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HomeMy WebLinkAbout1978-10-17 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION October 17, 1978 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:05 P. M. by Vice-Chairman Draper. Members present: Lathrop, McClintock, Parker, Pierson, Tanguma, Williams, Draper Wanush, Ex-officio Members absent: Smith Also present: Assistant Director D. A. Romans II. APPROVAL OF MINUTES. Vice-Chairman Draper stated that Minutes of October 3, 1978, were to be considered for approval. Lathrop moved: Tanguma seconded: The Minutes of October 3, 1978, be accepted as written. AYES: Parker, Pierson, Tanguma, Draper, Lathrop NAYS: None ABSTAIN: McClintock, Williams ABSENT: Smith The motion carried. III. COMPREHENSIVE ZONING ORDINANCE §22.4-10 b (107) CASE #19-78 Mrs. Romans stated that Mr. Kenneth Mausolf has applied for an interpretation of the Comprehensive Zoning Ordinance as it pertains to the B-1 Business District. Mr. Mausolf is negotiating to purchase property in the 3300 block of South Broadway, re- ferred to as the Ambrose property. Mr. Smith entered the meeting at 7:10 P.M. and took his place with the Commission. Mrs. Romans stated that Mr. Mausolf is a businessman in the central business district, and that he feels there is great potential for redevelopment in the central business district. Mr. Mausolf is negotiating to purchase this property, and wants to be able to use the former Joslins building as a museum and showroom of antique, classic and special interest cars. He would also move his interior decorating business from 3435 South Broadway to this building. -2- Mrs. Romans stated that the B-1 Zone District allows a new car sales lot, and a used car lot is permitted in conjunction with new car sales. Mrs. Romans questioned that the cars Mr. Mausolf would have in this museum and showroom could be called "used" cars in the accepted sense of the word. Mrs. Romans noted that §22.4-10 b (107) of the Comprehensive Zoning Ordinance provides that: "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." The use proposed by Mr . Mausolf would have to be found by the Commission to be similar to other uses permitted in the B-1 Zone District, and the Commission would have to determine that the proposed use would not adversely effect the District en- vironmentally --:fumes, noise, heat, etc. Mrs. Romans stated that the staff is of the opinion that the use of the building for the museum and antique car showroom is similar to other uses permitted in the B-1 Zone District. The museum could be permitted under §22.4-10 b (3): Any use in- tended to provide amusement or entertainment on payment of a fee or admission charge. Whether or not an admission fee would be charged to the proposed museum is not determined at this time. Mrs. Romans pointed out that the B-1 Zone District also permits such uses as new automobile sales or repair, the auto repair shop to be an accessory use to an auto sales use; bicycle stores, boat stores and motorcycle stores. The staff does feel that these uses are similar to the show room for antique cars and classic cars. Mr. Mausolf has stated that there could be some sales as a result of the display of these cars in the showroom and museum. There is no question regarding the relocation of the interior decorating business by Mr. and Mrs. Mausolf; this is a permitted use in the B-1 Zone District. Mrs. Romans stated that the staff recommends approval of the interpretation, and that the use of the building for an antique, classic and special interest automobile museum-showroom be found similar to other permitted uses in the B-1 Zone District, specifically: a. As to the proposed museum: §22.4-10b(3) Any use intended to provide amusement or entertainment on payment of a fee or admission charge; b. As to the display and sales: §22.4-lOb(S) Auto Sales or repair, but no commercial wrecking, dismantling or junk yards . Any auto repair ·- -3- shop shall be an accessory use to an auto sales use, and used car lots are permitted when used in conjunction with and as an integral part of a new car establishment; pro- vided, however, the used car lot shall be subject to the requirements as outlined in the Supplementary Regulations. c. §22.4-10b(l3) Bicycle stores; d. §22.4-10b(l4) Boat stores; e. §22.4-10b(66) Motorcycle stores. The staff recommends that the following conditions should apply to the approved interpretation: 1. There shall be compliance with applicable sections of the Fire Code and Building Code; 2. Vehicular access to the building shall be from the South Acoma Street side, not from South Broadway; 3. Automobiles shall not be displayed, serviced or stored out- side of the buildings; 4. Any repairs or maintenance shall be limited to minor mechanical adjustments and the cleaning and polishing of those antique, classic or special-interest automobiles dis- played in the museum or showroom, and shall not include: a. rebuilding or overhauling of engines or transmissions; b. repair of automobile bodies; c. painting or welding; d. upholstering; e. tire recapping; f. steam cleaning of automobiles or motors; g. automobile dismantling or collision repair. Mr. Parker asked which particular structure Mr. Mausolf is concerned with? Mrs. Romans stated that she understood the vacant building is the one that Mr. Mausolf proposes to use, but that he will be purchasing the entire Ambrose property. Mr. Kenneth Mausolf 3435 South Broadway -stated that at the time he served as co- chairman of the Centennial-Bicentennial Committee, great interest was expressed in a museum for Englewood. He stated that the Committee was able to promote financing for the Senior Recreation Center, but nothing further was done in regard to a museum. He stated that he feels a museum would be a great asset to Englewood. Mr. Mausolf stated that he has worked on putting the financing on the Ambrose property together for almost a year, and is prepared to make an offer to Mr. Ambrose. However, before making the offer, he does need a decision from the Planning Commission that the antique car/classic car showroom at this location would be permitted. -4- Mr. Smith noted that the staff report has indicated this would be an "interim" use. He asked for clarification. Mr. Mausolf stated that the long-range plans call for re-development of the property, but this cannot be done in the near future. He would like to relocate his interior decorating business to this building and have his business and hobby in one location. Referring to one of the suggested conditions, Mr. Smith stated that he also wanted clarification on what "minor mechanics" would include. He noted that an engine can be left running for quite a period of time while doing a tune-up. Mr. Wanush stated that this operation would have to be in compliance with the Building Code and Fire Code; the area where the vehicles are permitted to run would have to have proper ventilation. Mr. Mausolf stated that there would be engines running in the building. He stated that the building has four levels, and would be properly ventilated. There would be no storage of gasoline on the premises, but there would be gasoline in the vehicles that are in the building. Mr. Draper asked if cars other than those owned by Mr. Mausolf would be displayed in the showroom? Mr. Mausolf answered in the affirmative. He stated that there would be from 40 to 90 cars on display, with a value up to $5,000,000. Mr. Mausolf stated that the lower level would be used initially for the automobiles, and expansion would be to the upper level. He stated that an admission fee probably would be charged, in an effort to keep out youngsters and eliminate vandalism. Mr. Mausolf stated that the work on the automobiles would be on the order of waxing, polishing, etc. Mr. Mausolf stated that he would hope that the museum would contain other antiques also, such as antique washing machines, etc., but it will be mainly automobiles in the beginning. Mr. Tanguma asked where the waxes and such products used in the detail work on these vehicles would be stored? Mr. Mausolf stated that they would be stored on the lower level with the vehicles. He pointed out that this level would be finished off and separated from the rest of the building. Mr. Wanush pointed out that any storage of materials such as wax and polishes must be done in compliance with the Fire Code. Mr. Draper inquired about parking facilities for people who might be attending displays. Mr. Mausolf stated that the lot between South Acoma Street and South Bannock Street, West Floyd Avenue and West Girard Avenue, which is owned by the City of Englewood but is leased by Ambrose, would be used to provide parking. He noted that the lease goes with the sale of the buildings. Mr. Mausolf pointed out that at the maximum, only 42% of the lot is used. He stated that he does plan to donate the upper level of the building to be used by the various car clubs in the metro area; he felt this would bring a lot of people into the Englewood area. He pointed out that the majority of the car club meetings are conducted on weekends or in ·the evenings, ther eby eliminating conflicts with use of the parking -5- area by the businesses and shoppers. He stated that car rallys may be held on the lot, but again this would be on weekends, and he could see no problem with parking. Mr. Mausolf pointed out that Cinderella City has conducted a "swap" meeting every year, and that space is becoming an issue with the shopping center; this meeting may be conducted in this area, also, but this would have to be worked out with the managers of the shopping center. Mr. Draper asked if Mr. Mausolf had discussed his proposal with other businessmen in the block? Mr. Mausolf stated that he has talked to Mr. Kaufman, but no other businessmen. Williams moved: Parker seconded: The Planning Commission approves the use of the building at 3315 South Broadway for an antique, classic and special interest automobile museum/showroom, from which the sale of cars may take place, under the provisions of §22.4-10b(l07). The Commission finds the use to be similar to other uses permitted in the B-1 Zone District for the following reasons: a. As to the proposed museum: §22.4-10b(3) Any use intended to provide amusement or entertainment on payment of a fee or admission charge; b. As to the display and sales: §22.4-10b(8) Auto Sales or repair, but no commercial wrecking, dismantling or junk yards. Any auto repair shop shall be an accessory use to an auto sales use, and used car lots are permitted when used in conjunction with and as an integral part of a new car establishment; provided, however, the used car lot shall be subject to the requirements as outlined in the Supplementary Regula- tions; c. §22.4-10b(l3) Bicycle stores; d. §22.4-10b(l4) Boat stores; e. §22.4-10b(66) Motorcycle stores. 2. The use would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare or vibration, nor would it be hazardous to the health and property of the surrounding areas through danger of fire or explosion. The Commission does recommend that the following conditions be placed on the conduct of this business in the B-1 Zone Dis- trict in the 3300 block of South Broadway: -6- 1 0 There shall be compliance with applicable sections of the Fire Code and Building Code; 2 0 Vehicular access to the building shall be from the South Acoma Street side, not from South Broadway; 3 0 Automobiles shall not be displayed, serviced or stored outside of the buildings; 40 Any repairs or maintenance shall be limited to minor mechanical adjustments and the cleaning and polishing of those antique, classic or special-interest automobiles displayed in the museum or showroom, and shall not in- clude: a 0 rebuilding or overhauling of engines or transmissions; b 0 repair of automobile bodies; c. painting or welding; d. reupholstering; e. tire recapping; f o steam cleaning of automobiles or motors; g 0 automobile dismantling or collision repairo AYES: Parker, Pierson, Smith, Tanguma, Williams, Draper, Lathrop, McClintock NAYS: None The motion carriedo Mr. Mausolf expressed his appreciation to the members of the Commission, stating that he felt this would be an asset to the business community and to the City as a whole. IV 0 PUBLIC FORUM There was no one present to address the Commission. V. DIRECTOR'S CHOICE. Mr o Wanush presented Commission members with a list of appointees to the Downtown Development Authority, which appointees were designated by the City Council at their meeting of October 16, 19780 Discussion ensued. Mr. Wanush gave a status report on the R.T.D o Transit Center proposed to be constructed on the parking lot presently under lease to Mro Ambrose o Mr. Wanush pointed out that the lease on this land does go with the sale of the property on South Broadway, and that this may affect Mr. Mausolf's plans for the propertyo Mro Wanush discussed the fact that there have been several meetings with R.ToD. representatives regarding the placement of the Transit Center, and that several options have been discussedo One of these options is along the western side -7- of the property along South Bannock Street. Another option was to locate the transit center along the south end of the block along West Girard Avenue. Mr. Wanush stated that there has been considerable discussion about a pedestrian-way along West · Girard Avenue --something to tie the Cinderella City area with the Broadway area. If the Transit Center were to be lo- cated along Girard Avenue, an impetus would be provided for further improvement along that street. However, there was a question as to whether there would be sufficient space to maneuver the buses properly if this location were selected, and businessmen along South Broadway were anxious to keep as much parking close to Broadway as possible. For these reasons, the north/south orientation along South Bannock Street appears to be the option that has been chosen. This location is much better traffic-wise, because buses will be able to circulate north to south. The buses will pull up to a platform to load and unload, which platform will be entirely roofed-over. There will be enclosed areas of a transparent material which can be used by passengers waiting for a bus and vending machines may be located in these particular areas. There will be doors to enclose these areas during the .winter, which doors will be re- moved in the summer months. There Will be adequate decorative lighting and the area wiil be landscaped. R.T.D. will maintain the Transit Center. The initial proposal will encompass an area of 44,500 square feet in the existing parking lot. Mr. Wanush pointed out that an area 125' x 125' in the southwest corner of the block is not under lease to Mr. Ambrose, which area is included in the 44,500 sq. ft. figure. This results in a net loss of 27,000 sq. ft. of parking space which is covered by the lease. Mr. Wanush stated that there have been preliminary discussions with Mr. Ambrose and Mr. Mausolf, and there will be further discussions with these gentlemen. Mr. Wanush stated that the plans indicate that the transit center will be within the west 100 feet of the block adjacent to South Bannock Street. There is one option to move it closer to the curb line, and another option to close South Acoma Street and use that area for parking. He pointed out that if South Acoma Street is closed, exit area for the former First National Bank building must be assured, and proper loading zones must be provided. Mr. Wanush stated that traffic counts taken in the 3300 block of South Acoma Street indicate that 75% of the cars using that block go into the parking lot, demonstrating that South Acoma Street is not used primarily as a "through street". The matter of access on South Bannock Street was discussed, and Mr. Wanush pointed out that the possibility of designating one lane on South Bannock Street as northbound has been con- sidered. He pointed out that there would be no effect on the Continental National Bank if this were to be done. The Bank is, in fact, considering making the access to their drive-in windows from South Cherokee Street rather than from South Bannock Street. Mr. Williams asked if there would be a legal aspect for damages as a result of R.T.D. taking a part of the property that is under lease? Mr. Wanush stated that the City is in the process -8- of getting an appraisal on this piece of land vs. the value of the remaining piece of land. He stated that most likely there would be some damages, and felt that the City is in the process of negotiating the price. Mr. Draper asked who would control maintenance of the site: would it be maintained to the satisfaction of R.T.D., or to the satisfaction of the City? Mr. Wanush stated that he would say R.T.D., but pointed out that discussions have not gotten down to that detail at this point. Mr. Lathrop asked what provisions are made to protect passengers during bad weather? Mr. Wanush repeated that the entire transit center would be roofed-over. and that there will be doors in the winter-time. He stated that he was not sure about a heating system in the winter-time. Mr. Lathrop stated that he felt that people might wait as long as 20 minutes or more between buses, and they will need shelter and warmth during bad weather. Mr. Wanush stated that R .T.D. will hold public hearings on the transit center in January. Following the hearings, a recommenda- tion will be sent to the Department of Transportation and it will be four to six months before R.T.D. will know whether or not it has been funded. Once the funding is assured, they will hire a staff to do the detailed design work. A brief discussion ensued. Mr. Wanush stated that he has discussed the traffic problem be- tween Floyd and Dartmouth and between Broadway and Santa Fe with the Engineering Services Department and they are attempting to gather all the previous studies done on this area in the past. They would hope to have something for presentation at the next meeting. Mr. Wanush stated that City Council did approve the Planning Commission recommendation on the 1979-1980 State Highway Work Program at their meeting of October 16, 1978. He stated that he had attended a Public Hearing before the County Commissioners on this matter on October 16th. VI. COMMISSION'S CHOICE. Mr. Draper asked if any member of the Commission had anything they wished to discuss. Mrs. Pierson suggested that inasmuch as the full membership is present, that a Chairman be elected. Mr. Tanguma nominated Ed Draper as Chairman of the Commission. Williams moved: Tanguma seconded: The Commission unanimously elect Mr. Draper as Chairman. ... -9- Mr. Smith questioned that this motion is in order, inasmuch as there had been no request for further nominations. Mr. Draper agreed and ruled the motion out of order. Mr. Parker nominated Marten Lathrop as Chairman. Mr. Draper asked if there were further nominations? Parker moved: Tanguma seconded: The nominations be closed. AYES: Smith, Tanguma, Williams, Draper, Lathrop, McClintock, Parker, Pierson NAYS: None The motion carried. Mr. Draper was elected Chairman of the Commission by written ballot. Mr. Draper then called for nominations for Vice-Chairman. Mr. Williams nominated Mr. Tanguma for Vice-Chairman. Mr. Smith nominated Marten Lathrop as Vice-Chairman. Pierson moved: Smith seconded: The nominations be closed. AYES: Tanguma, Williams, Draper, Lathrop, McClintock, Parker, Pierson, Smith NAYS: None The motion carried. Mr. Tanguma was elected Vice-chairman of the Commission by written ballot. Mrs. Pierson noted that at the last meeting, there was considerable discussion but no conclusions reached on the matter of attendance by members. She stated that it appears that most members have missed from three to six meetings, and that two members have missed 50% of the meetings. She stated that the members who attend so irregularly cannot keep abreast of the matters before the Commission. She suggested that the staff be requested to draft a formal procedure for consideration by the Commission regarding attendance by Commission members. Discussion ensued. Mr. Smith asked what definition of attendance requirements Mrs. Pierson was considering; attendance of regularly scheduled meetings, or would it include special meetings? He stated that he felt very careful thought should be given to the definition of attendance "requirements". He stated that a person may not attend a meeting for several reasons, including the fact that the individual may be just too busy to do so, or it could in- dicate a lack of interest on the part of that individual in the program of a particular commission meeting. -10- Mrs 0 Pierson stated that she felt it should include all meetings we have regularly scheduled o Mr. Parker pointed out that Councilmen are actually overloadal with meetings; they serve on the City Council and on several boards and commissions in additiono He agreed that members of the Commission who are not Council representatives should make every effort to be in attendance most of the time. Mr. Williams stated that he felt this matter can be handled in-house ; that each member need only look at themselves and realize there has been a gr ea t deal of absenteeism. Discussion ensued. Mrs. Pierson stated th a t she has been on the Commission nearly four years, and has never seen absenteeism to the degree that has been shown this year on this Commission. Mr. Tanguma stated that he felt it is important that regular meetings be considered differently than special meeting attendance. Mr. Smith stated that the matter of attendance has been discussed at the City Council level. Mr . Smith stated that he felt the matter of attendance should be looked into, and that there should be some way to trace an individual's attendance. He stated that he felt if there was a continuous absence by an individual that perhaps that individual should consider the fact he cannot serve on that particular board or commission, and should get off o Discussion ensued. Mrs. Pierson acknowledged that there should be some provisions made for sickness and other excuseable absenceso She further agreed that there was merit in considering the regular meetings separate and apart from special meetings. Mrso Pierson further suggested that the Commission members be given two weeks notice on all special meetings. Mr. Parker stated that he felt the issue is unimportant; that the City Council members will be in attendance at the Planning Commission meetings when they can, and every one else should make every effort for an improved attendance o Discussion en- sued. Mr . Smith stated that he felt the crux of the issue is the matter of "habitual absences", and what the Commission determines is "habitual absence." No formal decision was made on the matter of attendance requirements. T he meeting adjourned at 8:15 P.M. trude G. We · y cording Se ci~tary