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HomeMy WebLinkAbout1987-08-18 PZC MINUTES• • • 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 - -1 - 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. -2 - • • • • • • 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 -3 - 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. -4 - • • • • • • 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. -5 - 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. -6 - • • • • 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. -7 - 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 -8 - • • • • • • 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 . -9 - 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. -10 - • •