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HomeMy WebLinkAbout1988-01-19 PZC MINUTES• • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JANUARY 19, 1988 CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Carson at 7:00 P. M. Members Present: Russell, Such, Allen, Barbre, Hanson, Carson Romans, Ex-officio Members Absent: Jolk, Mulhern Also present: Senior Planner Susan Hirsch Planner II Harold Stitt II. APPROVAL OF MINUTES. December 8, 1987 Mr. Carson stated that the Minutes of December 8, 1987 were to be considered for approval. A 11 en moved: Barbre seconded: The Minutes of December 8, 1987 be approved as written . AYES: NAYS: ABSENT: ABSTAIN: Such, Allen, Barbre, Hanson, Russell, Carson None Jolk, Mulhern None The motion carried. III. ALL AMERICAN AUTO CENTRE #5 Conditional Use CASE #1-88 Mr. Carson stated that the request for a Conditional Use filed by All American Auto Centre #5 is a Public Hearing, and asked for a motion to open the Hear- ing. Mr. Carson stated that he has received a copy of the Public Notice which was published in the Englewood Sentinel and the Certification of Posting. A 11 en moved: Hanson seconded: The Public Hearing on Case #1-88 be opened. AYES: NAYS: ABSENT: ABSTAIN: A 11 en, Barbre, None Jolk, Mulhern None The motion carried . Hanson, Russell, Such, Carson Ms . Susan Hirsch, Senior Planner in the Department of Community Development, was sworn in, and testified that the Final Plat for the All American Auto Cen- tre #5 Subdivision was approved by the City Coun~il in December, 1987. The -1 - present request is for approval of a Goodyear Auto Service/Tire Sales business at 4912 South Federal Boulevard. The proposed Goodyear Auto Service/Tire Sales business will be constructed on Lot 1 of the All American Auto Centre #5 Subdivision. The proposed building will have eight (8) service bays, office and storage area. Landscaping will be installed along South Federal Boulevard. There will be no direct vehicular access to Lot 1 from South Federal Boulevard; vehicular access will be by means of cross-easement agree- ments through the parking area for the Fairlanes Bowling Alley. Mr. Mulhern entered the meeting and took his chair with members of the Commission. Ms. Hirsch stated that the applicant is present and is prepared to make a pre- sentation to the Commission. Mr. Carson asked Ms. Hirsch if the landscaping proposed for the development meets the minimum requirements of the Landscaping Ordinance. Ms. Hirsch an- swered in the affirmative. Mr. Gerald Student was sworn in, and testified that he is the applicant. Mr. Student stated that he was asked by members of the Community Development staff to meet with adjoining neighbors to discuss the proposal and attempt to resolve any concerns the neighbors might have. Mr. Student stated that he did so, and met with Mrs. Alta Greatorex, Mr. and Mrs. Newport, and Mrs. Bess Oberly. Mr. Student stated that he has given written commitments to these residents on the following three items: 1) 2) 3) The north elevation will be painted a light color, preferably white. Lights will be installed on the north face of the Goodyear facility to illuminate the area between the fence and the building. This light will have a photo cell sensor. AAAC #5 will mow the grass between the fence and the north wall of the Goodyear facility. Mr. Student presented the Commission with copies of the written commitments he has made with Mrs. Greatorex, Mr. and Mrs. Newport, and Mrs. Oberly. Mrs. Russell asked if any concerns were expressed about the mountain view that would be eliminated with the construction of the building. Mr. Student stated that Mrs. Greatorex asked the height of the building, and asked that no deciduous trees be planted next to her property because she does not want to have to deal with leaves in the yard during the Fall of the year. Mr. Newport had expressed concern over the elimination of a view of Pikes Peak from their property. Mr. Student stated that he informed Mrs. Greatorex that the type of trees that could be planted would have to be determined by the City , and the height of the building is indicated at 16+ feet. Mr. Student presented mem- bers of the Commission with a booklet of photographs taken of the subject, one of which shows the view of Pikes Peak from the site. Mrs. Russell asked about the "right-of-way" that had been referred to by one of the residents at the previous Hearing on the Subdivision. Will this right- of-way be paved . Mr. Student stated that this area is in back of the bowling alley and he has no say on the treatment of that area. Mr . John Stoddard was sworn in and stated that he does not feel there is need for the sidewalk on the west side of the development; in his opinion, no one -2 - • • • • • • walks along there anyway, and it will not be used. He stated that the appli- cants will post the bond as required to assure the installation of the side- walk, but reiterated he did not see the need for the sidewalk. Mr. Student stated that the developers were asked to install the sidewalk, and will do so. Mrs. Romans stated that the issue of the sidewalk is not a matter for discus- sion at this time; the sidewalk was an issue during the consideration of the Subdivision Plat, and the City Council determined that the requirement of the sidewalk was justified, and the applicant is required to post a bond to assure the development of such a sidewalk. The only issue before the Commission at this Hearing is the Conditional Use request for development of a Goodyear Auto Service/Tire Sales business on Lot 1. Mr. Carson called on Mr. David Jacobowski, who stated he had nothing to add to the testimony. Mr. Carson then called on Ms. Anna Pierce, who also stated she had nothing to add to the testimony. Mr. Carson asked if anyone else in the audience wanted to address the Commis- sion in favor of the request. No one else addressed the Commission. Mr. Carson asked if anyone in the audience wanted to address the Commission in opposition to the request. No one addressed the Commission in opposition . Barbre moved: Hanson seconded: The Public Hearing on Case #1-88 be closed. AYES: Barbre, None Jolk None Hanson, Mulhern, Russell, Such, Allen, Carson NAYS: ABSENT: ABSTAIN: The motion carried. Allen moved: Russell Seconded: The Planning Commission approve Case #1-88, the development of a Goodyear Auto Service/Tire Sales business at 4912 South Federal Boulevard, with the following conditions: 1. No storage of cars or auto parts shall be permitted on the lot outside the enclosed structure. 2. All work must be performed within an enclosed structure. 3. There will be no signage permitted on the north or east sides of the building. Mr. Mulhern asked if the agreements made by Mr. Student with the adjoining homeowners were to be included. Mr. Student asked that these commitments be included in the motion. Mr. Allen stated that the Planning Commission does not get involved in the species of trees that may or may not be planted, and felt that any reference to this should not be included in the motion. Mr. -3 - Allen further stated that he does not agree with the inclusion of the commit- ments with the neighbors as part of the motion. Ms. Russell indicated that she had seconded the motion with the intention that the motion would include the commitments made by Mr. Student also. If this is not Mr. Allen's intent, she would withdraw her second. Mr. Allen's motion died for lack of a second. Hanson moved: Mulhern seconded: The Planning Commission approve the request for a Condi- tional Use of a Goodyear Auto Service/Tire Sales at 4912 . South Federal Boulevard with the following conditions: 1. No storage of cars or auto parts shall be permitted on the lot outside the enclosed structure. 2. All work must be performed within an enclosed structure. 3. There will be no signage permitted on the north or east sides of the building. 4 . The north elevation of the building will be painted a light color, preferably white. • 5. Lights shall be installed on the north face of the • Goodyear facility to illuminate the area between the rear fence and the building. This light will have a photo cell sensor. 6. AAAC #5 will mow the grass between the rear fence and the north wall of the Goodyear facility. Mr. Allen stated that he could not support this motion because of the inclu- sion of the private commitments between the applicant and the neighbors. The vote was called: AYES: NAYS: ABSENT: ABSTAIN : Mulhern, Allen Jol k None Russell, Such, Barbre, Hanson, Carson The motion carried. IV. VACATION OF RIGHT-OF-WAY South Jason Street -3500 Block CASE #2-88 Mr. Harold Stitt addressed the Commission, and stated that as part of the re- development effort for downtown Englewood, the Englewood Urban Renewal Au- thority entered into a Cooperative Agreement with the City of Englewood, which Agreement granted to the Authority the control of certain rights-of-way in the • redevelopment area. When the Agreement for Disposition and Redevelopment between the EURA and Pennant Properties was written, the Authority agreed to r equest the vacation of a portion of the right -of-way in the 3500 block of -4 - • • • South Jason. Additional ground was needed for the Silo and Rocky Rococo developments, and inasmuch as the Authority had control of the right-of-way through the Cooperative Agreement with the City, those developers were permit- ted to use a part of the right-of-way. Now that the configuration of the development of this area has been finalized, the request for vacation of the right-of-way has been renewed by Pennant Properties. The vacation request has been considered by the Technical Review Committee, and some concern was ex- pressed that if the right-of-way is vacated, the street could be closed there- by denying vehicular access. This area will be used for truck access for the businesses abutting South Jason Street in the 3500 block, as well as for emer- gency vehicle access. The right-of-way will not be closed : Mr. Carson asked if the recommendation of the staff is adopted, would this mean the vacated portion of the right-of-way could never be closed off. Mr. Stitt stated that this vacated right-of-way will become public property, but would have to be maintained for fire access and vehicular access to service those properties abutting. If vehicles were parked on the street, the Police Department could not ticket them, but the vehicles could be towed at the request of the private property owner. If an attempt were made to close this vacated right-of-way in the future, the property owner would be in violation of the agreement and the City could take action. Mr. Hanson suggested that if the vacated right-of-way is to revert to a pri- vate property owner, that perhaps an emergency and public access easement should obtained to assure that the right-of-way may not be closed. Mr. Stitt stated that he thought the suggestion of an access easement had merit, and felt it could be obtained with little problem . Hanson: Barbre seconded: The Planning Commission recommend to City Council that the right-of-way in the 3500 block of South Jason Street be vacated, with the following conditions: 1. A vehicular access easement be retained across the vacated right-of-way. 2. The roadway in the vacated right-of-way shall remain perpetually open and maintained for vehicular traffic and Fire Department Access. 3 . Utility easements shall be retained for the utility lines within the area to be vacated. AYES: Mulhern , None Jolk None Russell, Such, Allen, Barbre, Hanson, Carson NAYS: ABSENT : ABSTAIN: The motion carried. V. PUBLIC FORUM. There was no one present to address the Commission under Public Forum . -5 - VI. DIRECTOR'S CHOICE. Mrs. Romans stated that the staff has been contacted by a member of the Cham- ber of Commerce ad hoc committee that worked on the Landscape Ordinance requesting a copy of the amendments as a result of the Chambers's ~uggestions. Mrs . Romans stated that the staff was hesitant to distribute copies of the proposed amendments until the Commission has reviewed the proposed revisions, and determined that they accurately state the Commission's position. Mrs. Romans reviewed the consideration of the Commission on these proposed amend- ments, and noted that at the meeting of October 6, every suggestion posed by the Chamber was addressed and the Commission response noted in the minutes. Copies of the revised Landscape Regulations and the Minutes of the October 6 meeting were given members of the Commission for their review. Mr. Hanson stated that he was under the impression that these amendments had already been referred to the City Council. Mrs. Romans stated that the Com- mission needs to hold a Public Hearing before the amendments can be referred to the City Council. She stated that she had discussed referring the Commis- sion recommendation to the City Council with the City Manager, and was advised that the matter should be delayed until the required Public Hearing before the Commission has been held. That way, when the City Council receives the recom- mendation, they would be in a position to act on it rather than having to refer it back to the Commission for a Public Hearing. Discussion ensued. Mrs . Romans suggested that the commission members review the proposed revi- sions and be prepared to discuss this matter at the next meeting on February 2. Mrs. Romans further suggested that members of the Chamber ad hoc committee be invited to meet with the Commission to discuss the proposed revisions, and a date for a Public Hearing be scheduled. Discussion followed. Members of the Commission set a tentative date of February 17 for the Public Hearing, to be poss i bly held in the Library Conference Room inasmuch as the City Council Chambers has been relinquished to the Liquor License Board on that date. VII. COMMISSIONER'S CHOICE. There was nothing brought up under Commissioner's Choice. The meeting was dec l ared adjourned at 7:55 P. M. ' . l. /~ / ,_ ~ d ertrude G. Welty ' Recording Secretary -6 - • • •