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HomeMy WebLinkAbout1983-06-21 PZC MINUTESi • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION June 21, 1983 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Senti. Members present: Barbre, Becker, Carson, Senti, Stoel, Tanguma, Venard, Allen Members absent: McBrayer Also present: D. A. Romans, Director of Planning Susan King, Senior Planner II. APPROVAL OF MINUTES. June 7, 1983 Chairman Senti stated that the Minutes of June 7, 1983, w.:ere to he considered for approval. Carson moved: Stoel seconded: The Minutes of June 7, 1983, be approved as. written. Mrs. Becker commented that the statement on Page 11 regarding the City At- torney's Office, has been "softened" considerahly, and that she understands the need for the "softening"; she stated that she felt the statement in the minutes is a very succinct way to state what needed to be said. Mr. Senti asked if Mrs. Becker wished to amend the Minutes. Mrs. Becker stated she did not. The vote w.:as called: AYES: Becker, Carson, Stoel, Venard, Allen, Barbre NAYS: None ABSTAIN: Senti, Tanguma ABSENT: McB.rayer The motion carried. III. CONDITIONAL USE 3718 South Broadway Mr. Senti asked for a motion to open the Hearing • Barbre moved: CASE 1113-83 Tanguma seconded: The Public Hearing on Case 1113-83 be opened. AYES: Carson, Senti, Stoel, Tanguma, Venard, Allen, Barbre, Becker NAYS: None ABSENT: McBrayer -2- The motion carried. Mrs. Romans noted that Susan King, Senior Planner, is present to answer questions of the staff. Mr. Senti asked if the Commission had any questions of the staff regarding the staff report. No questions were asked of staff, and Mr. Senti then asked that the applicant be sworn in and present his case. Mr. Rob Gaddy was sworn in, and testified that he is representing the owner of the business, Mr. Larry Blazer. Mr. Gaddy testified that Mr. Blazer owns a Volkswagen repair business in south Denver, which business has outgrown the present location. Mr. Blazer has an option to purchase this property at 3718 South Broadway, and plans to relocate his business to this site. Mr. Gaddy stressed that the repair work done by Mr. Blazer is engine repair; no body work will be done on the premises. Mrs. Becker noted that one of the conditions cited for approval of the request is that a landscaping plan shall be submitted for staff review, and that an Occupancy Permit shall not be issued until the landscaping along the front of the building is in place. Mr. Gaddy stated that the prospective purchasers of the site understand the requirement, but had initially questioned this con- dition inasmuch as the entire site is covered by concrete and asphalt. They have discussed the issue of landscaping with Susan King, and have determined that the required landscaping is something they can live with, and they will comply. Mr. Carson asked how far north this ownership extended; did it encompass the billboard to the north of the building. Mr. Gaddy stated that the billboard is on another piece of property. Mr. Carson asked if this ownership included the "hill" to the south. Mr. Gaddy stated that this would be difficult to determine without reference to the survey; he would guess that part of the hill is included in this ownership. Mr. Carson asked if the applicants had read the recommendation and con- ditions suggested by the staff. Mr. Gaddy stated that the applicants have read the conditions, and feel they can comply with the conditions. Mrs. Becker asked for an explanation on the location of the proposed land- scaping. Mr. Gaddy stated that this is a small "strip" of land in back of the sidewalk; he and the applicants agree that the landscaping of this strip would increase the "curb appeal" of the property. Mrs. Becker asked the staff if the landscaping would meet the standards sug- gested in the proposed Landscaping Ordinance. Ms. King stated that it does not meet the 10% requirement; however, this is not a new development, and the applicant will not be remodeling more than 50% of the building. Also, the Landscaping requirements are not in effect at this time, and the staff has tried to reach a compromise with the applicants. Ms. King stated that she has encouraged the applicants to add the landscaping along the west side of the building in addition to the landscaping that is already on the site. Ms. King stated that she has suggested that the applicants might consider small planter boxes in this area along the west side of the building. > • • • -3- Mrs. Becker stated that planter boxes such as used around the Schamp dealer- ship are very effective in appearance. Mrs. Becker asked for clarification of the "parking strip". Ms. King stated that this is an area back of the sidewalk and in front of the property line, which is only two to three feet in width; it is part of the public right-of- way, and vehicles may not be parked on that area. Mrs. Becker asked if the vehicles that may be parked on the lot over night are to be parked within the building, or parked on the open lot. Mr. Gaddy stated that the building would accommodate perhaps six vehicles at one time; he stated that there is an area directly back of the building along the alley that is not visible from the street where cars could be parked over night. Mr. Gaddy again stressed that the vehicles to be worked on by Mr. Blazer are not "wrecks"; they are in need of engine repair, and no body work would be done on the premises. Mr. Carson asked why the use is bei~g changed on this site, and what happens to the upholstery business that is presently on the site. Mr. Gaddy stated that Mr. Blazer is purchasing the property from Mr. Beck; the present tenant will be given 90 days to relocate after the purchase is completed~ Mr. Venard asked the staff to elaborate on the statement from the Fire Depart- ment that the building will have to be upgraded. Ms. King stated that she is not familiar with the specific Fire Code, but that any time there is a change of occupancy in a structure, some improvements must be made prior to issuance of a Certificate of Occupancy. Mr. Senti asked if anyone else wished to speak in favor of the proposed use. No one else spoke in favor of the application. Mr. Senti then asked if anyone wished to speak in opposition to the proposed use. No one spoke in opposition. Ms. King presented the secretary with the legal notice published in the Englewood Sentinel giving notice of the public hearing, and also presented the Certificate of Posting for this property. Ms. King stated that the ap- plicants have given her a copy of the contract to purchase the site, which she gave to the secretary for inclusion in the file. Tanguma moved: Carson seconded: The Public Hearing on Case #13-83 be closed. AYES: Senti, Stoel, Tanguma, Venard, Allen, Barbre, Becker, Carson NAYS: None ABSENT: McBrayer The motion carried. Becker moved: Barbre s.econded: The Planning Commission approve the application for an auto repair facility at 3718 South Broadway with the following conditions: 1. No body work, dismantling, or collision repair shall be permitted. -4- 2. Motor vehicles being serviced or stored while waiting to be serviced or called for, shall not be parked on the street, in the alley, on the sidewalk, or in the parking strip. 3. All work shall be performed within an enclosed structure, 4. No materials or parts shall be deposited or stored on the premises outside of an enclosed structure. 5. The applicant shall conform with all applicable City codes. 6. A landscaping plan for this area should be submitted for staff review and an Occupancy Permit shall not be issued until landscaping along the front of the building is installed. Mrs. Becker stated that she felt cases such as this point up the very real need for the landscaping ordinance; the staff must have something to back up requests for landscaping. Mrs. Becker noted that this applicant is willing to work with the staff on the landscaping issue, but there is no legal basis to require the landscaping until the ordinance is approved by City Council. Mrs. Becker reiterated that she feels the landscaping ordinance is a very important matter. Mrs. Becker stated that she was also concerned about the possibility of vehicles being parked on the site over night, and noted that sometimes vehicles undergoing motor repair will have the hood removed, and can be unsightly. Mr. Carson stated that he would vote in opposition to the motion. He stated that he had been to the subject site, and feels that "they should clean up the site"; the subject site is too close to the downtown, and too close to the school. Mr. Carson stated that he felt "if the applicant wanted to show good faith they should get up there and put the landscaping in now." Mr. Carson stated that the building already has a tenant that doesn't want to move, but that tenant will be put out to allow this proposed use in. Mr. Carson stated that there was no assurance the landscaping would be put in. Mrs. Becker pointed out to Mr. Carson that Mr. Blazer does not control the subject site at this time; he is in the process of purchasing the land from Mr. Beck, and that it is unreasonable of the Commission to expect someone who has an option on the property to clean it up before they make application to the Connnission for approval of a conditional use. Mr. Carson stated that he felt the proposed business is too close to the high school, and that he felt this area was really more of a small office neigh- borhood. Mr. Carson reiterated his feeling that this site is also too close to the downtown area. Mr. Stoel pointed out that the site is presently being used for automotive related purposes, and that the proposed use would not be that much different. Mr. Allen asked if Mr. Carson was referring to the high school, or to Flood Junior High. Mr. Carson stated that he was referring tp the Middle School. Mrs. Becker stated that she has some concern about automotive-related businesses • • • • -5- that are developing along South Broadway, but feels that it would be presump- tuous of the Commission to assume that this property will be ill-kept and trashy by approving the request for Conditional Use. Mr. Stoel asked if the motion to approve the Conditional Use carries, can the City hold the applicant to the provision regarding landscaping. Mrs. Romans stated that if the provision of landscaping is made a condition of approval, the applicant can be held to it. The vote on the motion to approve the Conditional Use was called: AYES: Senti, Stoel, Tanguma, Venard, Allen, Barbre, Becker NAYS: Carson ABSENT: McBrayer The motion carried. IV. FINDINGS OF FACT 2855 South Broadway CASE #10-83 Chairman Senti asked if the Commission had any questions or comments on the Findings of Fact for Case #10-83. Carson moved: Stoel seconded: The Findings of Fact on Case #10-83 be approved as written. AYES: Stoel, Venard, Allen, Barbre, Becker, Carson NAYS: None ABSTAIN: Tanguma, Senti ABSENT: McBrayer The motion carried. V. FINDINGS OF FACT . 3324 South Clarkson Street CASE /111-83 Chairman Senti asked if the Commission had any questions or comments on the Findings of Fact for Case /111-83. Becker moved: Carson seconded: The Planning Commission approve the Findings of Fact for Case /111-83. AYES: Venard, Allen, Barbre, Becker, Carson, Stoel NAYS: None ABSTAIN: Tanguma, Senti ABSENT: McBrayer The motion carried • VI. PUBLIC FORUM. There was no one present to address the Commission. -6- VII. ATTORNEY'S CHOICE. There was no representative from the City Attorney's office present. VIII. DIRECTOR'S CHOICE. Mrs. Romans noted that relative to 2855 South Broadway, which the Commission considered for a Conditional Use at the meeting of June 7, the applicant has been unable to obtain financing for his proposed business, and will have to try to find another location. Mrs. Romans stated that an application has been received for this same address by a group who want to put in a tire sales business. She noted that the question the staff is posing is whether or not the new applicant will have to go through the procedure of public hearing inasmuch as the site was previously approved for an automotive-related busi- ness as a Conditional Use. Mrs. Romans noted that the location of the building is proposed to be changed from what was approved previously, and the architect representing the applicant has stated that there is "landscaping next door" so that this business shouldn't have to provide any. Mrs. Romans asked the Com- mission if the conditions placed on Mr. Jacobs in his request for a Conditional Use were to be followed by the new applicant, would they feel it would be necessary to go through another public hearing. Mr. Allen asked if this had been discussed with the City Attorney. Mrs. Romans stated that it has not been discussed with the City Attorney. Mr. Stoel asked if the building was the same size. Ms. King stated that the proposed structure is larger, and is proposed to be constructed on the south portion of the lot. Ms. King discussed the issue of landscaping on this site, noting that the architect has not been cooperative to this point in time. Ms. King stated that the landscaping this applicant has indicated they might be willing to install is insufficient in amount, and is not what the Commission approved two weeks ago when the site was previously considered for a Conditional Use. Ms. King stated that the architect has proposed giving a statement that the applicants would provide landscaping if the house and landscaping next door are removed, but the applicant wants permission to construct the building and open his business without having to provide landscaping on his own site. Discussion ensued. Mr. Stoel asked the opinion of the staff. Mrs. Romans stated that considering the response the staff has received from the architect, she would suggest they be required to go through the entire process. She stated that if the applicants had indicated a willingness to live up to the conditions imposed on the pre- vious applicant, she felt it would not be necessary to go through the public hearing procedure. Mrs. Becker noted that if the architect is expressing resistance to the conditions, it may be well to make them come before the Commission. Discussion ensued. Mr. Allen stated that unless the applicant is willing to submit a landscaping plan that meets the approval of the staff, he felt the applicant should have to go through the entire public hearing • procedure. Mrs. Romans suggested that possibly this should be cleared with • the City Attorney. Allen moved: Carson seconded: The Conditional Use of a tire sales business at 2855 South Broadway be approved without Public Hearing, provided the applicant presents an acceptable landscaping plan for the site, and the City Attorney gives approval on this matter. • • -7- AYES: Venard, Allen, Barbre, Becker, Carson, Senti, Stoel, Tanguma NAYS: None ABSENT: McBrayer The motion carried. Mrs. Romans discussed staff efforts to obtain utility easements in northwest Englewood, particularly along Hillside Avenue. Mrs. Romans noted that there are only five properties that have not dedicated street right-of-way along Hillside, and that utility poles are located down the center of the street. Mrs. Romans stated that a meeting had been held on Hillside Avenue earlier in the day with City staff members and representatives of Public Service and Mountain Bell. Mrs. Romans stated that developers in the area are willing to try to obtain the easement grants from the property owners to facilitate the relocation of the utility lines. Discussion ensued. Mr. Carson asked if the new lines would be underground. Mrs. Romans stated that it is hoped they would he placed underground. Mrs. Romans stated that the staff is also working to obtain right-of-way for West Caspian and West Baltic; the staff will begin attempting to get right-of-way on West Adriatic after August of this year. IX. COMMISSIONER'S CHOICE. Mrs. Becker asked if members of the Commission would be interested in a picnic pot-luck, which she would hostess. Discussion ensued. It was the consensus of the CoIIllllission that if it is convenient for Mrs. Becker, a pot-luck picnic would be held at her home on July 24th. Mrs. Becker stated that she would suggest a menu at the next meeting. Mrs. Becker noted that Page 9 of the June 7 minutes reflect that City Attorney DeWitt was to check on the wording of the State Statute regarding notification to tenants when units are converted to condominium; she asked if Mr. DeWitt had reported back to the staff on this matter. Mrs. Romans stated that she was not aware of any report from City Attorney DeWitt on the wording of the State Statute. Mrs. Becker noted that at the last meeting, City Attorney DeWitt had stated that the proposed landscaping regulations needed a considerable amount of work before it could be presented in ordinance form to City Council. She asked if the staff had any information on the progress on these proposed regulations. Mrs. Romans read a memorandum from City Attorney DeWitt to Director of Com- munity Development Powers regarding the proposed landscaping regulations. Mrs. Romans stated that a copy of the proposed regulations, as approved by the Commission, was attached to this memorandum with Mr. DeWitt's corrections. Mrs. Romans pointed out that the staff and Commission worked with former Assis- tant City Attorney Holland in the development of the regulations, and the regulations were redone many times to incorporate changes that were suggested by Mr. Holland. Mr. Holland was present at the Public Hearing before the Com- mission representing the City Attorney's office. City Attorney DeWitt is now suggesting changes in the ordinance prepared by the Commission and staff. Mrs. Romans stated that a meeting has been scheduled with Mr. DeWitt and Susan Powers to discuss this matter. Mrs. Becker expressed concern that the Commission and staff have worked with a representative of the City Attorney's office, and drafted and recom- -8- mended what was felt to be appropriate, and now get feedback from someone else that "it won't fly". Mrs. Becker asked if anyone else on the Commission felt that the Commission was not getting the proper support from the City Attorney's office that is needed. Mr. Tanguma stated that he did not feel the Commission is presently getting the support that was available when Mr. Berardini was City Attorney. Mr. Tanguma asked whether City Attorney DeWitt had not discussed the matter with Mr. Holland, or did not review the work in progress. Mrs. Romans stated that she could not answer Mr. Tanguma's question; she understood that Mr. Holland had been assigned to work with the Planning Commission. Mrs. Becker noted that Mr. Holland has resigned his position with the City and that Assistant City Attorney Menzies has been ill; she asked what other provision has been made. Mrs. Romans stated that Mr. DeWitt has been authorized to sign a contract with a law firm to do some of the City's legal work until such time as the vacancy created by Mr. Holland's resignation is filled. Mrs. Becker stated that if a firm has been engaged to assist in the legal work, there really should not be the backlog that Mr. DeWitt cited at the last meeting. Mrs. Becker stated that it seemed to her that the work of the Commission does have a certain amount of importance and should receive the attention of the legal staff, and reiterated her earlier statement that the cases before the Commission this evening once again had the staff on the line without an ordinance to back them up, in this instance the Landscaping Ordinance. Mr. Stoel noted that he saw the proposed regulations which Mr. DeWitt had reviewed, and that several sections were marked "not recommended", but no notation that the proposal was not legal; he stated that he is a "little displeased" about this matter, and asked what the Planning Commission, as a group, can do to get the landscaping regulations passed. Mr. Tanguma asked if it would do any good to send a formal letter to the City Council expressing the concern of the Commission. Discussion ensued. Mr. Venard wondered what Mr. DeWitt's response would be if the Commission submitted a statement that the landscaping regulations were drafted and approved by the Commission with the assistance of former Assistant City Attorney Holland. Mrs. Becker stated that she did not want to place the staff in an untenable situation with the legal department; however, she felt the Commission's work is important and should receive higher priority and that this entire matter is of enough concern that it should be addressed in some way. Mrs. Becker stated that she felt the work of the Commission has a great deal of effect on what goes on in this City, and the low-priority designation given by the City Attorney to Connnission matters reflects an "attitude" on the part of the City Attorney that she is not confortable with. Discussion ensued. Mr. Senti suggested that City Attorney DeWitt be given an opportunity to report back to the Commission on the suggested changes. Mr. Stoel pointed out that the changes will not come back to the Commission, but will go directly to the City Council. The Connnission approved what they felt was a good ordinance that needed to be put in legal form. Now, the City At- torney is changing those regulations, and the Commission will have nothing to say aoout it. Discussion ensued. Mrs. Becker suggested that if the City At- • torney feels he must review all work from the Commission such as the landscaping • regulations, it should be made clear to the Planning Commission, and should be done prior to the hearing before the Commission rather than after the fact. Mr. Tanguma stated that he agreed with Mrs. Becker, and felt there was reason for concern; he stated that he could not recall having such problems with the r • • -9- City Attorney's office prior to this. He stated that there is a heed for the legal staff to be "up front" and let the Commission work with them. Mr. Carson asked about the B-DD Zone District and map amendment. Mrs. Romans stated that this proposed amendment to the Comprehensive Zoning Ordinance and Map will be before the City Council on July 25 for Public Hearing. It is the request of one of the Councilmen that this proposed district be given an alpha/numerical designation rather than the present B-DD, and for that reason, it will probably be designated as B-3. There was no further business to come before the Commission; the meeting ad- journed at 8:10 P. M. Welty ecording Secretary