Loading...
HomeMy WebLinkAbout1986-04-22 PZC MINUTES, - • • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION April 22, 1986 CALL TO ORDER. The regular meeting of the Englewood Planning and Zoning Commis- sion was called to order by Chairman Carson at 7:00 P. M. Members present: Carson, Mulhern, Maunakea, Barbre, Beier Members absent: Gourdin, Magnuson, Mesa, Allen Also present: D. A. Romans, Assistant Director of Community Development Susan T. King, Senior Planner Joyce Parsons, Code Enforcement Officer II. APPROVAL OF MINUTES. April 8, 1986 April 15, 1986 Chairman Carson stated that the Minutes of April 8 and April 15 were to be considered for approval. Barbre moved: Mulhern seconded: The Minutes of April 8, 1986 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Maunakea, Mulhern, Barbre, Carson None Beier Gourdin, Magnuson, Mesa, Allen The motion carried. Mulhern moved: Beier seconded: The Minutes of April 15, 1986 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Maunakea, Mulhern, Barbre, Beier, Carson None None Mesa, Allen, Gourdin, Magnuson The motion carried. III. ALLEY/EASEMENT VACATION Grant/Logan Alley and easement to Grant Street CASE #11-86 Mr. Carson asked if the staff wished to make a presentation on the alley/easement vacation. Ms. King stated that the staff had no comments to add to the information in the staff report at this time, and pointed out that the applicant is present to discuss the request. Robert Anderson Wickliff & Company 303 E. 17th Avenue Denver, CO 80203 -Suite 1110 stated that Wickliff & Company is propos- ing to buy the subject site from Safeway Stores, Inc. They are asking that a por- tion of the north/south alley, which bi- sects the site they are interested in purchasing, be vacated, and they propose to dedicate an alternate east/west access way from the north/south alley to South Grant Street. Mr. Anderson stated that the proposed landscaping plan meets the requirements of the Comprehensive Zoning Ordinance. Mr. Carson asked if Mr. Anderson was aware of the .staff recommen- dation contained in the Staff Report, and if he agreed with these recommendations. Mr. Anderson stated that he has read the Staff Report, and is an agreement with the recommendations. Mr. Carson asked if the staff had anything to add at this time. Ms. King stated that the turning radius at the north/south and east/west alley intersection will be sufficient to accommodate fire pumpers and trash trucks. Mrs. Romans stated that this proposal was initially discussed at the time of the new Safeway Store development. Safeway did not want to pursue the vacation/dedication process for this north parcel at the time of their development because they did not have a prospective purchaser for the property. Mr. Carson asked if anyone else wished to address the Commission on this matter. No one else spoke regarding the proposed alley vacation/dedication. Mulhern moved: Maunakea seconded: The Planning Commission approve and recommend to City Council that the alley and easement vacation of a portion of the Grant/Logan al- ley, which alley bisects the applicant's prop- erty, and the dedication for an alternate east/west right-of-way between the existing alley and South Grant Street be accepted. The following provisions shall apply to this recommendation: 1) The dedicated alley between the Grant/ Logan alley and South Grant street shall be paved with 8" concrete. -2 - • • • • • • AYES: NAYS: ABSTAIN: ABSENT: 2) Any utilities located in the vacated por- tion of the alley shall be relocated by the developer prior to construction of any structure. Maunakea, Mulhern, Barbre, Beier, Carson None None Magnuson, Mesa, Allen, Gourdin The motion carried. Ms. King presented Commission members with a copy of a lease agreement on joint-use parking between Wickliff & Company and Safeway stores, Inc., which agreement will be recorded. IV. CONDITIONAL USE 3655 s. Broadway CASE #9-86 Mrs. Romans stated that the focus of the City has been on the enforcement of the Comprehensive Zoning Ordinance in general, and in particular, the B-2 Zone District and auto-related uses which are classified as Conditional Uses. Mrs. Romans stated that there seems to have been some misunderstanding on the part of some applicants that landscaping requirement compliance may depend on the planting season, but that other requirements in- cluded in the approval of a Conditional Use must be complied with immediately before the business opens. Mrs. Romans stated that the staff has been experiencing this "misunderstanding" with Mr. Hack, proprietor of Auto World International at 3655 South Broad- way. At the time the Commission granted approval of the Condi- tional Use on March 4, 1986, Mr. Hack was given until July 1, 1986 to install the required landscaping on the site; however, other elements of the approval such as the 10 foot setback and striping of the parking lot were to be complied with prior to opening for business. Mr. Hack did not comply with the 10 foot setback, and the vehicle stalls were not striped as shown on the approved plan. In addition to several personal contacts by Code Enforcement Officer Parsons, a letter was sent to Mr. Hack by the staff advising him of the necessity of compliance with the plan as approved by the Commission, and that unless compliance was forthcoming, the Commission would consider rescinding the approv- al for the Conditional Use. Mrs. Romans introduced Zoning Enforcement Officer Joyce Parsons to the Commission, and stated that if the members had questions of Ms. Parsons, she would answer them. Mrs. Romans stated that Ms. Parsons spends 100% of her time on enforcement of the provi- sions of the Comprehensive Zoning Ordinance. Mr. Gourdin entered the meeting at 7:15 P.M . -3- Ms. Parsons and Mrs. Romans presented pictures which were taken of the subject site. Mrs. Romans stated that the pictures were taken on April 19 and on April 22. Mrs. Romans stated that the question of compliance or lack thereof is on the 10 foot setback and the striping for the vehicle stalls to comply with the ap- proved site plan. Mr. Maunakea stated that he recalled there was to be landscaping in the center raised portion of the lot, and that vehicles were not to be parked on this portion. Mr. Wm. Hack 3655 South Broadway stated that he is the proprietor of Auto World International. Mr. Beier asked if Mr. Hack was in attendance at the time of the Hearing on this Conditional Use. Mr. Hack stated that he was in attendance at the meeting on March 4. He did not attend the hearings at the time the amendments to the Comprehensive Zoning Ordinance were enacted. • Mr. Hack stated that when he first contacted the property owner of 3655 South Broadway to inquire about operating a car sales lot at this location, he was told there were ordinances in effect requiring that 20% of the lot be landscaped, with 80% of the 20% being located in the front of the lot. Mr. Hack was informed by the staff of requirements for designated customer and employee • parking on the lot. Mr. Hack stated that he was never told that the arrangement of vehicles on the lot (striping of the stalls) was part of the landscaping plan. Mr. Hack stated that when he signed the agreement with the landowner to lease the site, the landowner was to make specific repairs to the building and to the parking lot. Mr. Hack stated that the property owner did, as of April 20 and 21, sealcoat the parking lot; this sealcoating must "cure" for a given period of time before stripes can be painted. Mr. Hack stated that he is "guilty" of not complying with the 10 foot setback provision, but he was under the impression that he had until July 1, when the landscaping was to be installed, to comply with all of the conditions. He parked the vehicles in the 10 foot setback in an effort to gain as much street exposure as possible. Mr. Hack stated that he did not feel he should be obligated to do the striping for the parking stalls. He feels that the way he chooses t o park the vehicles on his lot is part of his business, and not a concern of the Commission. Mr. Hack stated that he has no quarrel with provision and designation of customer and em- ployee parki ng spaces. Mr. Hack pointed out that the building has been repainted and repaired, and he has taken other steps to improve the visual ap- pearance o f the property, even though the landlord has not ag- gressively pursued the repair of the parking lot. -4- • .. • • • Mr. Hack stated that he was a landscape archite ct for 15 years, and understands the desire of the City for aesthet i c quality in d e vel opment. Mr. Hack reiterated his posit ion that the actual pl a cement of the vehicles on the lot was not p a r t of the original a greement, and he is of the opinion that the businessman must be allowed some l e eway or variation in the place ment of the cars to best attract customers. Mr. Hack stated that it i s his opinion that provisions of the ordinance pertaining to t he auto vehicle sales lots should be reviewed and revised. He cited another use in a block to the south of his business wherein v ery minimal landscaping is provided and up to 30 vehicles are parked next to the sidewalk; this business is not an auto-related use. Mr. Hack suggested that some of the restrictions placed on the auto- related uses are not fair. Mr. Carson asked if he understood that the Plan whi ch was pres- ented to the Commission and approved on March 4 was developed by Mr. Hack. Mr. Hack stated that the Plan was his. He admitted that he parked vehicles in the 10 foot setback area to capitalize on the visibility from Broadway. Mr. Hack stated t hat he will do as much to improve his property as his budget will allow,and have it done as soon as possible; he will have all the landscaping installed by July 1, 1986. Discussion ensued on the need for compliance by Mr . Hack with the provision of the 10 foot setback and the striping of the parking lot. Mr. Hack further discussed his contention that provisions of the ordinance need to be reviewed and revised t o clarify the requirements and ensure fairness to auto dealers. Mr. Hack stated that it has not been shown him wherein it is "required" that the parking lot be striped to set forth the parking layout for the display vehicles. He further asserted that there is nothing that requires that the arrangement of displ a y vehicles be exactly as it is shown on the site plan presented t o the Commis- sion. Mr. Hack stated that he had discussed this with members of the staff, and they had no problems with the displ ay area not being striped. Mr. Mulhern asked if Mrs. Romans concurred. Mrs. Romans stated that she did not, and cited Section 16.5-3 of the Comprehensive Zoning Ordinance which addresses requirements of Conditional Uses. Mr. Hack stated that he would agree on setting a definite allowable number of vehicles in a lot, and he woul d agree on the necessity for designation of employee and customer p arking areas. He does not feel, as a small businessman, that he should have to stripe the display area and park the vehicles in one particular manner every day. He again contended that this is a determina- tion to be made by a businessman, and is not a concern of the city. Mr. Hack urged that the ordinance be reviewed and revised to allow flexibility for the businessman. He stated t h at if this is the only way that is approved for him to park the cars, he will have to live with that or find another location to do busi- ness. Further discussion ensued . The Commission recessed for an executive session at 7:40 P. M., and reconvened at 8:00 P. M. with the following attendance: -5- Present: Mulhern, Barbre, Beier, Carson, Gourdin, Maunakea Absent: Mesa, Allen, Magnuson Gourdin moved: Beier seconded: Mr. Hack, d/b/a Auto World International, 3655 South Broadway, shall comply with the required 10 foot setback immediately; as soon as the sealcoat on the parking lot is cured, the striping of the parking areas shall be striped according to the site plan approved on March 4, 1986; the landscaping shall be completed by July 1, 1986. Mr. Hack pointed out that if he is required to adhere to the site plan approved on March 4, 1986, he will be parking two vehicles on the top of the center raised area as indicated on the plan. Discussion ensued. Mr. Beier asked Mr. Hack if, in lieu of com- plying with the approved site plan, he wanted the Commission to withdraw approval of the Conditional Use. Mr. Hack stated that he felt that he and the Commission should come up with a compro- mise; he would be happy to work with the Commission but does not feel that the requirements and provisions of the Conditional Use provisions are fair. • Mr. Gourdin suggested that the Commission might recommend that Mr. Hack withdraw the site plan approved on March 4, and resubmit a new site plan. Mr. Beier pointed out that the Ordinance which has been approved by the City Council has to be followed; the • Commission has no choice but to require compliance with that Ordinance. Mr. Mulhern asked Mr. Hack if he understood what a revocation of the Conditional Use approval would imply. Mr. Hack asked if this would mean that he would not have the right to do business in this location until a second application for Conditional Use is approved. Mr. Mulhern stated that this is correct. Further dis- cussion ensued. Mr. Carson stated that if Mr. Hack wants to dis- cuss a possible revision of the Ordinance, he could attend a City Council meeting and pose the possibility to the Council members. Mr. Gourdin pointed out that even if Mr. Hack chose to reapply for Conditional Use approval, he would have to comply with the provisions of the Ordinance. Mr. Hack stated that he feels he should have the right to re-evaluate the plan and resubmit it, but that he should not be denied the r ight to do business in the interim. Discussion ensued. Mr. Gourdin stated that he would like to amend his previously offered motion to state that Mr. Hack shall comply with the 10 foot setback immediately; the lot shall be striped to indicate the parking stalls as soon as the seal ant has cured; the land- scaping shall be completed by July 1, 1986, and the staff shall report back to the Commission on May 6, 1986 on compliance ef- forts by Mr. Hack, based on the opportunity for Mr. Hack to go to the City Council to present his case and gain a consensus of the Council on whether a modification of the Ordinance would be ap- proved or d isapproved. Whatever the City Council recommends -6- • • • • regarding the striping of the lot will be the recommendation of the Commission on May 6 to Mr. Hack. Mr. Beier accepted Mr. Gourdin's amendment to the motion • The vote on the amended motion was called: AYES: NAYS: Barbre, Beier, Carson, Gourdin, Maunakea, Mulhern None ABSTAIN: None ABSENT: Allen, Magnuson, Mesa The motion carried. V. ANNEXATION MEETING REVIEW. Mrs. Romans presented Commission members with copies of a memo- randum from the Utilities Department Manager concerning water and sewer service to Annexation Area #2. Mrs. Romans stated that Finance Director Higbee had been given the names of the persons desiring information on the taxes and license issues which were raised at the meeting on April 15. Discussion ensued. Mrs. Romans suggested a letter to the persons who attended the meeting might be an appropriate follow-up. Mr. Carson agreed that a letter was appropriate. Mrs. Romans stated that Code Enforcement and Building & Safety Officials were asked to contact Home Lumber Company to determine what would be required in code compliance; it has been determined that life safety requirements are all that would have to be met. Mr. Beier noted that sales tax aspects of concern that Finance meeting of April 15. several persons expressed concern about the annexation to the City, and expressed his Director Higbee was not in attendance at the Discussion ensued. Revisions to the Comprehensive Zoning Map were then briefly con- sidered. Mrs. Romans asked if the Commission wanted to schedule neighborhood meetings with residents of the various areas. Dis- cussion ensued. Mrs. Romans suggested that perhaps the 4700 block from Elati to Huron would be a point of beginning, with the northwest Englewood area a second area to consider in the near future. Mrs. Romans suggested sending a letter to the property owners in these areas inviting them to a meeting to consider whether the zoning in their neighborhood was appropriate. VI. PUBLIC FORUM. No one addressed the Commission under Public Forum. VII. DIRECTOR'S CHOICE. Mrs. Romans stated that she has scheduled a meeting with Mrs. Dalquist on the brochure for 4:00 P. M. on April 30, 1986. Mr . Carson asked that Mr. Magnuson be notified of this date and time. -7- Mrs. Romans stated that Mr. Allen's mother had passed away this past weekend, and Mr. Allen is in Texas attending to funeral arrangements. Mrs. Romans stated that today is Mr. Magnuson's wedding anniver- sary, and he and his wife were to repeat their wedding vows at 7:00 P. M. this evening. The staff has notified Mr. Jess Hull that he must comply with the B-2 Ordinance and request Conditional Use approval. Mrs. Romans stated that Mr. Hull's attorney has notified the staff that Mr. Hull will be "going out of business," and our request is moot. Mrs. Romans discussed the difficulty in telling a businessman who has been an employee of a given business for a number of years, which business has been a permitted use under a previous or- dinance, that because he is taking over the business at this time, the provisions of a new ordinance must apply even though there has been no "physical" change in the operation of the busi- ness. Mr. Beier suggested that this should be discussed with the City Attorney. Mrs. Romans stated that an amendment to the Com- prehensive Zoning Ordinance is being prepared, and will be heard by the Commission on May 6, that will provide if a car sales business began as a permitted principal use in the B-2 Zone Dis- trict under a previous zoning ordinance, and will agree to comply with the 10 front setback, the landscaping provision, provision of off-street customer and employee parking, and provision of a fire lane, they will not have to go through the Conditional Use approval procedure. If the businessman refuses to comply with those particular provisions, they they will be required to apply to the Commission for approval as a Conditional Use. Mrs. Romans stated that the present ordinance does not contain a "revocation clause", which will be included in the proposed amendment. Mrs. Romans announced that today was Ms. King's birthday. Mem- bers of the Commission wished Ms. King a Happy Birthday. Mr. Carson inquired about the sign for public hearings that the staff was going to have prepared and sell to applicants. Mrs. Romans stated that the staff has not pursued this matter because it would require the frontend layout of considerable money to stock the signs. IX. COMMISSIONER'S CHOICE. Mr. Beier asked for clarification on the location of Annexation Area #2 and Annexation Area #3. Mrs. Romans stated that Annex- ation Area #2 is west of South Santa Fe Drive; Annexation Area #3 is east of South Santa Fe Drive. Mrs. Romans stated that in an area where both Sheridan and Englewood could be involved in an- nexation proceedings, an election would probably be scheduled by the Court. -8- , • • • • • • Mr. Jim Scott 3555 south Delaware -addressed the Commission about the prob- lems with the car sales lots. He stated that he has heard a lot of rhetoric and complaints from auto dealers, and a lot of them are at the point of moving out of Englewood. They don't want to join the Chamber of Commerce, and express dis- satisfaction with the ordinances and mem- bers of the City Council. He suggested that when new laws and rules that affect people are brought up, these people should be brought in and have it dis- cussed with them. Mr. Scott stated that the Chamber of Commerce is talking about a "festival" in August, and asked when Englewood Parkway is to be completed. Mrs. Romans stated that Mr. Scott should discuss this with Mr. Hinson, Acting Executive Director of the Urban Renewal Authority. Mr. Maunakea stated that Mr. Hack did make a point on the display of the vehicles, and suggested that perhaps there is a need to review the ordinance for possible modification. Mr. Beier stated that this particular site was not originally developed as a sales lot and should never have been used for a car sales lot. He add- ed that there was a lot of discussion and many people, including auto dealers, in attendance at the hearings on the ordinance. The meeting was declared adjourned at 8:45 P. M • -9-