Mr. Squire stated that he will also be apply-
ing for an "extended" liquor license which would enable them to be open on
Sunday.
Mrs. Tobin again cautioned about the need for close supervision regarding
underage drinkers, and stated that she has been opposed to sale of alcohol in
Cinderella City because of the lack of supervision.
Mr. Schultz asked if there were further questions or comments.
Covens moved:
Gerlick seconded: The Public Hearing on Case #4-91 be closed.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Gerlick, Glynn, Schultz, Shoop, Tobin, Covens, Draper, Dummer
None
Davi et
None
The motion carried.
Mr. Schultz asked if there was any discussion on the requested amendment .
-5 -
Gerlick moved:
Tobin seconded: The Planning Commission recommend to City Council that the
Comprehensive Zoning Ordinance, §16-4-13 c (3), 1-1 Light
Industrial Zone District, be amended by eliminating "brew-
ery" from the list of prohibited uses.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Glynn, Schultz, Shoop, Tobin, Covens, Draper, Dummer, Gerlick
None
Davi et
None
The motion carried.
IV. PUBLIC FORUM
There was no one to address the Commission under Public Forum.
V. COMPREHENSIVE PLAN
Transportation
Parks & Recreation
Economic Development
Mr. Schultz stated that three sections for the revised Comprehensive Plan have
been submitted to the Commission for review. The Transportation section has
been compiled by staff following a series of meetings by the Transportation
Task Force. Mr. Schultz asked if there would be a presentation by Traffic to
the Commission. Mr. Stitt stated that this could be arranged. Mr. Schultz
•
suggested the possibility of inviting staff from the Traffic Department and •
the Parks Department to the same Commission meeting for presentations.
Mr. Glynn stated that the Parks Section makes reference to a "Cultural and
Scientific District Tier III funding", and requested that this be explained.
Mr. Stitt stated that the funding would be from the Cultural District tax;
there are "tier levels" of what these funds may be used for.
Mr. Glynn inquired about the children's farm at Belleview Zoo. Mr. Stitt
stated that the farm will open shortly. Mrs. Tobin stated that they are ask-
ing for volunteers to work at the farm.
Mr. Schultz stated that he has participated in the last two meetings of the
South Suburban Metropolitan Parks & Recreation District. At the last meeting,
Councilman Wiggins was in attendance and stated that the City Council was in-
terested in purchasing the former South Drive-in site for expansion of Belle-
view Park. The Board of South Suburban seems to be primarily concerned with
the development of the area south of Belleview Avenue (the former fairgrounds
site), and apparently approached the City about the possible purchase of the
theater site north of Belleview Avenue. South Suburban does want to work
closely with Englewood, and the development of a "regional" park is a top
priority. This regional park would be comprised of the development of the
former fairgrounds site, the expansion of Belleview Park and .existing Belle-
view Park north of Belleview Avenue, and Progress Park in Littleton south of
Belleview Avenue. Development would include lighted ball fields, picnic
areas, and areas for passive recreation. This would be approximately 100
acres of park/recreational facilities in one location and Mr. Schultz stated •
that he finds the prospect of such a development quite exciting. Mr. Schultz
-6 -
•
•
•
stated that he and Dorothy Romans have both volunteered to serve on the Man-
agement Committee to oversee the development of the site .
Further discussion ensued on the children's farm in Belleview Park, and the
effect that expansion of the Park might have on the farm.
Mr. Covens asked whether the South Suburban Board has taken into account the
amount of traffic that is carried on West Belleview Avenue in considering the
development of a "regional" park. Mr. Schultz stated that they are cognizant
of the traffic volume, and that right-turn lanes from Belleview Avenue onto
South Hickory Street will be developed in an effort to alleviate the high ~um
ber of accidents at that intersection. Means of crossing from the park area
north of Belleview to the park area south of Belleview were discussed. Mrs.
Tobin stated that the underpass, which presently exists between Belleview and
Progress Parks, must be well lighted and well policed.
Further discussion on the possible expansion of Belleview Park onto the former
drive-in site ensued. Mr. Schultz stated that discussions he has been privy
to indicate an interest in the drive-in area, if acquired by the City, being
developed as a "natural" area. Mr . Schultz further noted that South Suburban
also has a parks police system, and they actually patrol within the parks in
contrast to the Englewood Police Department which surveys the park from the
perimeter . .
Mr. Dummer pointed out that if the drive -in site is acquired for expansion of
the park, this will place Arapahoe Rental and Home Lumber companies right in
the middle of the park . Mr. Schultz agreed, and pointed out that representa-
tives of both these businesses were present at the meeting. The meetings of
the Board are open to the public if other members of the Commission were in-
terested in attending; the last meeting was held at Sinclair Middle School.
Mr. Covens asked if a price fo r the driv e-i n site had been quoted. Mr.
Schultz stated that South Suburban acquired the total site for one price, and
to his knowledge a price for just the drive-in site has not been quoted.
Mr. Shoop inquired about the location of the skateboard facilities . Mrs. To-
bin stated that they are in Belleview Park, but was unsure of the exact
location.
VI. DIRECTOR'S CHOICE.
Mr. Stitt stated that he had nothing to bring before the Commission.
VII. COMMISSIONER'S CHOICE.
Mr. Glynn inquired about the outcome of the Liquor Board hearing for Trolley
Square Liquors. Mr. Glynn was told the application for a license was
approved.
Mr. Glynn asked about the information on RTD that was included .in the packets.
Mr. Stitt stated that this was informational only. He pointed out that Santa
Fe Drive is the preferred route for establishment of a mass transit system.
Mr. Stitt stated that the City does have a representative on the RTD Board .
Mr . Covens asked what was scheduled for future meetings. The meeting of June 4
is the date of the zoning hearings on the Tufts/Windermere/Mariposa and West
-7 -
Belleview annexations. Mr. Covens then suggested that the meeting of June 18
be considered for meetings with representatives of the Parks and Rec re at ion
and Traffic divisions.
There being no furthet business to come before the Commission, the meeting was
adjourned at 8:30 P. M.
-8 -
•
•
•