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HomeMy WebLinkAbout1976-05-18 PZC MINUTES;' 7 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MAY 18, 1976 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 Tanguma. Members present: Jorgenson, Parker, Jones, Tanguma, Don Smith, Pierson Romans, Ex-officio Members absent: Wade, Williams, Ed Smith Also present: Assistant City Attorney DeWitt Associate Planner House II. APPROVAL OF MINUTES. Chairman Tanguma stated that Minutes of May 4, 1976, were to be considered for approval. Jones moved: Jorgenson seconded: The Minutes of May 4, 1976, be approved as written. AYES: Jorgenson, Parker, Pierson, Don Smith, Tanguma, Jones NAYS: None ABSENT: Ed Smith, Wade, Williams The motion carried. III. ORDINANCE INTERPRETATION Comprehensive Zoning Ordinance §22 .4-10 b (107) CASE #16-76 Mr. Tanguma asked Mrs. Romans for the background of this re- quest. Mrs. Romans stated that Mr. Russell Moran has requested an interpretation of the Comprehensive Zoning Ordinance, §22.4-10b(l07), to determine that a car waxing and interior cleaning business is similar to other uses permitted in the B-1 Zone District. Section 22.4-10 b (107) reads: "Any similar lawful use which, in the opinion of the Commission is not objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare or vibration or is not hazardous to the health and property of the surrounding areas through danger of fire or explosion." Mr. Moran has proposed the car waxing, polishing and interior cleaning operation for 3427 South Lincoln Street. Mr. Moran leases this structu re from a Mr. Barry Thompson, and presently operates Laurel Uniforms from the structure. The car waxing and cleaning operation would be done in the basement of the structure . -----r -2-r----- .! Mrs. Romans stated that it is the staff position that any service of vehicles in the B-1 Zone District is permitted only in connection with a new car sales lot, in which instance it is very clear in the Ordinance that any service of cars is an accessory use to the new car sales loto The staff position is that the proposed use is not permitted in the B-1 Zone District, nor is it similar to any use permitted in the B-1 Zone District. Mrs. Romans indicated a diagram of the site of the proposed use. Mr. Jones asked if the basement space proposed for the use was ever considered as parking area for the apartments on the site, or used as storage for the Thompson Plumbing Shop? Mrs. Romans stated that the basement area was used by Mr. Thompson in ·connection with his plumbing business. Mr. House noted that Mr. Thompson now stores materials used in his plumbing business in the basement of the apartment structure. The basement portion proposed to be used by Mr. Moran is vacant at this timeo Mr. Jones noted that the apartments constructed in this area do not meet the minimum off-street parking requirements. Mr. Parker stated that as he recalled, when the building was con- structued, it was used for storage of plumbing materials and for the vehicles used by Mro Thompson. Mrs. Pierson asked the nature of the action required by the Commission? She inquired if a recommendation to City Council is in order. Mrs o .Romans stated that the action required would not be a recommendation to City Council; the Commission has the authority to determine if the proposed use is, indeed, similar to those permitted in the B-1 Zone Districto If the Commission does make such determination, this would apply to the entire B-1 Zone District, and not just the subject location. Mro Tanguma asked Mro Moran if he wished to make a presentation? Mr. Russell Moran 3924 East 7th Avenue -presented a grouping of photographs taken of the subject building and area. Mr. Moran stated when he first considered leasing the building from Mr. Thompson, he called the Zoning Division to determine what the zoning was; also whether or not that classification would permit a retail uniform shop, and the car waxing and polishing shop. Mr. Moran stated that he discussed the matter with a person in the Division and was questioned very thoroughly on the type of operation the car waxing and polishing encompassed. -. --·----..,----------- Mr. Moran stated that the basement is unh~ated, and there are ventilation blocks on three sides of the basement; there is no "drawing" type of ventilation. If the City felt this was something that should be done, he would do it; Mr. Moran stated that he would cooperate in any way possible with the City on this matter . Mrs. Pierson pointed out that Mr. Moran is talking about a minimum of 40 cars per month or a maximum of 100 cars per month; she questioned whether that low volume of business would justify the investment that would have to be made? Mr. Moran stated that the charge for polishing and cleaning a car is a minimum of $85, and may go as high as $120 to $140. The charge depends on the amount of time it takes to complete the job. Mr. Moran stated that he has been involved with "Ming's" of Denver, which is a franchise business ; they average a charge of $65 to $85 per car, and they have been in business for over 14 years. Mr. Moran stated there is no problem in this regard. Mrs. Pierson stated that she could see problems in the future if Mr. Moran needed to increase the volume of cars per day. Mr. Moran was asked if he used any machinery or electrical motors in his operation? Mr. Moran stated that he uses a vacuum cleaner to vacuum the interior of the car. He stated he anticipated no objections from neighbors, but would be gl~d to discuss the proposal with the neighbors. Mr. Jones asked Mr. Moran if he used electric buffers? Mr. Moran stated he did not. Mr. Jones asked if Mr. Moran's business would depend chiefly on drop-in customers, or if he would advertise? Mr. Moran stated that there would be advertising in the Mercedes-Benz newsletter, and other advertisements o f this nature. Mr. Moran pointed out that it is not a high-volume business, and that in the winter-time, there may be only five cars done per week. Mr. Jones asked how the wax was stored --in what size drums? Mr. Moran stated the wax is in quart containers. Mr. Tanguma asked if there is any warning system at the ramp to alert pedestrians at this point? Mr. Moran stated not at this time, as he has not been using the basement for automotive purposes; he stated that the ramp would be moved 12 ft. closer to the street under his plans for the proposed business. Mr. Jorgenson noted that it appeared the ramp had a rather steep drop; he asked how low-centered vehicles could maneuver this? Mr. Moran stated that the ramp presently has a 20% "break"; he would tear out 24 ft. of the ramp, and realign the ramp to a 5% "break". ,- -5- Mr. Smith state d t ha t the only problem he could see would be that of vehicular traffic; he did not feel the proposed use would be in violation of the provision in the Ordinance re- garding repair or maintenance. Mr. Smith noted there are no power tools used in this operation, and there is no physical repair done to the automobile. Mr. Smith stated he didn't feel this block was subject to heavy pedestrian traffic. Mr. Jorgenson noted that the senior recreation center and the elderly housing units are to be constructed in the 3300 block of South Lincoln; he asked if this would create problems for the residents of the units walking to get groceries at Safeway, or for senior citizens walking to or from the senior recreation center? Discussion ensued. Mr. Jones noted that this area is in the downtown Central Business District, the City is spending considerable money to eliminate a similar body shop business north of Girard. He stated that he felt it would b~ rather unfair to the applicant if the proposal was approved, and he made the large investment that is proposed, to want to expand the use in the future and not be able to do so, or to have the City tell them they could not continue the operation. Mr. Jones pointed out that the sight distance for the ramp/sidewalk intersection is very poor. Mr. Tanguma agreed that there is very limited sight distance, even for a small amount of vehicles per day. Mr. Tanguma stated he did not feel the proposed use was "conducive to the area ." Mrs. Pierson stated that she sees a great deal of difference between cleaning and waxing and other maintenance operations. Mrs . Pierson stated that she would have to disagree with the staff report, which indicates that the staff feels the opera- tions are in the same class. Mrs. Pierson stated that as she understood the proposed operation, the operation would be similar to that of new car dealers; she stated that new car dealers are allowed to do a minimum amount of maintenance on their cars, and that Mr. Moran is asking for something less than new car dealers are allowed to do. Mrs. Pierson stated that she felt the traffic problems could be solved. The operation is not a body shop, but a cleaning operation. There would be less traffic than you would see in a new car operation; there will be no machines used in the operation other than a vacuum cleaner . Mrs. Pierson stated that she felt there is a very fine line in this instance, but she feels Mr. Moran's proposal could be approved without violation of the Ordinance. Mrs. Pierson stated that she didn't feel the application should be denied just because Mr. Moran might want to eventually expand the operation. Mrs. Pierson stated she felt it was imperative that Mr. Moran understand he could not do body work or maintenance on any cars. Mr. Jones asked how many apartment units were in the immediate area of the building proposed for the cleaning, waxing and polishing ope r a t ion? Mr. Moran stated that the apartment structure on the alley is a two-story structure; four units r ,--• -6- upstairs, and four units downstairs. Mr. Jones noted that the Fire Department had pointed out there are exposed wood joists that will have to be covered; this would separate the apartment area and storage area Mr. Moran is considering. Mr. Moran stated that the flooring on the lower floor of the apartments is open --there is no dry wall. Mr. Moran stated that there has been discussion regarding the construction of a fire wall; if the City Fire Department feels this is necessary, he will do so. Mr. Moran stated that the rest of the ceiling area is of cinder block, with a four inch concrete top. Mr. Don Smith asked if there would be sufficient off-street parking outside of the building to accommodate those cars that have been polished? Mr. Moran stated that off-street parking outside of the building should never be a problem; they do not as a rule park finished vehicles outside. Mr. Sm~th asked if Mr. Moran was aware that a sprinkler system will be required if more than three cars are in the basement at any one time? Mr. Moran indicated he was aware this matter had been discussed. Don Smith moved: Pierson seconded: The Planning Commission determine under the provisions of §22.4-10 b (107) of the Comprehensive Zoning Ordinance, the proposed use of waxing, cleaning, and polishing of automobiles is allowed in the B-1 Zone District. This particular type operation will not include any body work or other form of maintenance on automobiles. Mrs. Pierson stated that this approval does not include re- carpeting, reupholstering, or anything similar in nature, but did note that a very low volume of traffic would be generated by the proposed business, and suggested that this be included as a reason for approval of the operation. Mrs. Romans asked if this action could be interpreted to include such operations as a car wash in a B-1 Zone District? Mrs. Pierson informed Mrs. Romans that such a use would not be contemplated in this action; a car wash is not a "low traffic volume" business. Mr. DeWitt stated that he felt this action is outside the scope of the Ordinance; the use must be allowed or limited on the basis of the "USE" and not on the volume of traffic generated by such use. Mr. Jones stated that he would have to vote against the motion; he stated he did not think this is the proper type of operation for the Central Business District, and that the CBD was not designed for this type of service. .-r -7- Discussion ensued. Mr. Don Smith commented that he was bothered that the motion could be interpreted to allow a car wash operation; he noted that the proposed business is a custom car cleaning, and is a special service to a special type of vehicle. He stated that he did not feel this use is related in any manner to a car wash; in a car wash operation persons may at times leave the car running, increasing air pollution, and the volume of traffic is very heavy at times. Mrs. Pierson referred to §22.4-10 b (107) and noted that the items listed in this section refer to environmental impact; she emphasized there is a great deal of difference between a car wash and the type of operation that is proposed. She stated she failed to see how a car wash could be considered. Mr. DeWitt stated that he felt the Commission was making an analysis of the particular use at the location proposed, rather than a general study of the particular zone district affected. Mr. DeWitt stated th 1 a t he would say if the Commission approved this proposed use, it would be allowed in the open as well as in an enclosed building. Mr. DeWitt stated that if the Com- mission wanted to specifically exclude car washing operations, then to do so. Discussion ensued. Mr . Smith stated that he felt the washing of a car in Mr. Moran's business is only preparatory to waxing and polishing the 1car . Mr. DeWitt stated he felt it is a little more extensive; it is getting the car in a clean condition preparatory to waxing and polishing, true; but the car would have to be taken out of the basement area ~o be washed. Mr. Tanguma stated that he felt such car washing was a part of Mr. Moran's business. Mrs .. Pierson asked if the motion could be worded in such a way as to prohibit car washes? Mr. DeWitt stated that the Commission could state that no car washes would be permitted . Mr. Don Smith stated that he did not believe any person on the Com- mission wants to see a car wash in the B-1 Zone District. Mr. Smith asked Mr. Moran what it would do to his business if he could not wash cars at that site? Mr. Moran stated they have to use water; even when a car is brought in clean, the white- walls on the tires must be cleaned, and there are other instances when they must use water on a car. Mr. Moran stated that washing cars is not their primary function, and isn't .necessary on approximately 50% of their cars, but at the same time, he cannot live with the restriction of no washing at this site. Mr. Jones stated that he understood the floor drain in the basement goes into the sanitary sewer, and he understood that there would have to be a catch basin installed; he asked if the Staff could answer this matter? Mrs. Romans stated that Mr. Moran would have to comply with whatever Mr. Carroll stipulated, in addition to the changes to the exhaust system. Mrs. Romans stated that in an enclosed area there should be a floor exhaust to handle the carbon monoxide fumes. -8-- Mrs. Pierson asked if it is possible to ask for a variance for an anticipated use, or if it has to be for an existing use? Mr. DeWitt stated that a variance is for an anticipated use. Mrs. Pierson suggested that possibly the Commission could deny the request, and Mr. Moran could request a variance from the Board of Adjustment. Mrs. Romans pointed out that the use Mr. Moran has in mind is permitted in the B-2 Zone District, and the I-1 or I-2 Zone District. Discussion ensued. Mr. DeWitt noted that if the Commission chooses to eliminate car washes from consideration in their motion, they should be careful of the type of exclusion, and specify, for instance, a mechanical car wash. Further dis- cussion ensued . Pierson moved: Parker seconded: That action on this request be tabled. AYES: Jones, Parker, Pierson NAYS: Jorgenson, Don Smith, Tanguma ABSENT: Williams, Ed Smith, Wade The motion failed. Pierson moved: That action on this matter be postponed until the next meeting. There was no second to the motion, and the chairman declared the motion dead for lack of a second. Mr. Tanguma called for the vote on Mr. Smith's motion to approve the request. Mrs. Pierson stated that she wanted the record to reflect that she feels to act on this motion at this time is premature. The vote: AYES: None NAYS: Jones, Jorgenson, Parker, Don Smith, Tanguma ABSTAIN: Pierson ABSENT: Williams, Wade, Ed Smith The motion failed. Mr . Don Smith noted that he voted in opposition to the motion based on the advice from legal counsel that approval of this request could be too destructive to the B-1 zoned area. Mr. Moran thanked the Commission for their time and attention; he indicated that he would look for property in the B-2 Zone District for this particular use . -9- IV. SENIOR CITIZENS RECREATION CENTER CASE #18-76 Mr. Ron Rinker, of Barker, Rinker, Seacat Architects, Inc., stated that the task given to him -was to consider four different sites for the location of the Senior Citizens Recreation Center " Mro Rinker stated that a lot of time was spent developing a program for the recreation center, and what came out of the program was basically the physical criteria for the Center. Mr. Rinker stated that the proposed recreation center will be a 15,000 sq. ft. building, with a 6,000 sq. ft. outdoor recreation area, and parking space sufficient for 50 carso The sites considered were South Broadway at East Floyd Avenue, which would be 'to the west of the 104 apartment units for the elderly; south of the senior citizen housing on South Lincoln Street and East Girard Avenue; the east side of South Lincoln Street in the 3300 block, and in the 3400 block of South Lincoln Street. Mr. Rinker noted that the site on the east side of the 3300 block of South Lincoln Street has three small homes which would have to be purchased; the site in the 3400 block of South Lincoln Street has a small commercial building in the middle of the block, and was proposed to be developed as a medical complexo At one time, the joint use of this site was investigated, the joint use being between the medical complex and the recreation center. Mro Rinker stated that eight or nine schemes have been developed, and displayed and discussed each scheme. Mro Rinker stated that the Senior Citizens Advisory Committee has been very active, and it has been determined that a one-story building would be most satisfactory for the senior citizenso Mr 0 Parker asked what thought was given to acquiring all six houses on the east side of 3300 block South Lincoln and Girard? Mro Rinker stated that there has been discussion on the acquisi- tion of four of the houses, and having a cul-de-sac on South Lincoln Street. Mro Rinker stated that the possibility of using part of the basement of the apartment units for community room space for the recreation center has been explored, with the possibility of a physical connection between the two structures. Plans were displayed showing how the basement of the housing complex would be utilized for the recreation center, and plans which do not make use of the housing complex basement were displayedo A plan making use of a parking structure was noted and briefly discussed. Mr. Rinker noted that the parking structure would be an expensive structure in that there would have to be a sprinkler system and elevator systemo Plans which would have modified Lincoln Street -perhaps a 30 ft. width roadway, with a jog in the alignment, were discussed. -1 0-- -Mr. Parker asked if the building on Broadway in the Broadway- Floyd site consideration, was of sufficiently strong construction that perhaps part of it could be used as it is? Mr. Rinker stated that it was not, and the Plan and cost estimates were based on the removal of the structure. Plan F, the site in the 3400 block of South Lincoln Street, was a joint use plan, with the medical complex being built to front on South Sherman Street, and the Recreation Center fronting on South Lincoln Street. This plan would have a parking deck on the top of the recreation center, and there was a complicated leasing procedure. Mr.Rinker stated that the last plan he devised, Plan G, com- bines the best of a couple of plans preferred by the Parks and Recreation Commission and by the Senior Citizens Advisory Com- mittee . There will be a cul-de-sac on South Lincoln Street, space for drop-off and pick-up and access to the parking area. The structure will be on the east side of South Linc oln Street; the recreation center will be separate from the senior citizen housing project, but will be in close proximity to the elderly units. Mr. Rinker noted that the street will be modified and he felt this would make for a much safer situation for those senior citizens who would be crossing the street. Mr. Rinker stated he would like the Commission's reaction to all of the proposals. Mr. Don Smith stated that these proposals had been presented to the City Council at their retreat the previous weekend; the Council favored Plan G, and the only restriction they came up with was that construction must stay within the proposed $700,~00 budget. Mr. Smith stated that the Council liked the maneuverability of Plan G, the retention of the one-story building, and the elimination of higher priced plans. Dis-· cussion followed. Mr. Jones noted that when the site in the 3400 block of South Lincoln was considered for the medical complex, discussion centered on raising the grade of Sherman to move the structure out of the flood plain. Mr. Jones asked where the flood plain line was on South Lincoln Street? Mrs. Romans stated that she thought the line was just north of Girard Avenue, and that most of this site was in the flood plain. Mrs. Romans pointed out that it is possible to build in the flood plain, but the building must be flood proofed. Mrs. Pierson asked what the cost would be for a second floor on the recreation center? Mr. Rinker stated that the cost figured out to $37.50/square foot on both levels. Mrs. Pierson noted that hospitals are multi-story facilities, and asked why the recreation center couldn't be two story? Mr. Smith noted that hospitals have staff people available to assist the elderly people; in the recreation center, it must be possible for the elderly citizens to maneuver themselves where they want to go. Mrs. Pierson asked why the housing units were multi-story? Mr . Smith noted that at such time as the residents are not able ,.,. . -rr--~--- to take care of themselves, they will have to find other housing. -11- Mr. Jones pointed out that elevator l ~echanisms are very ex- pensive, and might not be justified for a two-story structure. Mr. Rinker stated that a lot of reasoning for a one-story structure does have to do with expense; there will be a very limited staff 1rom Parks and Recreation to oversee this opera- tion, and it is much more feasible for a small staff to operate on one-floor than on two floors. Mr. Rinker pointed out that the building construction is only the first step in the over- all cost to the City; the matter of staffing, materials, furnishings, etc. enters into the total cost. Mr. Rinker pointed out 'also that senior citizens prefer not to get into elevators. Mrs. Pi'erson asked what it would cost to put parking under the building? Mr. Rinker stated there would be the cost of ramps, a sprinkler system, an exhaust system, elevators, to be considered; he stated that the parking structure considered in the scheme on the north side of the 104 living units was estimated at $80,000. For a parking structure to be used by elderly citizens, you must provide wider parking stalls, and these drivers are more apt to become upset with the maneuvering required to park a car in a parking structure. Mr. Parker asked if Plan G proposes taking the three houses that are owned by the Archdiocese on the east side of South Lincoln Street in the 3300 block? Mro Rinker stated the plan would propose taking those three houses, plus one privately owned home. Mr. Rinker stat~d that he has discussed these plans with personnel at St. Louis, and they can see the ad- vantage of discouraging through traffic on South Lincoln Street for the safety of the children using the playground. As long as there .is access, no objection was voiced. Mr. Rinker stated that the plans have been reviewed with the Fire Department, and some pads will be provided for the fire vehicles. The plans were also reviewed with Mountain Bell and Public Service Company; there are a considerable number of cables and lines running through South Lincoln Street; Plan G eliminates the need for a utility tunnel that would be required with some of the other schemes previously discussed. Mr. Parker stated that he felt Scheme F was his preference; he stated he would like Plan G better if it proposed removal of the two houses fronting on Girard Avenue. Mr. Rinker stated that it is a matter of cost; there seemed to be adequate open space and land around the proposed center without the acquisition of those two houses. Discussion followed. Mr. Rinker stated that land in this area is running around $5/sq. ft. ~ -12-I ,-- I' Mrs. Pierson asked if it would be feasible to get options on the two houses fronting on Girard Avenue? Mr. Smith stated that the City did not have the money to exercise the options piscussion ensued. Mr. Tanguma stated that he liked Plan G, but he felt there "were a lot of people left out" in not planning and building a community or recreation center for the entire population. The matter of cost was discussed, antl Mr. Smith pointed out that construction costs for the senior citizen recreation center cannot exceed $700,000. Brief discussion followed. Jones moved: Jorgenson se~onded: The Planning Commission go on record as approving Plan G for the Senior Citizen Recreation Center. AYES: Tanguma, Jones, Jorgenson, Parker, Piers:>n, Don Smith NAYS: None ABSENT: Williams, Wade, Ed Smith The motion carried. V. FINDINGS OF FACT Lot 6, Bell Isle Gardens CASE #14-76 Mr . Tanguma asked if there was any discussion on the Findings of Fact, as prepared by the staff, relative to the zoning of Lot 6, Bell Isle Gardens to I-1, Light Industrial? Don Smith moved: Jones seconded: The Planning Commission adopt and recommend to City Council the Findings of Fact for Case #14-76, the zoning of Lot 6, Bell Isle Gardens, to I-1, Light Industrial. AYES: Tanguma, Jones, Jorgenson, Parker, Pierson, Don Smith NAYS: None ABSENT: Ed Smith, Wade, Williams The motion carried . Vl. DIRECTOR'S CHOICE Mrs. Romans discussed the Planning Commission tour taken on May 8th; four Councilmen, three Board of Adjustment members, and two Planning Commissioners went on the tour. Mrs . Romans noted that at the last meeting, considerable time was spent going through the Handbook; she asked if the members have had time to review the Handbook further? She asked if there were no further changes to be made, would the Commission want to make a motion formally adopting the Handbook? Mr. Don Smith s tated that he felt that possibly there should be additional consideration at the next study session. r • • -13-. Mrs. Romans stated that the study session would concentrate on the Comprehensive Plan, and asked members to bring their copy of the Plan to the meeting. The staff will also have the third draft of the Mobile Home Park , Zone District to give members. This will be a new zoning classification, and will be applied on the specific request of the property owners. Mrs. Romans discussed the procedure gone through in the drafting of the Mobile Home Park Zone District . VII. COMMISSION'S CHOICE Mrs. Pierson asked what the status was on the search for a Director for the Department of Community Development? Mrs. Romans noted that the position was offered to one person, and in response ·to the question as to the reason given for not taking the position, Mrs. Romans said that the person had told her he had declined to take the job because he is making more money as an Assistant Professor in nine months than he could as the Director in twelve months, and that he had another commitment he must honor. The meeting adjourned at 9:25 p.m. ~ertrude G. We ty R:cording Secretary • ---l4::1 ---------------r---------! ----------;--- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION • DATE: May 18, 1976 SUBJECT: Findings of Fact -Case #14-76 RECOMMENDATION: Don Smith moved: Jones seconded: The Planning Commission adopt and recommend to City Council the Findings of Fact for Case #14-76, the zoning of Lot 6, Bell Isle Gardens, to I-1, Light Industrial. AYES: Tanguma, Jones, Jorgenson, Parker, Pierson, Don Smith NAYS: None ABSENT: Ed Smith, Wade, Williams The motion carried. By Order of the City Planning and Zoning Commission.