HomeMy WebLinkAbout1987-08-18 PZC MINUTES•
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I.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
AUGUST 18, 1987
CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission was called to
order at 7:05 P. M. by Chairman Carson.
Membe r s pr esent: Russell, Allen, Barbre, Such, Maunakea, Mulhern, Carson
Romans, Ex-officio
Membe r s absent:
Also present:
Hanson , Magnuson
Senior Planner Susan Hirsch
Planner II Harold Stitt
Utilities Manager Mike Woika
Director of Engineering Services Densel Ragland
Mr . Carson welcomed Mr . Such to the Planning Commission. Mr. Such was recent-
l y appointed by the City Council to fill the vacancy created by Mr. Beier's
resignation.
II. APPROVAL OF MINUTES.
August 4, 1987
Mr. Carson stated that the Minutes of August 4, 1987 were to be considered for
approval .
It was noted that the Case Number cited on Page 1 of the Minutes should be
#14 -87, and not #4-87 .
A 11 en moved:
Barbre seconded: The Planning Commission Minutes of August 4, 1987 be ap-
proved with the change noted on Page 1.
AYES:
NAYS:
ABSENT :
ABSTAIN :
Allen, Barbre, Russell, Carson
None
Hanson, Magnuson
Such, Maunakea, Mulhern
The motion carried .
II I. RIGHT-OF-WAY VACATIONS
Phase III rights -of-way
Portion of Girard Avenue
CASE #20-87
Mr . Sti tt addressed the Commission, and stated that the rights-of-way to be
vacated ar e:
1) South Bannock Street, between the south right-of-way line of the
former West Girard Avenue and the north right-of-way line of West
Hampden Avenue .
2) The sixteen (16) foot wide north/south alley adjacent to the east
line of Block 1 , McKinley 's Subdivision between the south right -of -
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3)
way line of Englewood Parkway and the north right-of-way line of the
deceleration lane along U. S. 285 to Englewood Parkway.
The sixteen (16) foot wide east/west alley between the west right-of-
way line of South Bannock Street and the east right-of-way line of
the north/south alley in the 3400 south block between Englewood Park-
way and South Bannock Street.
4) The fifteen (15) foot wide north/south alley adjacent to the west
line of Lots 2 -11, Block 1, City Gardens Subdivision, and Lots 1 -
13, Block 2, Nielsen's Subdivision. The northern border of the alley
is the south right-of-way line of Englewood Parkway and the southern
boundary is the north right-of-way line of West Hampden Avenue.
5) The former West Girard Avenue between the south right-of-way line of
Englewood Parkway and the south right-of-way line of the former West
Girard Avenue, said south right-of-way line being the north boundary
line of the undedicated portion of Lots 8 and 32, Flood's Addition to
Englewood; and the north boundary line of Lot 12, Block 1, City Gar-
dens Subdivision.
These rights-of-way are, with the exception of the portion of West Girard
Avenue to be vacated, within the Phase III area sold to Trammell Crow by the
Urban Renewal Authority in late July. Mr. Stitt delineated the points of ac-
cess to the site, and emphasized that the proposed vacations would have no
effect on the points of ingress/egress. The easement across the Phase III
site for Little Dry Creek will be retained. The vacation of the rights-of-way
will allow for development of the site without the constraints of designing
the development to accommodate the existing streets and alleys.
The vacation of the portion of West Girard Avenue is requested because of a
proposed realignment of the West Girard/South Elati Street intersection with
the entrance to Cinderella City at Joslins. The ramp to the underground park-
ing area of Cinderella City has been filled, and part of this filled ramp area
will be used to realign the street. Mr. Stitt stated that the project has
been put out to bid and construction should begin in the near future.
Discussion ensued.
Allen moved:
Mulhern seconded: The Planning Commission recommend to City Council that the
following rights-of-way be vacated:
1) South Bannock Street, between the south right-of-way line of the
former West Girard Avenue and the north right-of-way line of West
Hampden Avenue.
2) The sixteen (16) 'foot wide north/south alley adjacent to the east
line of Block 1, McKinley's Subdivision between the south right-of-
way line of Englewood Parkway and the north right-of-way line of the
deceleration lane along U. S. 285 to Englewood Parkway.
3) The sixteen (16) foot wide east/west alley between the west right-of-
way line of South Bannock Street and the east right-of-way line of
the north/south alley in the 3400 south block between Englewood Park -
way and South Bannock Street.
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4) The fifteen (15) foot wide north/south alley adjacent to the west
line of Lots 2 -11, Block 1, City Gardens Subdivision, and Lots 1 -
13, Block 2, Nielsen's Subdivision. The northern border of the alley
is the south right-of-way line of Englewood Parkway and the southern
boundary is the north right-of-way line of West Hampden Avenue.
5) The former West Girard Avenue between the south right-of-way line of
Englewood Parkway and the south right-of-way line of the former West
Girard Avenue, said south right-of-way line being the north boundary
line of the undedicated portion of Lots 8 and 32, Flood's Addition to
Englewood; and the north boundary line of Lot 12, Block 1, City Gar-
dens Subdivision.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Russell, Allen, Barbre,
None
Hanson, Magnuson
None
Such, Maunakea, Mulhern, Carson
The motion carried.
IV. ROCKY MOUNTAIN CONSTRUCTORS
Preliminary Subdivision Plat
CASE #16-87
Mr. Carson stated that a Public Hearing is scheduled on a Preliminary Subdivi-
sion Plat filed by Rocky Mountain Constructors.
Allen moved:
Mulhern seconded:
AYES:
NAYS:
ABSENT :
ABSTAIN:
Barbre,
None
Hanson,
None
The Public Hearing on Case #16-87 be opened.
Such, Maunakea, Mulhern, Russell, Allen, Carson
Magnuson
The motion carried.
Mr. Carson asked if Public Notice had been given of the Public Hearing. Mrs.
Romans stated that Public Notice on a Subdivision Plat is by certified mail to
adjoining property owners, which notice has been given.
Senior Planner Hirsch stated that the applicant is present and will make the
presentation; also present are Director of Engineering Services Densel Ragland
and Utilities Manager Mike Woika.
Mr. Larry Bacon, Rocky Mountain Constructors, 3070 South Wyandot Street, En-
glewood, Colorado, was sworn in. Mr. Bacon stated that Rocky Mountain Con-
structors is presently located at 3070 South Wyandot Street, which site is too
small to accommodate all their equipment and trucks during the winter months.
Mr. Bacon stated that the company presently has 35 pieces of equipment, a 22
vehicle truck fleet, and employs 80 people. If the subdivision and subsequent
Planned Development for this site is approved, their business will be totally
relocated to this site. He stated that Rocky Mountain Constructors wants to
stay in the Englewood area; nearly all their management people live in or near
Englewood, and this site is in close proximity to both South Santa Fe Drive,
and to Interstate 25. Mr. Bacon noted that the site is approximately 6 .7
acres in size, and approximately 5 acres of the site are within the flood
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plain of Big Dry Creek. Rocky Mountain Constructors will have to provide fill
on the site to get it out of the flood plain. Mr. Bacon stated that the Corps
of Engineers has issued a permit to them to fill the site, and the next step
is to get the permits from the City of Englewood for the fill. Mr. Bacon em-
phasized that this fill will not be the type of fill required for development
of structures, but for the parking of the vehicles. He estimated that they
would have the site filled within six months.
Ms. Susan Hirsch, Senior Planner, was sworn in, and stated that the staff
would like to ask that a drainage easement be shown on the plat in the south-
west corner of the site to coincide with the public use area which is shown on
the Development Plan. An easement also needs to be shown on the Plat extend-
ing diagonally from the northwest to southeast corner, again to coincide with
information shown on the Development Plan. Ms. Hirsch stated that the appli-
cant has agreed to show both these easements on the Final Subdivision Plat.
Mr. Bacon stated that not showing these easements on the plat was an over-
sight. He also noted that there are several antiquated easements, such as to
Colorado Central Power, which they may request be vacated.
There were no other persons in the audience who wished to address the Commis-
sion concerning this matter.
Barbre moved:
Maunakea seconded: The Public Hearing on Case #16-87 be closed.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Such, Maunakea, Mulhern,
None
Hanson, Magnuson
None
The motion carried.
Maunakea moved:
Russell, Allen, Barbre, Carson
Mulhern seconded: The Planning Commission approve the Preliminary Plat for
Rocky Mountain Constructors, with the proviso that the two
easements delineated by the staff be shown on the Final
Plat.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Maunakea, Mulhern, Russell, Allen, Barbre, Such, Carson
None
Hanson, Magnuson
None
The motion carried .
v. ROCKY MOUNTAIN CONSTRUCTORS
Planned Development
CASE #17-87
Mr. Carson stated that a Public Hearing is scheduled to consider a Development
Plan for the Rocky Mountain Constructors.
Allen moved:
Mulhern seconded: The Public Hearing on Case #17-87 be opened.
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AYES:
NAYS:
ABSENT:
ABSTAIN:
Maunakea,
None
Magnuson,
None
The motion carried.
Mulhern, Russell, Allen, Barbre, Such, Carson
Hanson
Mr. Carson stated that the required public notice of the Hearing had been
given.
Mr. Carson noted that Mr. Bacon was still under oath, and asked that he make a
presentation on the Planned Development for this site.
Mr. Bacon stated that much of his previous testimony applies to this Public
Hearing, also. Mr. Bacon presented members of the Commission with an aerial
photograph of the site, and stated that this was the former location of the
American Excelsior Plant. There are several buildings on the site, which will
be razed or relocated and refurbished. Rocky Mountain Constructors will build
four structures and make provision for outside storage for their equipment and
truck fleet. Mr. Bacon described the type of construction proposed for the
various structures, and noted there will be an on-site caretaker facility.
Mr. Bacon discussed the washing/fuel facility, and the concerns that have been
expressed by the Utilities Department on the effluents from this facility.
Mr. Bacon stated that they will have a grease and dirt trap for the effluent
to drain into. The southerly part of the site will be used as an equipment
parking area. The surifacing of the site to the east of the buildings will be
asphalt or some other hard surface; on the western side, the surfacing will be
gravel. The flow of the drainage on the site will be from the east to the
west. The fuel and oil leaks from parked vehicles will be absorbed into the
gravel rather than draining directly into Big Dry Creek. This will necessi-
tate frequent changing of the gravel, which Rocky Mountain Constructors has
agreed to do.
Mr. Bacon discussed the embankment of Big Dry Creek and the access which will
be deeded to the City for maintenance purposes.
Mr. Carson asked if there were questions of Mr. Bacon.
Mrs. Russell asked if Rocky Mountain Constructors would be expanding the busi-
ness by adding additional equipment or vehicles. Mr. Bacon estimated an ex-
pansion of approximately 10 pieces of equipment and/or vehicles.
Mrs. Russell inquired on the type of work Rocky Mountain Constructors does.
Mr. Bacon stated that Rocky Mountain Constructors is an earthmoving firm, and
that 90% of their work used to be for developers, and 10% was public work.
However, since the economic downturn they have changed their mode of opera-
tion, and he estimated that their work is now 50% for private development and
50% is public work, such as channelization work, dam construction, highway
construction. Doing this type of work has necessitated their venturing into
asphalt work, concrete forming, etc.
Mr. Carson asked what was used in cleaning the vehicles . Mr. Bacon stated
that they use an ordinary detergent in the cleaning of the vehicles. Solvent
vats and solvent sprays will be used in the wash facility and they will take
steps to assure proper usage of these materials.
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Mrs. Russell asked what would happen to the effluents after they have gone
through the grease trap; will they then flow into the Big Dry Creek. Mr. Ba-
con stated that at the present time, they are drained into an underground •
tank, and he suggested that this same procedure could be followed at the new
location. He stated that Rocky Mountain Constructors will work with the
Utilities Department to ensure that contaminants will not get into the water
supply.
Mrs. Russell stated that she is pleased to see industrial development proposed
for this part of the City, but is very concerned about the possibility of
water pollution.
Ms. Hirsch stated that Utilities Manager Mike Woika is present to address the
Commission.
Mr. Woika was sworn in and stated that the water plant is just down stream
from this site. There were four major concerns that the Utilities Department
has expressed, which are (1) the wash area; (2) the underground fuel tank; (3)
the storage of vehicles on the south one-half of the site with the possible
leakage; and (4) the solvents to be used in the vats and inside the buildings.
He stated that they have talked to the staff within the City, with the State,
and Tri-County Health officials. The solvents used inside the building in the
vats and sprays will have to go into the sanitary sewer system, but Rocky
Mountain Constructors will have to obtain a Pretreatment Permit. The under-
gr ound fuel tanks will be of new construction, and will probably not present
that much of a problem, in Mr. Woika's opinion. All regulations regarding the
installation of underground tanks will have to be followed by Rocky Mountain
Constructors. The storage of vehicles does present a concern about the •
leakage of oils and fuels and the eventual drainage into Big Dry Creek. If
they ar e parked on gravel, this will act as a filter and should absorb most of
the contaminants. The wash water and fuel-up area is another area of concern.
This area will have to have a grease, oil and dirt trap, and it will have to
be monitored closely. Mr . Woika stated that if a float type of trap is used,
the water will drain into the Creek, but the grease and dirt will float in the
trap and will have to be removed. Mr. Woika stated that the Utilities Depart-
ment will review the design of the trap and will monitor it, also. If prob-
lems are determined, the Utilities Department reserves the right to request
additional treatment measures.
Discussion ensued. Mr. Carson asked if the Water Department had approved the
plan. Mr. Woika stated that the plan has been approved with the conditions as
cited in the Staff Report .
Mr s. Russell asked what kind of chemicals will be used in the solvents, etc.
Mr. Woika stated that the Utilities Department will probably be addressing gas
spills and light distillates. Mrs . Russell stated that she did not feel that
enough caution could be taken on the part of the Water Department to protect
the water supply . She pointed out that the reputation of the City is at
s t ake.
Mr . Wo i ka stated that the Utilities Department routinely tests for solvents,
and would be able to respond very quickly if a rise in contaminants is noted
in the testing.
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Mrs. Romans stated that Ms. Ragland was present to answer any questions the
Commission might have on the filling of the site and the drainage. No ques-
tions were posed to Ms. Ragland .
There were no other persons in the audience who wished to address the Commis-
sion in this matter.
Maunakea moved:
Mulhern seconded: The Public Hearing on Case #17-87 be closed.
AYES:
NAYS:
Maunakea, Mulhern, Russell, Allen, Barbre, Such, Carson
None
ABSENT: Hanson, Magnuson
None ABSTAIN:
The motion carried.
Maunakea moved:
Allen seconded: The Planning Commission recommend approval of the Planned
Development for Rocky Mountain Constructors, with the fol-
lowing conditions:
1) All the surface runoff from the paved area where the fuel island and the
washing facilities are located should be channeled to a single discharge
point where an oil/grease trap must be installed. All the runoff emanat-
ing from this area must flow through the trap prior to discharge. This
trap should be of sufficient size and configuration to trap gasoline,
oils and other light distillates during storm events as well as during
normal low flow operation.
Rocky Mountain Constructors will be responsible for the regular pumping
and cleaning of the trap. The City's Industrial Pretreatment Specialist
will check on the trap operation and on the water quality leaving the
trap on periodic basis . If it is found that the quality of the effluent
leaving the trap contains contaminants which are degrading the Big Dry
Creek and the Englewood water source, further water quality protection
provisions will be required, and the proper State agency may be contacted
for enforcement and corrective action.
In addition, the trap effluent line shall be installed with a valve on
it. If a spill or leak were to occur, the valve could be closed and the
contaminants would then be contained on site for treatment and removal.
This dictates that the paved area that has the runoff channeled into the
trap be depressed and able to hold the amount of a major spill during a
storm event.
2) The area on the site shown as equipment storage and parking will not re-
quire a grease and oil trap if the runoff is a non-point discharge, that
is, if the runoff is not channeled into a specific discharge location.
It appears that the runoff from the storage and parking area all travels
through the graveled portion of the yard before discharge. This would
indicate an acceptable no-point discharge. However, if this portion of
the storage area is paved, or if the discharge is channeled into specific
discharge points over time, suitable grease and oil traps will be
required.
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3) The proposed underground fuel storage tanks will require strict adherence
to all current underground tank regulations.
4) An Industrial Pretreatment permit may be required if the garage facility
is connected to the sanitary sewer. In any event, a questionnaire on the
business will need to be filled out with the City's Industrial Pretreat-
ment Specialist.
5) The site will require backflow devices on the water service lines enter-
ing the site.
6) There are a number of water line easements through this property. As a
reminder, no structure can be constructed on the easements and access to
the easements by City personnel must be permitted.
7) Approval from Urban Drainage must be obtained.
8) There shall be compliance with all other applicable codes and ordinances.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Mulhern, Russell, Allen, Barbre, Such, Maunakea, Carson
None
Hanson, Magnuson
None
The motion carried:
Mrs. Romans stated that the Planned Development will not be forwarded to City
Council until the Final Plat for the Subdivision is approved by the Planning
Commission, and both items will be forwarded at one time.
VI. LANDSCAPE ORDINANCE REVISION CASE #15-87
Mr. Carson stated that the Greater Englewood Chamber of Commerce has submitted
their suggestions for amendments to the Landscape Ordinance, which suggestions
were included in the packet for the Planning Commission. He asked how members
of the Commission wanted to proceed on these suggestions.
Mrs. Russell stated that she had understood the Chamber members were consider-
ing more substantive changes than what has been submitted to the Commission.
Mr. Carson stated that Mrs. Romans suggested an ad hoc committee of two or
three members of the Commission meet with private citizens and representatives
of the Chamber to consider the proposed changes. He asked the consensus of
the Commission on this suggestion. Mrs. Russell stated that it appears that
many of the concerns of the Chamber are grammatical, and that this would not
warrant special committees or meetings for consideration.
Mr. Allen stated that one item which has concerned some Chamber members, and
which also concerns him, is the requirement that a monetary contribution be
made to a beautification fund if landscaping cannot be installed on a site.
He questioned that a property owner/businessman should be penalized if the
landscaping cannot be provided.
Mrs. Romans stated that the one item which has been of concern to Chamber mem -
bers, and to the staff, is the phrase "change of ownership" which triggers
the application of the landscaping provisions. In some instances, if a
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businessman adds his spouse's name to the deed, this is recorded as a change
of ownership, or if family members take over a majority of the stock in a
business at the time of retirement of the principal stockholder. The business
remains within the "family", but this is, technically, a change of ownership.
She questioned that either of these two instances should be regarded in the
same manner as an outright sale of property to another firm or individual.
Discussion ensued. Mrs. Russell stated that, in her opinion, the adding of a
spouse's name to the deed should be considered differently than a situation
wherein heirs assume or inherit a business upon the retirement of the business
principal.
A modified definition of "change of ownership" is to be written by the staff
and brought back to the Commission at their next meeting.
Another point of conflict appears to be the requirement that 1003 of the land-
scaping materials shall be of living plant materials. Mrs. Romans suggested
that perhaps the 1003 is excessive, and the percentage should be lowered to
the original figures of 903 in the single-family and two-family districts, and
to 503 in the multi-family and business districts. Discussion ensued.
The staff was asked to revise these items, and to bring the revisions back to
the Commission at their next meeting.
VII. PUBLIC FORUM.
There was no audience present to address the Commission.
VIII. DIRECTOR'S CHOICE .
Mrs. Romans stated that the City Council approved the proposed amendments to
the Subdivision Regulations on First Reading at their meeting of August 17.
They will be considered at Second Reading at the first meeting of September.
PARKING AGREEMENT CASE #23-87
Mrs . Romans stated that the Comprehensive Zoning Ordinance provides that the
Planning Commission must approve agreements on joint use of parking . Mrs.
Romans submitted to the Commission copies of a letter signed by Steve Golden
stating that he will grant use of parking to the City on the Hill Church at
4391 South Broadway. Mrs . Romans stated that this letter is not sufficient to
serve as a formal agreement, but wanted to bring it to the attention of the
Commission at this time.
Discussion ensued. It was the consensus of the Commission that if a formal
agreement between Mr. Golden and the City on the Hill Church were to be pres-
ented to them, they would consider such a request for joint use of parking.
Mrs. Romans extended to the Commission an invitation to an open house at the
Englewood Public Library on September 10 from 6:30 -8:30 p.m.
The next meeting of the Planning and Zoning Commission has been rescheduled
for September 15 because of the Labor Day Holiday .
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IX. COMMISSIONER'S CHOICE.
Mr. Carson thanked Ms. Hirsch for the letter she had written Safeway regarding
the maintenance and replacement of their landscaping.
Mr. Maunakea stated that there are holes in the alley behind his property; he
fills the holes with gravel, and the City crew promptly grades the alley and
digs out the holes again. Mrs. Romans stated that she would mention this mat-
ter to the Public Works Department.
Mr. Allen stated that he would like to welcome Mr. Curtis Such to the
Commission.
There being no further business to come before the Commission, the meeting was
adjourned at 8:15 P.M.
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