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Home My WebLink About1996-12-02 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCll. ENGLIWOOD, ARAPAHOE COUNTY, COLORADO Regular Saoloa Deumber 1, I"' 1. Call to Onler The rqular meetiJlg of the Engle'Mxxl City Council was callal to ontor by Mayor Bums at 7:39 p.m. 2. Inwcatloa The invocation was given by Council Member Wiggins. J . Piede,, or Allqluce The Pledge of Allegiance was led by Mayo r Bums . 4 . Roll Call Present Absent A quurum was pn,scot C'.ouncil Members Hathaway, O app , Wiggins, Habenicht. Vonniuag, Woggoncr. Bums None Also pn,scot: City Manager Clari< City Attorney Brol211laD 5. Mioutes Assistant lo lhc City Manager Grace City Clerk Ellis Planning Community Coordinator Stitt Director Fonda , Utilities (a) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE THE MJNUTES OF THI REGULAR MEETING OF NOVEMBEk 18, I 6. Ay<S : Council Member.; Hathaway. Vormitlllg, Wig,;ins. Habeni cht. Waggoner, Clapp , Burns Nays: None Motion carried. 6. S<beduled Vinton There were no scheduled vi sitors. 7. Noa-scheduled " ·,,iton (a) Cindy Gagnon. J 183 South Race Sl!CCI. stated lhatshc is asking Couocil :o amend the proposal . fro m the last Council meetin g, n:garding lhc day care issue. conccm ing lhc co nditional use on people who have previously been in cxiscencc. She noted I.hat they have been operatin g fo r seve ral ye.lfS . ........ CIIJClaadl ..,_..,:Z,1'H ... 1 tbcy have been opemting i-cfully ia Ille Clllllalllicy and Lhae bu not been My problems witb this. Ms. Gagnon comment<d 1hll Ille is really ki.114 of aio6-I -tllc l'M> ya.rs. wby they have to go through two mun, ycan and then apply for the conditiooal UIC. when they have been operatins •JI along. She opined It io very cuy 10 cbcd< planning and :ronina 10 -if Ihm have been any complaints and if they have been a problem 10 their ncl gbbcK1. She said she Is uking Council to consider that. Ms. Gagnon DOttd that she also wanted to point out wltal this will do to new liccmod can, coming in. She offered tbc s:cnario llult we have a new pen;on thal hu moved in. their rcolto< bas not told !.hem that Ibey have moved UllD an R-1 -A Zone SO they go 10 apply for their licalsc. She said she assumes now Ibey will be told to check zoning, so they arc not in tbc S11DC -tbc rest of them arc ;.., C.,ntinuins witb tbc !IIZDArio. Ms. Gapoa commcotcd that thoy tbca ID 10 lho plannioa :md zoning anrt find oot tlutl they first ofall ha\-. to put a sign in tllCir yard and they have to gt an.1 SCI tlteir neighbors approval. ~'be opined tbal very few pcople, after-gou,s thrau1•.b all tbc regulation,. 'I!•!>:: ~m. an: Soins 10 do that. In cs,encc, she said, she is very concerned that Cou:1Cil will SC\'Cr:iy limit tbc oumbcr of licensoci day care. even with tbc conditional use, that are Soins to l,,c able 10 ""'"" in. She noted that people call her at least ona: a week and she is no< able to talte their children. She point ed out thal there is such a need for day c:ue. Ms. Gagnon ,aid she is asking !hal ratbcr than put limits on people that they an: not going to be oble 10 do, she is asking that we come together and address some of the fears of some of the opposition. For cxampl c, sh: no<td, they an: really cona:mcd about num b=. She point<d out that they arc licensed for six children and she has told people :cpcatedly that they aru not centers. She mtcrat<d that .<he is all01l'Cd only si, c:bildm1 an<! if they see man: than Iba! she ns1c, that they call social services. Silo :::::od it is not safe. citbcr they arc unlicensoci or tbry an, not foUowing tbc guide~...,. they :igrecd 10 with social services. She asml why all tbc groups oo thi1 -too 't come taw,thc<, put m·,t tbc day care regulations. so !he neighbors an: not being botbcml. lnslc3d offigbtin g =h otbcr oo this, she asked why they don 't come together ns a committee and. instcod of bas cally diminatios licensed day care in this area where it is so oocdcd. come togttbcr and really structl , , it so that it is no, offensive to any of tbc neighboB. So agnin. she said. she """Id ask that Council reo,nsider tbc conditional use that was proposed last week . (b) Karcssa Lavery, Mrs. Arapahoe County, 3271 South Acoma SIJ'Cct. st.11.cd that she had ,-.ry little 10 say on the topic. However, she no<cd. she is intcn:stcd in SIDJ'ling a non-profit child care center on 3100 South Acoma. She saidsbc Is notquio:awan: ofwhctbcr;hat is in t.'lc R-I-A Zone District however, if it is not, that Is very, very bdpfill. Ms. Lavery stated that she is very much in support of what she is asking, that the child care pro,idcB all be brought together so Ibey con disaiss this maucr. Because this will really affect the families >nd tbc childrc• in this '1J'C3 that really need child can: and the home can: providers. She said she would hate to make it more difficult for these folks. who already have to go lhrough so many regulations just to operate daily . So. she commcnlcd. ~.c is also aski ng that Council r«.>nsider. (c) Jackie Howa, l, 10725 West Ontario Place. Li tUcton . staled that her daughter is in Englc..-ood day care . She said she "'1!1ted 10 point out that the people or the R-I-A Zone District c.,dusivcly, almost essentially, Hampden Hills. had 39 signatures stating that they ,...,. opposed 10 in borne day care. That was presented at tbc meeting of November ts • and she wanted 10 point out that !hey ha.I s1goa1urcs also turned in that said that day care is not a problem. 11CV'Cr hns been a proble m. ne\'cr wi ll be: a problem. SIie said they had over 400 signarurcs that,...,. IWncd in this morning all in !he R-I-A District Ms. Howard noted lhal 10 her. that 's swing that U,en, are only few people that have a probl em "ith this day care. there are only a few that have any kind of problem with !he qualicy or life that " goi ng 10 be affecting their neighborhoods. She commen ted that day care is essentially from six o'clock in the morning to six o'clock at nigbL St.e said she wanted to ask the few people that are opposed 10 day c:ire what happens if a family of five or six kids move in next door. are they arc going to have two ye.us to get nd or !heir children. She asked if that is a conditional use or if that is just for day care . Ms. Howard said that it seems like the ruling is just going completely against the children of today . She stated she would • • • • ~0&1<:-8 0..-IN:rJ,"'6 ..... 3 ....Uy like 10 have Coancil rccoasiclor. lllstcld ol'being kind of I fence sitter, she said she -,Id really like Council io mw: a sund ror our children. (d) Joan Smallwood. 4737 Sooth Fox SIJ-eel. advised that today she brought down and presented Council with a pclition with over 400 signatwos R>qUCSting that they amend the bill that was iro posing a,nditional use on familv child care homes. She opinod that I.he conditional usc will cncournge the growth orunliccnscd care and will discourage. and perbaiJI in some coses. eliminate lic:icmm care. She said that she belim>1 tbe-i5SUO_stil) at hand is wbelher R-1-A will have licensed or unlicensed care. child can, will be pn,scnt b<cuise c:hiJdrcn, ~ and s:bools do live in I.he R-1-A arcos. Ms. Smallwood Slllled then: will be child care. tbat'lt ls just wbotber or not I.he City decides if they "MUii licensed or unlia:Dsal care. Obviously. she said, two wocks ago I pclition was submiual with roughly 39 signatures opposing child care centers. She pointed 001 that they have never asked City Cooncil 10 approve centers in the residential areas. only family child care homes. Ms. Smallwood said she would have great rescrvutions about somd>ody fflO\ing into her neigllbarboad. or praendy in lier aeigbborbood. a,nveruog their home IO a center that would accommodate 20 plus children . As would the other people in opposition to centers. But basically, she said. she has not heard a whole lot of a,mplaint • all regarding just I.he small family child care homes. In the cvcnl Council should decide nae 10 gnn1 them a full c.xemption. she said she would like IO aslt for a modification of the a,nditional use for somclhing that is of grc:11 a,nc=n 10 many of the providcn. herself included. And that is that they have to put a ~ sign in their front yard that will indicate to the a,mrnunity at large that I.hey are ""man at home. alol1c, with small children. Ms. Smallwood cxpWncd that they an, mandated by the Slate 10 have an open door policy, tbal they an: not allowed to have their doors loclu:d . She said the pan,nts have 10 bavc lull aa:css 10 their home at any time of the day durin g their 'M>iting boars. She stated she does belic\-c thls a,uJd leave them 11 jeopardy for any potential criminal acthity thM I.hey should advenise tbc::o fiaon together. When put together . she maintained. they seem to have quite a danger combined. Perhap,. she susgcslcd. the a,nditioaal use cruld be modified IO eliminate the sign from the front yard for their own bc:slth and safety. She advised that she also prcscnted 10 Council so= information that she had aatuin:d . She ooled she rcceivcd in the mail the Englewood School Nows. tbal everyone probably rcccivcs. which is written and edited by Alex Habenicht of the City Council . Ms. Smallwood opined that the writing. printing. distribution and being paid for such newsletter scoms 10 be a home based business and couJ J possibly put her in di=t conflict "ith this issue rcganling child care. She suggested that if she has , home based business. perhaps she should abstain from 111aking any a,mmcnt or voting on an issue r,:garding child care as a home based business . Ms. Smallwood she just feels there is an innate a,oJ!ict in c.<istenee there. In regard lo the pclition. she said she would like to ,:all 10 the auention of Mr. Wiggins. that many of the 400 signatures a,me right out of his district. She s id she knows that setting aside his own personal opinions. to present a ,"<lie for the majori l)' of his area. is a difficult thing 10 do. But she encouraged bim to It)' to set aside his personal feelings and vote fo r what his a,nstitucnll in the area he rcprescnll want. 8. Commu.aiutioos, Proclamation! and Appointments COflNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET STEVE MULHERN 'S LETTER OF R.!SIGNATION FROM THE ENGUWOOD URBAN RENEWAL AtrrBORITY AND TO WISH HIM W!LL IN HIS POSmON IN ms NEW JOB. Ayes : Council Membcn Hathaway. Vorminag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried . ........ t'llyC-.11 ...,...,,.2,19H .... ll4ayor Bums oolDIDCllll>d thal he is 10 ooollet Mr. Mlllhom, a he ailO scrvcs on lbc Houslng Authority Board 011 which he is a >cry good member, bu1 he Im been abocn1 for • couple of llK>nlhs for lhis same reason. So , ;e l10ICd, l 'ley do not klK>w yet wbdlla' be is goins 10 suy on lhe Housing Authority Board or DOI. 9. Publk Huria& (a) COUNCll. MDIBER HATHAWAY MOVED, AND n ·wAS SECONDED, TO OPEN THE PUBLIC Ill.ARING TO RECEIVE CITIUN INPUT ON Th'I: IIROOKRJDGI: SBOPPlNG CENTER PLANNED UNIT DEVELOPMENT. Ayes: Council Mcmbas Halhaway, Vonninag, Wig&ins, Habenich t. Waggoner, Clapp. Bwns Nays: Nooe Motion carried and lbc public hearing opened. All testimony was given under oalh. Plaa·Jing Co mmuni ty Coordinator Stitt swed !hot Ibis is a public hearing for the Brookridgc Planned Uni1 Dc,clopmcnL He advised that lhis lDll1Cr was oonsideml by the City Planning and Zoning Commissi on oa ()Clobcr 8. 1996. II is a PUD application 10 allow lhc expansion of lhc "'°Wing center into mini or self storage on lhc caSlcm portion of the si~ lie IIDlal thal Ibis is, in lilr.l. !be first Planned Uni1 Dcvdopmcnl 10 go lhrough our pnx:m. that lbc POD process was adopted lhis year in July. Mr. Stitt Sllbmiu.cd proof of publication lhat Notice of Public Hearing was published November 7, 1996 in !be Engie,M>od llcnld. He saatcd thal lhc applic:ull .,ill be providing proof of posting. He c.<plaincd lbal early in lbc process Slall' spcnl • g,m cleat of lime -1ting wilh lhc applicant on exactly how 10 present lhis propo,al 10 lhc City. Orisinally, vhcn Ibey lint lalkcd wilh lhc applicant. the Planned Unit • Dcvdopmcnl regulatiOGS wcrcn 'I in pllcc. And bis proposal, while inuoresting. presented a problem for tbc sllff in lba1 lhc:I , nsn'1 a \'Chicle 10 pl'CSCIII Ibis proposal 10 both lhe Planning Commission and City Couacil . So, he noted, Ibey prevailed upon Mr. Spriggs Ill wait until the Planned Unit Dcvclnpmcnt regulations were in place 10 present Ibis proposal 10 both lhc Planning Commission and City Council. Toe applicant has chosen !hat. at Slafrs suggestion. as a way of providing for a site specific review of a propooal. Mr. Stilt explained lbat 1bci r a,nccm was lba1 iflhis proposal were adop1cd in the B-2 Distri ct in gcncraJ there would be less a,o• QI available. Whereas. lhc Planned Unit Dcvcl opmcn1 regulations provide a great deal of control , no1 only on spcci6c uses. but in tcnns of the design and operatio n of the proposed uses. He advised Iha! basically the applicant is «questing a modification of the c.<isting B-2 rcgulalioos. The Planned Uni t O..'Clopmcnl is composed of 1wo major a,mpoocots, a disuict pl an, which is basically lhc n:gulations lhat govern lhe uses on the site. and a site plan. which governs exactly what uses are positioned where. access . landscaping and those types of co nsiderations. The district plan would oot look signilican~y differen1 from lhc c.xisting 13-2 regulations in tenns of pcnnincd uses . Dcnsi1y and that type of issue, with the c.--:ccptio n it pcrmilS mini -Sloragc as a use in this pa.nicular arc., .. He advised Iha! lhc site in particular is lhc Brookridge Shopping Cen ter. which is bounded by BcllC\'icw. Broadway and Cclllellnial Avenues. He Slated lhal lhc application lhat was originally submitted by Mr. Spriggs. was an app~cation lhat we provided him and ii was a Planocd Dc\'clopmcr.1 application, because al lhe time we had just a,mplcied lhc: PUD ordinance and had not prepared an offic:ial PUD applicau oo. He c.xplaincd Iha! a stalemem on the bottom of Iha! PD application has led lo some a,nccm Iha! «quires Iba! iflhc applicant is no1 lhc: propcny 01\'DC r that a Slalcmcnl from lhe propcny owner be subntillcd in addition 10 the application . That""' uue under the regulations of the PD . but lhe Planned Uni, Dcvclopmcnl n:quin:mcn1s are such lhat lhc applicant needs lo show only a subSlantiaJ inlcrcst in lhc propcny or a statemcn1 from lhc property owner. In Ibis case. he advised. based on our analysis, lhc applic:a.111 has a substantial lease on the property and that constitutes a significant or substantial interest in the property and a sta1cmcnt by the property owner was not necessary . He reiterated that rt proposed use • • • ~CIIJc-11 -.:z,1tM Pqe! was C"JOlideral by Ibo Plannloa Commiaion 011 October II"' and at thal time there wen, -1 commcotJ male by the citizem and RllidcntJ lo adi-,t eras. Mr. Scltl advised tbal Ibo Plannlna Commmion included a si~ number or coadlti0111 "' a pon or tile deYelopment He said he would bridly go through those. He SUICd Iha! 1hc approval by the Plannina Commiasion was conditioned t1p011 -Inch caliper u-ces being placed twenty rcet apart plantod 011 the East Centennial side adjacent to building ownber two . Two additional trees of two inch caliper would .-1 to be plantod on tile Belleview Avenue side to balance oua the existing landscapioa. The interior parting isles on the west side orthe shopping =1er would netd to hA', a IOlll orien tJteS or two trees per each of the ftve parlring Islands. All of the on-site landscaping r,,quiffd would br,e to be irripted. The deYelopcr and tire manhal shall rcsol,-c the emcrgcncy oca:ss issuco in terms or providing tin: pRJtcctlon for the castcm most storage buildings. The use or the storage buildings arc ror tbat spoclllcally, storage only. There shall be a p,ohibition on the rcnW or trucks. trailers and cars from this site. The developer shall uoe the same facade mm:rials. colors and arcllitcctwal c:lwucr for the mini Storage unltJ u is used in tile remainder of the shopping =ter. The roar style shall be complllllle with the roof styles or the shopping c:eotcr, having pilchod roofs residential lo cbaraacr. So, he said. booed on those conditions the Planning Commission m:ommcnds opproval or the Planned Unit DcYclopmcnt for tile Brooltridgc Shopping Center. Council Member Habenicht commented that this is &.c first PUD they ha\"' dcBlt with and they ba\-c ru:cntiy passed the ordinance for a PUD . She asked Mr. Stitt ifhe is saying that if somd>ody has an interest in a ::,<1JpCff)'. like o long term lc:isc. they a., ci n:unn'CDt an agreement with the owner or the propcny tbroo~ gming a P!JD change to do something on that property. Mr. Sti tt snid he was DOC sure he understood w:-.U she tnc:lltl by circwm-cnL He asked if she means in the case where they may be c,,.nuary language in the lease. Ms. Habenicht said that is righL Mr. Stitt said no. that would be a civil matter 2nd we would uy to avoid situations like that. He noced that the applico nt con addres> the specific nature of lhe lease. but that ii is his understanding that it is a SS year lease and the information that he has seen conocming that lease gives the lease holder the right to construct. demolis h on tile site wilbaut the wriu.., consent oftlle land owner. So in this cose. Mr. Stitt stated. they felt comfortable that the lcasc dcmonstrntcd significant or subsuntial intCl"Cst in the property. Cooncil Member Habenicht said tllen this is very common in places that have PUD's that just deal with the person who has the interest in tile property . Mr. Stiu SUICd that based on his experience. which is somcwhn1 limited in the c:isc. he would say yes that is true. Mayor Bums asked • ,w many personal storage areas,. .. have in the City . Mr. Stitt s.'lid that be con think of one official mini -storage situation located on Fedcrn.J A,-cnuc and Decatur . He nolcd that is a p.J?-lic storage facility and that be did not beliC\-c there were any othcn with in the City . Ms. Habenicht ,, -,x1 if then:: wasn't one on Windcnncrc. Mayor Bums noted that one Is in Littleton . Council Member Vormittag asked how much orthis will be seen from Broadway . Mr. Stilt said that he did not beli= you will sec any orit from Broadway , bccwsc it Is IOC3ted on the cast si de of the shoppin g center and tllere is• significant two story building there. Mr. Stilt sai d becousc of the topo gr.,phy on the south side of the shopping ce nter that would obscure direct site of the mini storage facili~·. as "'tll as screening from the Centennial Avenue side . Mr. Vormittag asked how much of it rrom Bcllcvi~. Mr. Stitt said that tlaere are some buildings proposed for the area right otr of Bell eview. but those buildings would be a couple aC bundred rcct south of Belleview so you might sec roofs. bul he was not sure )'Ou would sec much else. Mr. Vo1mittag asked about the Ccn1cnn ial si de . Mr . Stitt advised lhnt on the Centennial side you will sec the back si des or some of the structures. but bcc:lusc or the woy they arc going to be constructed it is going lo look pretty much like a w.ill. Mr. Vonnittag s.'lid. then the hack of 1he building \\Ould be the fence line more or less. Mr. Stitt said that is righL Mr. Vonnit tag srud then 1hot is going to be with trees and everything planted along the side there too . Mr. Stilt stated llut is right based on the Plannin g Commission's condition of increasing. upgrading the landscapin g on the souti, side fo r that specific reason. to provide more screenin g on the Cc nlcnninl Aven ue side . Council Member Wqaonr:r said that in a lot of our busillCIS .,_ or induslrial areas, conuncrcial an,as, it S<eDll lib 11C have tried to incorporale. Ill least agaimt raidontial zoned amas, some buffer zone or buffer Slrip with quite a lot of landoclpiag and fcacing. Ho llbd whit is r<quircd on thi5 panicular siie, against the rcsidcnlial ..... Mr. Still odvucd that. U\ thi., particular case. thctc is a SCI back that is basically cnaud by an ......,.nt aloog the Caslem side nf the propcny . Mr. Waggoner asked what type of an c:ucmcat. oow wide. Mr. Still said it is either eight or ten fcci wide. Mr. Waggoner asked ;fthat is to be heavily landJcapcd. Mr. Still stated 110, that is a utility cu:mcnt for ovcrllcad power lines. t..:lldscapiog that would make it difficult for Public Service to get in thctc and acaa thooc lines. so landscaping would DOI be ~ lo fact. Mr. Still DOied, at the edge of that c:astmcDI will be the backsides of those storage units, wb.ich will provide a bwl'cr. Our CCllcing and bwl'cring rquialions typically have requirements that Slllle I spocific SCI back landscaped or if that is DOI poCSl"ble !O place I muoruy wall. A typical example would be in our indllstrial ai<:15 wbcrc you have a muoruy wall rir,bt on the propcny line to provide for a buff'cr or a laocbcapc strip. In thi5 cue, Mr. Still ootal, we've got the cipt or ten foot separation from the propcny line as a result of the casement o.'ld the rear siclo of the building ~,11 form that buffer. Counci l Mr.mbcr Waggoner commcntcc\ that 'lie rcrncrnbcrs in panicular the case of Cinderclla City . wbcrc we ,.quired quite a landsctpio~ ,trip adjacent to n:5ldcntial area whe rc "~ built Cinderella City . Mr. Still ukcd if that was the current Cindcldla City. Mr. Waggoner said yes. Floyd Avenue was quite a stnp in there, that was r<quircd by the City at the request of thooc citizens. Mr. Sti tt adviS<d that there was some discussion at the public bearing L~.Corc the Planning Commission about landscap ing that.,.. behind thooc bui ldings bclwccn that and the property line. Ile stated thctc was testimony prcscnt.:rl, by a police olliccr from Denver who owns property in that area. and it was his opinion that bndsc:!ping in that area woulctjust pot<n lially create ao ...a for individuals to bide and from a law cnfom:menl standpoint would not be something be would recommend. Mr. Stitt DOied that some oflbc Olhcr owners in c~e areas apparenUy coocurrcd with that. because the applicant has discussed ~".at optio n with the rcsidents and • fencin g in that area was dccrncd to be the nppropruue n:spc,.,.._ Mr Waggoner asked what type of fence goes along that rcsidcotial area. Mr. Still advised that along the boundary line is a combination of privacy fence and chain Uni< fence. He Doted that the applicant is only proposing to fence off ccnain ponions behind those buildings, to pm~t access from either the Centennial Aven ue side or the Bclh:vicw Aven ue side access. so that it does not bca>mc a runway bctwccn the fWO !itrccts. Mayor Burns asked if most ston ge areas arc not completely feoo:d . He said he uses publi c storage himself and be has to use a code to get in throu gh a locked gote. Mr. Still advi sed that n po rUo n of thi s site will be sccurc and thal is th... :;outhcm portion that "i ll have access 01Tof Ccn1 cnn inl A\·cnuc . The re arc some storage units that wi ll have access off of BcllC\i ew that will not be secured. Mr. Still explained Utat the rcason for Utat is because the access to the rear of the shopping center precludes putting up a security fence across there. because that is where some of the loading is for so me of those shops. So there will be oo 24 hou r fence security for those sto rage units. Mr. Still said that. according to rhe applicant. those storage units may be used by perhaps some of the tenants in the shoppin g center as well . Council Member Habenicht asked Mr. Still to address in morc detail what ctre conce rn is of police about having a landscap:d a= adjacent too rcsidential arc:t. Mr. ~ult stated that it is not so much a matter of adjacent to a rcsidential area. but adjacent to a commercial area where you would have a place for anybody intent on commilting crime. a place to hide. lf somebody were to attempt a break in of one of the shops. they would find a rclali\'cly easy place to hide in land.:....:lping bctw'CC n a st o gc unit and a six foot fence and the adjacent residential . CoWlci l Member Vormittag said be wanted to get this straight. tha t it is the residents that li ve right behind there ou Sherman Street. whose backyard faces Utat P"'l"'''Y, it is those people who do not want the bushes and plants and shrubbery in there . Mr . S1in noccd. tJ ..:1r h: .... m ·1 say 1hat .111 ofrh cm agree to • • • .....,._acyc.-. -1,1"6 r.e1 thal but there are a:naiDly IOIDC r<SidenlS. Mr. Vonnlttag llld tbll Iba, -of tbooe who lpcD _,, In fawr of 1101 puWD& tbooc bock th=. W. Slitt Slllai that be lhoupt tbe 0DDICIISUI WU 11111. t.111,d OD the ICSlimony presented by tbe Denver Police Offl=, DOI having landaping ia tberc -.Id be easier to pauol Mr. Vormlttag said It IOWlds libtbe raidcnucan ... ton. Mr. Stltt noted that .-of the ~ have either six fool privacy fenc,s or """'"ty fences acroa tbe roarofthdr propcny. Coun<:il Membc,-Waggoner ask,d ifhc is saying there is a1lOldy a six foot fcng: all the~ along the pn,pcny . Mr. Stitt stated that be did not believe it Is six foot along the entire length of the propctty, but the majority of it is. Mr. Wauoncr asked if it would be appml)riate for us to reqw,e a six Coot fence all the way along the residential propcny. Mr. Stitt asked ifhe was refcmng to n:placing the existing fence:. or ia addition to. Cooncil Member Waggoner asked who the fcncc belongs to. Mr. Stitt said thal it is his undcnlandin g thal III05t of the fencing along there belongs to the residc.nts. Then. Mr. Waggoner said, it wnuld be in oddition to . Mr. Stitt >dvisal 11111. ya, they "° include that. Mayor Burns asked what kind of fencing is aloog Centennial Avenue in the pn,pcocd plan. Mr. Stitt c.-q,wned that it is DOI really fencing, that it is the back side of the storage units, which wiU provide for what wiU . in cffcc~ appear to be a masonry wall . Cooncil Member llahcnicht asked if she is to understand that storage is usually considered to be an indu.<trial use. Mr . Stitt advised that tliat is the traditional undemanding of mini-stomgc. Howc,-cr. bccausc the occd for mini-<torage has ioc:reascd significantl y and the location is a prime factor . there nn: any number of mini-storage developments located in adjacent residential ...as tltroughout the metro nn:a. as well as conuncn:ial areas. and the typic..,t industrial areas. Mr. Stitt pointed out that usually they are loc:,:rd in inrustrial areas because the ground is cheaper and that makes it a little more cconcmically feasi ble for someone to develop mini-<toragc. Council Member Habenicht staled that site is still cona:mcd about tltc concern of Safety Scrviccs. Mr. Stitt asked if she was talking about the fire issue. Ms. Habenicht said that she tbougltt it was a police issue of people hiding. Mr. Stitt noted it was a police officer that OW1l5 propcny adjacent to the center and his oonccm was not CIQling any envi ronment where tbe criminal elem:nt can hide. Council Member Waggoner asked if you wouldn 't have that in any buffer zone bctwccn commercial or business or industrial . Mr. Stitt stated that typic:,Jly buffer a,cas between residential and comntcn:ial areas.,. on the st.rcct side. Tiult there arc some situations where you have a situation like this. where you woulrln't have an alley between a commcttial and a residential area . One n times. lte noted, our zoning ordinance requires a six foot f= to scpar.uc commercial ...as. For instance. he staled, along Broadway you have comntcn:ial across the alley from residential and there is no buffering required. Mr. Stitt added that the buffering that is provided is usually a security fence for the busin=. Mayor Bums asked why mini-<torage demand has increased so m•;clt in the past several years. Mr. Still said it is his undcrstandinJ that il is the increase ia population in the area. it is a very transient soci ety . especially in tltc higlt number of apanment d..--vclopments. panicularly the south metro area, where yo" have people moving in and moving out He poinled out that where you nave people relocating temporarily , lltcn: is a need to nave a place for storage . A lot of sto rage areas arc being developed for storage of recreational vehicles of one type or another. Mr. Still opined tltal it is the nature of our uansicnt society . Council Member Haberucbt asked how tl1cy regulate what is stored . Mr. Sti ll advised that there arc no regulations per sc. other than the regul ations that an owner may impose upon anybody tltat lc:iscs space . He DOied it is just Ii.kc if you rem an apartment typically a landlo rd isn 't going to specify the types of cbemic:,J• you can store in tbe garage or crawl space . He commented that may be a problem. t he is not aware of any long tenu code enfon::cmcnl issues ~ith storage of illegal or hazardous substances in these l)'pc of stor:ige faci:itics . He advised that lh~· arc ge neral ly we ll po liced by the owners, because 1ha1 is how Ibey mike IIIOIIO)I. Ms. lflbcaic:ht ukcd if that ii at of tbe reuons lhey arc usually placed in lndmtrial and commorcial areas. Mr. Stitt said no, that spin be lhouaJU it had more 10 do with the cost of land :aod dcYclopmcat than it -wbal may be ltorod in lllole lllcUJtlea. He advisod tllat thete arc some aora,e flcilltia that arc dcsipod spocitlcally for lndultrial ston1gc, but thcle are l}pically designed for hoUlobold and somo commercial storage. Rcspoadlng lo Council Member Habcnicbt's concern. Council Member Wlgins .Wed tbll there is nodling lo prevent tb,m frDm having illegal stulf in there, lllllt the only one who has control ii theowneroCthe ptopell)', if they watch them when they open it and see that Ibey have illegal Slu1f. then they would rqx,n. Other than UW. he Slated, there ls no control at all , and they arc WICd quite often for lllepl Sloragc of many thlnp. He said they usually move the sttJlf when the ownen aren 't available or arc not watching them. Ms. llabcnlcht asked if this Is the kind of thiog where somebody would Slcal thlnp and u,o SIOragc. Mr. Wiggins said yes. that they SIDre Slolcn goods. He a, 11mODted that ChldVandcnnee can tell you what you find in tllese Sloragc lockers, that it is unlimited. Nt n:otics. stolen items, illepl and hazardous material. anything like that can be put in there. he DOICd. unless somebody ii Wllcbing, that it is strictly up ID the owner. Council Mcmhcr Vormiuag asked if the owners have an agreement with the lessee for 55 years. Mr. Stitt said yes. Mr. Vornalltag questioned whether he can do whatO\'Cf he wants on that land. Mr. Stilt said he was not sure that it was quite that open<ndcd. but that the applicant would be able 10 discuss Iha~ to explain the tcrms of the lease. Mr. Stitt noted that he understands 1lla1 he has n filirly wide range of activities that he can conduct in 1crms of construction. demolition on the propcny "i1hou1 ,iolating the terms of the lease. Mike Spriggs. 1505 Cotton wood Lane, Lillle1on. owner ofBroolcridge Shopping Ccnlcr. presented each council member with an informational booklet. Ht advised the Mayor and Cooncil tha1 he was withdmring the letter bis attorneys,,, on Wednesday. wbicb was requesting n continuance. He Slated he was propan:d lo go ahead. Bcfon. • -u:aling with bis PUD proposal , he said he wan ted to take a few mo ments ID take a look back at the lost three and• halfycan since he purchased the Broolcridgc Shopping • Center. Bccwsc. be noted. bi, ,uO proposal represents jUSI a continuation of the .-cvitaliztltinn of the comer, that he S1artcd when he purchased the center. Mt. Spriggs advised that when he purchased the shopping center it was 40 years old. it was tired, it needed updating. it had Ineffective slgnage. the vacancy was about 40¾ and the lighting was inadequate In the center. He noted it was one huge light pole that was 54 feel tall , with twelve huge old bulbs in ll wbicb at any lime half of them wc,e burned oul and ii served as a home for probabl y 50 pigeons. Mr. Spriggs com mented th.ii he also had a biker bar/sports bar out front called Paddy Boob. wluch really didn 't do anything 10 enhance the reputation of the c:cntcr or its attractiveness to potcnli.: r:.o ppcrs. He noted it was also si tuated forward on the si te and had• qui1c a 101 of unused ground in the b.Jck of the center. It was n'I really an efficient shopping cen1er. But he said. he fell that the shopping center had a IOI of potential and one of the reasons""' that it was surrounded by a real strong. stable ncigbberhood. with high densities and there was a 101 of traffic a, tha1 in1erscction . He Slated Iha! ii is .,.-1y the most heavil y trafficked interscction. that is all in 1hc same grade . in the Cicy of Englewood :md probably one of the higheSI t.rafficlted lnte!SCCl.ioo · ;n actually the Cicy of Demer. Mr. Spriggs showed Council a co py of the origjnnl renderin g of the sh,. 1g cenler and noled that they actually built the shopping center 10 look like that He pointed ou1 a copy of bis plan. of wha1 he originally waoted the shopping to look like. Mr. Sp riggs presented Council with a sequence of the rehab of 1bc shopping center. which they passed "10Ulld. He noled 1ha1 the finnl product is whnl 11as represented on the rendering. He commcnlcd that at the lime he did not know he was going 10 have :i Black-<:yed Pea. that he would be successful in ge1ti ng rid of Paddy Boots . Mr. Spriggs stated Iha! bis first goal in m italizing tltis propcny was thal ii would have a neighborhood and family appeal . !hat he wruued ID avoid unsuitable uses. Most of them. he noled. are allowed in B-2 zoning. i.e . tattoo p.vlo1>, pawnshops. bars and adult XXX bookslore. as long as he Is 500 feet from residential . He said he can do all of Iha! under the e:<isting zoning. He advised Iha! he wan1cd 10 avoid any automotive. any repair. any lube shops and any scivicc stalions as there is enough of1ha1 on Broadway. Mr . Spriggs staled 1hn1 he • • • • wanted 10 Creal< a cohosive ~1 lhlt WII diJl'tn:al. 1h11 bad appeal. He noted 1h11 be bad a loc ol oppon,audes 10 ront lo thole UICI, lbal be had Wtoo porloR. "modeling" agaicics. all the auto-..: uscs and lhu odlular tower call . The cdlular lower lhal is 0111 lbcR in the comer liom his ccolcr, be adviS<d. came 10 him Om and offered him SIS,000 a year 10 ao on this site and be woold only have 10 gh,e them a UUle spoce. He Slaled be did not WBI to do ll 1h11 he did not wanl an ugly sixty fnot tall cellular io-on his site and he passed up an easy 20 years of $18 ,000 a year. Mr. Sprigs commcn1ed Iha! be was shocked to see ii go ICl"OIS the stN:el. bccoilse now ii impo:u his center anyway. So far, he said. be has undenakcn lhe rehab and has provided oew lighting. Because of lhat be was able to f!U the center up, he only bas two vacancies now. He stated 1h11 be has impn:Mld the tenancy and the tenancy will continue to improve. He reploced Paddy Booc.s. he knocked ii down ancl replaced It wi th the Oladt,cyed Pm. Mr. Sprigs pointed OU1 1h11 that WIS another ck:ci5ion be bad lo make, 1h11 he gelS $12 .000 less a year for Black-eyed Pta lhan he could have goacn from l'lddy Booc.s. They wen, paying him $1 2.000 more L'lan he is getting now and i,c had 10 J10 for a year without rent after he 1mocla,d it down . Bul Mr Spriga, noted. he did not take the usy way out, !bal he wanlcd to improve the quality of the comer and the qualicy of the sh<.ppmg cemer. Lost summer !le pol landsaping in arnund the pc;,DCtcr of the center. along Belleview and Broadway , and put In ,cw cwt, and goner, and In three olthe four entrances, new entrances. And again. he commented. he dM that simply to im~ro,-e the loot and feel of the intmection. He commented tbat Council can imagine haw surprised be WIS when a Oower Sll>rc goes in 3CIOSS the stl"CCl ,\ith ftvc parting p1aas. no1 one blade of l'1'SS on the entire pn,,cny, it has a cellular tower next toil their customer's .,..t in bis sl10pping cen ter and (hey have a bigger sign lhan bis whole shopping center. Using his drnwlns oflbc shopping ceotcr, 1r Spriggs identified further imp M"CIT.c nlS he intends 10 make. He si.=l that he will be adding I ZllOlaS M:.,iCll!I Grill and a Papa John 's Pizza He pointed out additional landscaping he in1ends 10 lld!I. ~~• ,~.,..,._ l~" I!, 1h area, at the back the sile, lhere""' 1wo buildings lh3t ""'residential style offices which -,e built about thirty ye,111 ago for dcntisos nnd doctors. And he has the lint floor . of the two stoiy building. which ,s nl grade and was built original ly for offices. He srud what l'C bas found is lhat lhosc offlccs are entirely oblolele and he is having a hard time keeping them lc:ised. As was pointed out, be DOied. in the Comprcbcosivc Plan. what happens is as buildings become obsolete they become 'css dcsmble. you just work your way down the 1cnan1 ladder. Right now. he odvi,cd, he is abou1 40% vacant lherc. despite constant marketing efforts . Re snid he has an alcohol rchabiliution counselor in lherc. and he lhinlcs then, is a guy offici ng in the ccn1cr nnd li\i ng in his van. II is qui •, dillicull. he noted, lo lease space in the first Door below a music studio wl,ero lhey teach dr,uns and tl1ings It is also not an easy trirlt to, lease space under a pet shop . Mr. Spri ggs 1minlllined 11-.at he looked at all of lhe B-2 altemntives and of all the alt cmnti,-es there were none there that he could utilizx: lhat would ,.,,rtt_ given the surrounding en\ironmcnl Rcferri,ig Council to lhe informa1ionnl booklet. in the third section. he said lhal lha1 is what is across Ccnlcnnial from the shopping center He no, cd he has twenty fool high open bay doors. dumpsters rolling around, them is no landscnping and ii is not n:.1 Uy an environment lhal be can lcnsc office space, retail space or lhat type of thing. Re discussed lhe fact lil'll the center sios at grade and lhcn: is an area lhal is fifteen feet lower. On one hand. he advised, that Cl"C31C · a problem bccnusc ii is difficult lo tie any sort of rcllli l use in with lhal On the other hand ii is an opportunity bccnusc ii is a pcrfcet buffi:r 10 Broadwny. The shopp ing center acts as na1ural buffer nnd the gr.we differential provides a good buffer. Mr. Spriggs exp lained lhat he chose 10 come in and 3Sk for • PUD modification for self storage units bec:ausc Ibey""' :.<1rcmcly low imp:,ct. Ibey are quiel . lhcy can be built to rcsideniilll SC3le will\ slop:d roofs and they can be built 10 look lllmost like a house. They lllso arc the 1°"-est lrip generalor of nny commercial use by a wide margin. He advised 1ha1 there is a tri p gcncrntion report in the infonnationaJ booklet in lhe first section . Mr . Spnggs pointed out that lhe rcsidenlS in 1he Cen 1ennial area are very conccmcd obout traffic. they hnve a IOI of lrnffic gencra1cd by car dealerships. Burt Ch:vrulct nnd other uses. Righ i now. he noted. he has 12.000 square feel of office in that specific area nnd lllnl is going to be replaced wilh aboul 32.000 to JJ.000 square feet ofsclfstorase. Ac..u ,ding to the ln.stitu le for Transportation Engineering. fifth edition . he will lower the traffic count on Ccn 1cnn ia l Avenue by ~Cllyc-11 ....... 1,19" .... 1, illUodo;clJII this 111t, by 24 tripl per pal< lmur. He aid Ille pal< boar, die busiesl hour cl the ~-there will oaly be eigl,I trip1 IJCIICRlOd by lhis UIC, OD CealCIIDial . He aid be -,Id i11111JDC that the majority oltms wwkl., rigbl lO Broadway. Tbeodlu thq ii. 1h11 there is DO aff-tllOCI pe,kins-Ho advised thal bu l&Jked 10 au the ncighbon he cculd oontact lDd lbey are very~ about porl<lng In the ncigllborbood, ba:alle of the OY<rilow for tbe woftat II tho various car ..-,cics. He pointed out t:Jat thae is no alf-stffd plmlll associlled with lclf IIOflF. Self """'F, be noccd, ia also typicllly uled as• buffer. Thero is I self storage unit al Holly and Arapalloo in Uttlc:too and it abuu homes and townhomcs . It is builL .be said. 10 look n,sidcntial llDd it blends in very well. In this particular CUC. he notod, he has an area wbctc the people look out at the back of the shoppina CCDttt. He showod pictun:s of this ami. wbicb be di.........i with Council . Mr. Sprigs advised 1h11 bis eooI in dcsipin1 this prajccl was to have it blend in with the overall look and appca,IDCC of tho sbcJi,ping c:euter, use the same materials, so the cntin: shopping "' 11tr was cohesive, that it would look new, it wu laDdsapcd and had a raidcntlal look so that it would blald in with the residential that it -He swal tllll be went out and loob,cl a1 lDWl1boule ..,_ in high end townhouse aras. took pictwa and took them to his architect. He advised his archita:t tut b, wamod thc buildinp to be the bulfcr. he wantod laDdscapc up against the buildings to bulfer the buildiDgs and he did DOI want this to look like the back cl a saongc uniL that be wantod this to loolt 1w: the back cl a townhouse gar.,&c. lib you ,.. along AnjJlboc Road or places in Uttldon. even bctc in Englewood. Referring to hls rcnder.Q& of the sbnppiag CCIIICr. Mr. Sprius pointod ou t the fact that be will use the exact color schem.: as Ibey tia.,: in the shopping CZIIICr. The sloped mots arc going to be Slllnding seam sb<d. metal , the same l1IIICrial and color that )'OU soc OD the front of the shopping ccma. He noted some of the residents. in ::omc nf the other mcetin&S, 111d a conccm about the sheet metal roofs. He so.'d he thought they lonkcd great. thll lbey IClllally coa: a l<'I mo,c money than osphalt shingles. The Planning slall. as far as he is lWll't, wants the shed mew roofs. As • comprom ise. he DOied. what he wotud OUL in order for the cntin: project to look c:obcsiYc from the street. '"" that he wi ll do sb<d. metals ronCs on the outside of the proje::I aloes Ccntmnial aad for the rest of the roofs. which abut residential. be will use residential comp,siuoa. asphalt shincks, lib: the houses in the nrca. TI1is is the same look thal will occur along buildil11 !1''Cl,-c. tell and nine. He pointod out in the <Ir.awing. when: he ioleads to laDdocapc. In one area he noted. be inlalds lO add ti>'CD(Y four tzecs. 136 shrubs and on orca of pass. Which •'Otts out lO one tn:c for C\'CI)' fifteen fl>!I along ooe oCthe areas. Mr. Sprii;gs notod that that was ooc of the things wbich impressed the neighbors. which was more landscoping. He pointed out that his lalldscaping. on the entire site. because of this PUD. Cll<Uds wh3t is rcquin:d for a brand new shopping cenia in Englewood. In other ..-ords. this project. in a mancr ofthn:c ond o half )'Cl<S. ha,i ng vc,y linle landscaping. if ony ot all, because of the =itali2ation. now mcasun:s up to the 1997 rcquiruncnts for shopping centers in Eoglcwood. The other item that he waotcd to address. he said. is he "antod to make the units sccwc ond inviting and safe. He adviscd that one of the mol'cments of the industry. th:U Mt. Stitt alludod to, was ..!12.1 self storage has essentially C\'Olved since it was ftrSt invented in the 1970's. At that time it was put it, in<lustrial areas. they had the guard dogs, chain length fences ond the brub win: on top. As a matter of fact. he said. the n:ason he is hen: torught is because the n: is reall y no provision in the u,ning code in En glewood for mini-<torage or s,IC storage. He pointed out that it simply says warcbou5 ing. that we have a provision for WBrdtousing, in either 1-1 or 1-2. Well . he said. wanehousing is tilt-up twin T, the rail spur. the dock high truck loading. the 24 foot high clc:,r story and lhcrc arc smoke stacks on it :ind everything clS<.. This. ht opined. is different. this is small storage ,~ith the units ranging from little boxes that an, 5 x 5 x 5 to up to JOO feet. Whal he has tri ed to do. he said. is make this ,isually im prcssil'e , clcon and safe. Mr. Spriggs advised thal they "ill have o fuJl.tjmc rcsidont manoger on the site. That onybody that rents will have to pn:scnt a picture I. D. and he commented. that not too mony criminals like to present a piaun: I. D .. He notod they ,.iJ.J also photograph Ute I. D. ond the ptrson that comes in. thal a lot of storage places do that . That w.iy .bey have• picture cf the person ond o p1C1Un: of the pholo I. D. of the person signing the ICBSC. He opined that that n:olly discourages n whole IOI. Mr. Spriggs advised that their lease wiU prohibit the storage ofOammablcs. toxic fluids. thal typc of tlung. And rc:illy, he pointod OUl that tltosc arc the things tha t people store in their house or garage if they on: going to store them on)'W3y. He stated that then: IS no control O\'Cr that whatsoever by the Sto tc • • • • • ......... CllyCOlllldl .,_..,_.:Z,19H Pqell or 1111y mwucipalll)'. He DOied lhll, a Mayor Bums pointed OUI. they will ba\'C I key code. l!acb penon will be pvcn a key code and \hat key code is con.-..1 to a COlllpU1"r system and t:vefY time thal key code is entcrul It is rocordod in the a,mpuier. It will be rocordod when they enier and when they leave. It is ,wo hooked up to their indMdual door, which ha 1111 alum on it and the only ""Y the alann is dkumod is by using the key code. When they dooe the door It reconls opening the door and shutting the door. Mr. Spriggs explained that his llllin tJWl'0I" fur that is so people ftocl safe about having their itcm5 in the storage unit. He Staled that thcre wer,: Dine Items that he had to Mldn:ss. u ~ by the Planning Commission and one was the two inch caliper uecs, 5lJICcd twcnl)' feet apart along one oft!JC """"· What he did. he not..t. was sp,a: tbem fifteen feet apart. He said they nn: pooped. 11 be didn 't want to just make it look like soldiers. He advised that he luld a professional archlta:t who did It. Using the drawings. Mr. Spriggs identified spociJlc ar.,u where lundscaping is r,quircd. In one area. he Slated. they asked him to ndd two hooey locust tJecs, but be had :,.(ready added tbosc. He said that he Ill out there and reali7.Cd that that would tc a good plaa: 10 put l'M> IJeCS, that it wasn't going to block the view, so he already had those lICCS in. Pie 1101ed they aim asked him to put two inch cali per lICCS in each island in an area of the center. He .-,,1 l,t dido'! do that and the reason is that because he has a shoppi ng center. that. bccrusc he has provided ,.,•,ugh pruiting. sits way baclc from the stn:ct. lfr pointed out that his tenants have to compete with every single store. the o.,..., store and the~ stnrcs on Broadway dw si t right up on the street. He ilOled it is strange and it i• one of the ,(•leSlion!. ht. '"'•Y address later on. which i• why• 1500 square fllOI UJC gets a 100 square foot sign and he hl,J 60,000 IG1141< feet and he has all these tenants and he gets a 100 square foot sign. HO\\'C\'Cr, he pointed""'· these ltn ,nts have lo COmpc!e Md he Wllllts them to be suc:a:ssful and he thinb tbc City "'2111> tJ,crn to be succe.:JfuJ . Again referring to the drawings. Mr. Spriggs pointed out arcos where he will be pu t ng tr=. He o<l Council's understanding. that he is uying to bolancc tl1c mcrcruuilc corwdcmioDJ agaitw. the ,a>< considcmtions when he i• putting in the tr=. Because he can 't rob the stores of their viS1'bilil)'. He A ,iscd that he jusl put in an irrigation system and all the land.sc:iping on the W with be irrigat.cd . Mr. ~ 1,rigss staled that be n:soivcd the fire = issuo with the fire marshal. Using the drawings "-""l'lainoo to Council how they changed the plan to allow the fin: lJ'\JCkJ to come in and be able to pull their h:,acs ISO feet and get to My unit . He said be has no probl em lintiting the UJC or the sto~ uni.> lo storage only. He stan:d he doesn 't want work shops or ,&;l1""'1y lllMing a busiDCJS out ofthctt M<l hr.'• "illing to stipul.ie to thal He :iddress<d the issue of the ~<0h1bition of vehicle n:ntal. that th<..: :JwJ be M rental of trucks. trailers or cars from this site. Mr. Sp ,l ~~• ootcd that while be is not intc ed in doing that. and he rcolly docs not have space on the site to do al •l>al be is rclucunt to give up a UJC that every OllC else in B-2 is :,JIO\\'Cd to do :tnd that almost C'l'Crybody 1> " surrounds him docs. There is Enterprise Leasing af"1 B•it leases cars and. he noted. he has actu,.tl· rcr,ted space to people that arc c:,r leasing place< and so he is reluctant to give up that use. So. be stoled. he would like lo ask that be would not luwe lo do that. He adviJcd that he was asked to use the same facade ,,atcrials, colors and architectural charact er for 1hc mini storage units as is used in the remainder of the sb..~ping a:ntcr. He said he is do ing !hat. And or course. he noted. number nine he has already talked nbout that they nill have pitched roof lines. So. he stated. he is csici ng for Conncil 's consideratio n on t\\,i oflhe nine items. Finally, he advised. the'""'"" that he had a lctlc'f' sent fro m tus anomey asking to continue lhiJ on the agenda. was because on Wednesday be found out that the fee owners of the proper!)' had submilled two position loners that ""re agai nst the PUD . He sai d he wan1ed to straighten out some of the questions they had of Mr. Stin as he felt he could cl car some of it up . Number one. he said. he has 55 ycaB remaining on a 100 year gmund lcosc . He nolcd he is not an auomey but that it is pretty straight forward. He noted that the lease allo"~ him 10 erect certai n buildin gs and improvcmcnl!\ or ,i d premise 3.1\C shal l complete the same . including aJI power. sewer. water extensions or co nn ::i :1io:u at its own c.,-pcnsc and use lhc same in connection with the shoppi ng center now and heretofore C.'<ISting on said trac:t o( land. So. he said. he m.iy do that and any building or improvement erected un der the provisions of this lease on said premises may be removed. ahcrcd or tom do"11 without the consent of the lessor. any changes. al1crali ons. addi1ions or placements of buildings or improvements may likC\~isc be made '"ithout the co nscn1 of lhc lessor. He advised that n also s.1ys lhat the lessor herein shall not be liab le under any expressed or imp lied covenant of 1rus lcasc or otherwise for ..,. ,...... of any ldJld or IIIIW'O W.-srowina OUI of I.be COIIIUUClioa al aid buildinp or ......., I 'lo Ibey an: DOI liable, be Did, be is liable for I.be bad aufl tbOI blppens. The ordinance, • Mt. Sun said. fflqUila lbc applic:anl to bave l<plly tufflcien1 imerest. Mt. Sprigs opined thal he lias 1ep11y sufflc:ieDI lDIClat in lbc center. ~ie ..:.ltd lhat be used the PD fonn lhat Mr. Stiu explained, bccaulc lUI is all lbal be had. He sal.d lhat wbca he saw that at I.be borulm be called Mr. Stitt up and aska1 baa be .iio..k' de>. Mr. SpriBJ;s nolOI be bad I.be ordinance and lbc PUD ordinance says thal he bas IO laa.e a lcplly 5Ulficicol inltl ,st and Mr. Stiu advual him to go ahead and USC thal because he didn't have anything el& Mr. Spri&.. ,s emphasized UW be was not tJyiJi& to skin the issue and that he wun'I tJyia& to bide anythiDa from lbc fee owner. He statal lha1 he wrncc lbc fee owner a letter notifying that be -cloillc lhis. Mr. Sprigp advitcd that be scnl it to the for: owners addt<ss as he was rcquirtd Wider the IIIIUIC to do . Ju a l<SUI~ a.or.,, Pulver, an mncialc of Mr. CbrislOpber Forrcs1. showed up at bis ocigt,bo<bood meeting and did not ...Uy identify himself until be asked him and he expressed no c:oaccn,s wbalaoever rcprdiDa any of the ilems in the lcau. Mr. Sprigp Slated lhat at I.be Planning Coaualaioll moctin&, AllOnl<y ChrislOpbcr Fom:s&. rq,rcscnting the Trust. showed ~p and asked that the bcarill& he cldayed becolS lbcy ,-led more time to prc,cnt their pooitioo lc:n= Mr. Sprigp opined lhat that is pr<U)' amazing because lhcy were at lhis meeting. all I.be neighbors go1 lhcir act logcther to soow up aad ii was IWO or t11n,e wor:ks Iller and he asked Iha! they bave a delay. StiU. Mr. Sprigp nolcd. be did not 5laJld up and aakr any reference to any CX>ncems or any opposition to the project. Aller the ~ be S1llcd, he spotc to Mr. Fomsl and told him UW if he bad some prablcms he wan1ed 10 know abwt them m he CX>Uld CX>CTa:t them. Mr. Sprigp 1X>mmen1ed UW his anomey also WIOIC thcm a lctlcr swill& thc same lhing. Ju a maner of fad. he said. he was talking iu one of thc signalorics 10 thc lctlcr. Mr. Oydc Faatt, lbrcc or Cour lime$ durin~ I.be iotcn-.nill& tir.ic. and he Wkcd 10 Mr. Forrest on lhe plloae. and Ibey D<\'Cr mentioned anythin, about sending Council a letler. He maimllincd that he never bad an opportunity to address any af lbcse IX>>'IOCrDS Mr. Sp1iggs said lhat you mighl ask why. if the)• were a,acerncd. why didn 't lhey stand up awl say tir,y wuc CX>o.."Cfflcd. why did they wrirc a letter like lhis. Alld why. he said. wbca he ton: down hddy lloOIS he dido '1 o.."<C! their permission or thc City 's pcrmiaioa to tear it down or build anmberbuilding. He said that he ddn'I need their pcnnission 10 build • lbc new addition. 10 do the landscaping or put in the inigatioc,. Mr. Sprigp Slated that thc problem he bas with thc Barnes bas been going on for a long lime. This is , lcaso that was signed 45 years ago, he said. and MB. Barnes was probably ten )'<31S old lhcn and,.,_, mhcriled thc 1 ..... Mr. Spriggs opined lhat thcy W8DI to n:ncgotiale a 45 year old lease that has llC\'cr been in dcfaull because 11\C)• don'l lhink lhat they get enough moocy. So. he said. as a matter of fact. "''Cl)' time lhat he ISks for lhc slightest lhing they drag their feet. thcY """ ·1 do iL they waol to tic ii 10 iencgotiation of thc IC3SC. He pointed ou1 lhal Lhc lease bas ""'"" been in dcfau!L nor has he been in dcfau!L Mr . Spriggs Slated lha1 lhc Barnes live in Grand Juoaion. they don ·1 li\'C hen:. He said lha1 he asked lhcir Allomcy Chris Forrest. when he lalked 10 tum on Wednesday. wbot 1>-..S lhc problem. He said Mr. ForTcst lu,d him lhat nobody bas reolly shown him lhat lhis application was done aa:ording 10 lhc ordinance. So Mr. Spriggs 101d him he would send ii to him. but lhat he felt Iha! Mr. Forrest" ... just uying ID obstruct him. Mr. Fom:st. he said. lold him Iha! he was righL that they chafe under lhi s lcasc. thcy wan1 ID iencgotia1c ii , all oflhis ,.,,uld go away if yo u just buy Lhc property. Mr. Spriggs poinled oul that be CX>nlrOls thc properly for 55 )"CarS. 1ha1 he will be dead before his lease is up. He Slated he docs not wan1 10 pay ti-cm thc S2 . 9 million lhal lhey won1 10 buy l.bcir lease. Mr. Spriggs said lhat when he IOld him lhal he di d IIOI want to do lhat. he said lhcn just lake ii and roll it in wilh thc lease on thc service station . So. Mr. Spriggs opined. lha1 what thcy have hcie is a bunch afunsubstanliated claims, then: is oo fact to back thcm up. lhat U>c)' :ire actually ridiculous. lhey don 't stmd up to thc faas. And really. he mainlaincd. what is happening bcie is lhal lhe Barnes an: ll)i.ng 10 cxuact monetary compcnsauon from him in order to gel approval and they don 't C\'Cn have the righL So now. he noled. lhcy an: in hen: as an adjacent propcny 01>11C r because he WTOlc lhem lhe lcuer. Mr. Spriggs Slated lhat thc objections ""' r,.iy hypocritical and sclf•scrving. He said he wanted 10 run lhrnugh Uicm one al a time. • • • ......... CIIJC...- Dl<caWl,1'9' hael3 Mayor Bumi asltal that Mr. Sprigs CIIIIIClade before too Ions. as there --. a !1Wllber ol people wllo hav., sip,cd up to speak al., l.l'J be has beoa ll this for about an hour. Mr. Sprigs SIIIOd be~ tbal be would be done pretty quickly. Ho poiarm out that he wouldn 't even be on to this pan of this ifbe didn 't have to debunk these ridiculous and -allegations. Mr. Spriggs opined tna1 number one. ard>i1«111Jal landscapinr, speaks for itJclf. The ceniu looks good and what he is proposing looks good. Ho said be felt it was a nnn •i5"1C. Regarding the environmcrtal issue, Mr. Spriggs advis<d that if they wanlOd to c::ontinc'< this that bc would JC glad to bring sonxuoc in ftom CDOH. the Colorado Dc;:artrncnl oflfighways, which :.. in cbarg,, of undctgrowld stomac tanks and hazardous waste. He advis<d that he 1carncd that ~:lential is locally excmpl from any baz.ardoos subslanc:c regulations. S<-, he mailllliood. the danger is a<'fl>SS the fcooc. He said he !USO talluxl to the former president nf the Self Storage As:sociation who bas developed about 30,000 units. Mr. Sprigp stated that bc could show up here to speak. Mr. Spriggs said that he told him tbat in his cxpcricJ,cc he bas bad ooc problem in IMl!ty years. Thal problem was with four OW1CCS nf memuy spilled oo lhc: driveway in front or one of his units. Mr. Spriggs felt that he can c:ouuol this with the on-si te manager, the driver's license. the photos and key punching. He advised that the only pollution in the arc:, oc:ourrcd ftom the service st1tion thal the Bamrs own. That it polluted his property and all the intenodioos and the silt is being c!eoncd up right now. So. he maintained. then: an: n:ally no facts or basis to back this up . Mr. Sprigp said that the nc.'1 thin& is uaflic. He said that Mr. ForTCSI was pn:scnt w1-the information on traffic came ou~ which came out aCthe uaflic engineer 's haodbool<. He stalOd he can also hrl'C a traffic engineer show up and discuss lliis also. Mr. Spri ggs Slalcd tlw he is going 10 lower the traffic in the lll'Cl. that it is not an issue . Rtgan'.ing criree, he advised. there an: two self storage f.--ci litics in Englewood and ~-" had c:hccked on their crime reports for the last yc:ir. He staled that ,.,. is loc:ued at 2690 West Union and thc:y bad nu c:alJs i11 the t.•lcndar year extending ftom No\'emhcr 1995 10 Nm-ember 1996 . He not«! then: is another public storage unit at 4550 South Fcdcral were then: four calls. One was to assist in unlocking a U-llaul tnJCk where a aistomcr bad acridcorally locked cbild inside. another one was a fender bender on privalc pn,pc:rty and then: was no ae<uic:nl rcpo~ aoothcr one the property managu's noticed a transient roaming aroun1 on the edge of the property , not inside of iL they rcponed him. and finally then: was a burglary. a break in and theft of one of the units. Mr. Spriggs said that ii is in1eresting to nolc, when you read the liu:ralW'C. that then: an: uo bodily crimes thal occur at these. He pointed OIJC that you don! read about aadt storage units. )'OU read about c:raclt houses, )'OC don ·1 hear aboul drive-by shootings al SlOr.lge units and very few guys that an: running mcth l:;bs have L"°1r pic:tun: taken '>:Jon: they open lhc:ir la1'. One last thing, he said. is that ir is inien:sting 10 note. that by Oaobcr 161h of this yea r there were 23.53 1 case files open on cri mes, four wcrr c:iuscd by Lh e two storage units. Fi nal!)', Mr. Spriggs staccd. these are the positives. This cornpl<'.<S tile dC\'elopment of the shopping cen ter in a unified manner and that is what the Cnrnpn:hcosive Piao wants. unified, in1egra1ed deve lopments . He said that ii adds landsclping to L'ic silc, so hc: is now up 10 speed and he did noc think they could find another site on Broadway thal is that big that bas I()"/, landscaping. II n:vitalizc:s a functionally obsnle1e and a run down an:a of his propcny , Which is again. he staled, what tl,c: Broadway Co r idor Plan and the Cornpn:hcosive Plan wanrs 10 see happen. II gencratts no olT-stn:ct parlcing. it bcaulilies and landscapes the Centennial stn:etscapc: with 136 bushes and 24 trees. II keeps out all tile other B-2 uses that really shouldn 'I e,·eo he on Broadway to start "ith and ii gives the neighborhood. the City , plar.ning departmeo~ the Coun :ii the chance 10 control what happens hen:, to make something good happen hen:. Mr. Spriggs asked that Council look at what he has done so far . He staled 1ha1 he has a stake in this. that he is going to be le:ising it for aootl'a 55 years. He pomled out that everyctjng he has done out then: has bce.1 positive and all he want 10 do is continue that He said if they look a1 wha1 he has r'onc now 1hcy can realize 1..hat he can deliver this and 1t wiU be as he S.1 j'S. Mr. Spri5&5 emphasized t.h..t he has ne"\"Cr co mpromised. that h: has nc\'c r pul the dollar in front of doinb ~he ri gh t 1hir.g and having a qual ity projocl. He swat that Broodway .-is people like him. thcy ,-i people 1h11 an: willing to take their dollars ud go 1010 an an:a that Is kind of going down ud pul tbcir dollln on the line and make pn,pcrty viable COOOOlllk:ally. Mr. Spriggs said 1h11 ho wan11 to l1lllte tllis prnpcrty II viable -mically u be can and so be med for COW>ci.l's pport with this. He c:ommcnl<d that be was sony be took 5'l long. COWICil Member Habenlcht DOied that Mr. Spriggs indlcatcd thal be intended 10 have a resident manager, She amd when: the resident manager -,Id reside. Mr. Spriggs, u.ing the drawing IO indicate I.he area. adYilcd tbal they would be located right at the entrance. Ml. Hal>eaicbt uked if that -,Id be an aiiart-t or a house or if he would just haw: somdJody who worb then: In dght bow' sbllls, Mr. Spriggs swrd that gcnctally it will be a min:d ccuplc, they live then: and will haw: an assistant manager IO spell them on their day off and on vacations. He said be war,led to add one ..,,. thing. Pointing to the dmring be indicated an area in which be 11.1s docided IO ,Mid a security pie and be noted it will be able IO use tbc same key pad and C ., same wiring lo hook 10 the ,'Olllpll1Cr and have the same safety . Mr. Spriggs pointed out that be can contrnl the hows. that be can get th< ~,:y pad to 1101 ""rlr. during certain hows, In rcspoosc to Council Member RabcnichL Mr. Spriggs explained I&' the living quanen for the resident manager will be about a 7SO to SOO square foot apartment with a fir<,llacc ar.d a linlc balcony , He opined it will be a very nice cnvironmcnl Conucil Member Habenicht asked how all the amenities. the landscaping. the contrnl of the landscaping and the use of the buildings_ is govorncd over time. City Allomey Brotzman c.<plaiocd that the PUD runs with the land. so they are governing this by granting the PUD . Ms. Habenicht questioned how long. whoc\'Ct has cootrnl of that property , has 10 maintain that landscaping to that level. Mr. Brotzman advised ii is until they come bade and ta1lc ID Council. Mr. Spriggs stated that what Council sres on the plan. with whatcw:r modilic:uioos they suggest tonight is wlw be is obligated to maintain tbcrc. He noted the point is. then: is a lawidry list • mile long under • B-2. that be doesn 't haw: to put in y landscaping to just draw a building permit and do that. He pointed out that di of the lanclsr.,ping he has put in so far has been \'oluntary , This is a chance. he stated. 10 just nail it Maya< Bwns asked Mr, Spriggs ifhe would be willing to provide Council with a copy of•he fonn of the lease that be would have for the tenants. Mr. Spriggs said that he did not ha\'e one with him tonight. but that be could provide them with that lease. Mayor Bums commented that he would like to sec the prohJ"bitions that will be in thcrc. Mr. Spriggs commenl<d that any prohibitions they might have, tlutt he would probably bave the s:une ones. Council Member Vormittag asked what kind of income this "ill bring into the City . He wondered if we wen: looking at morc property ta.<es or a! SOlllC sort of sales :_,, when they ,.,,L as you have to pay sales tax on a tool whco you rcnt it. Mr. Spriggs advised that be thougb t ,1 """Id primaril y be property ta.,. He said be would like to add that tbcrc arc no sales generated from tl at •n:a down thcrc now , so they ore not taking aw:1y any n:\'Cnuc< and to the e:<1en1 they will be spending in the neighborhood of million dollars on that that there will be an incrcasc in property ta.,. Also. he noted. he will have to buy sewer and water taps. building fees, that type of thing , Mr. Vonniuag questioned whether it will incrc3SC the value of the prnpctty. Mayor Bums noted he couldn 't answer that. Mr. Vonnittag noted that compared to a parlcing lot ,-crsus what be has there. that he has income co min g into him. so he would lul\'c to assume he would ha\"c more propcny la."<CS . Council Member Habenicht asked Mr. Spriggs 10 clarify the two conditions he was asking not to have to mcct Mr. Spriggs confirm:d that one was not having the two inch caliper trees at the ends of the parlcing isle. He said the other one was that he was going 10 be prohibited from doing any vehicle rental . He noted be docs not have any plans to do that. Tiiat as• matter of fact. Henz had wanted to rent one of hi s • • • • IIIR fronll and they were going lo keep can in the bock. and he IUIDed 1h11 doal dow,: Bui. Mr. Sprigg, a,d. he tlloughl that over '5 y<:1B. neither he llC" the fbc owner, would he iDlcresud in giving up a car reolll or that l)'JIO of thing. Auorocy Christopher Forrest. from the law firm a{ Hamilton and Fox. appeared rep"""811ng the Madden Trust and various members of the &mes family, who own thc tmderlying propeny and the adjaccnl Amoco site. He said he will be brief, in 1h11 he does nol have the time 10 cow11cr all of the incredlblc allegationa that Mr. Sprigp made. He said he would like 10 make a m:ord or the fact lhat hcf()re d1l• bear!o& collUIICllald, he was approochcd by Mr. Sprigp' IIIOmey who Wormed him lhat ifbe go< up and did somc:Uling 10 hlow up their PUD that his clients would immedialdy he sued by them. Mr. fon<SI said he believes the position stalemeDtS, they have subminc:I. speak for lhemse!vcs. As far u allegations tha1 he acted In some UDderhandtd manner by submiUing !hose positioo ..-u, Mr. Fonost said tha1 was rather ironic in that be was dirncdy informed by the Planning Cummisliaa that it was the only opportunil)' thal the Barnes woul d gel IO address Cil)' Council. As far as the ordi.oance that pwportedly alkn\1 Mr. Spriggs 10 do this, he said be hnkly beliC\'CS ii sets• dangerous prcadent in lhat ii is vague. Who lcnows wha1 consti1111os a sullicicDI ownership ln1eresa? Mr. Forrest nsscr!cd tbal this is a use llw. by Mr. Spnggs ' own admission. did no1 even cxisl in 1963 when the lcnsc was c,eaucd. He said the lease is at best vague. h bas vague refcreoccs to shoppu,g center pwposes. shoppu,g center busincssc:s. 1101 industrial uses or storage uses. He asserted lha1 lhcy do 1101 believe the picll1rc Mr. Spriggs paints. that ti,ey have an absolucc righ! under the leaoe for this sort of use, is 1rue. M:. Forrest c.<pmscd concerns "'.., due process where changes are being alJow<d lhat are binding upon the owner oflhc propeny . The only notification received wa, the standard form leuer that wa, scnl 10 all Ille neighbors. he ,aid. The process was begun in January and the first the owners lw,ard or i1 was in September. He opined that Mr. Spriggs had not cft'cctivcly answered the question of bow you control what is stored In these unilS. Pholognphs. he said. are not n sufficicnl procection . If there is toxic wasic stored in those units. the I'::.. nos have p:-ICnlial liabilicy under cnviroamcnw laws fo r any cleanup. They have nol been properly involved in this process. he stalcJ. and lbc)· disagree strongly wilh 1he purpose. Mayor B11ms advised lhc audience lhal spcakCIS should limil their pnoscnlatioos 10 1wo or three minu1os. Gretchen Walkins. 5395 Soulh Granl SUta. said she has been a n:sidcnt ofBrookridgc for lhlny-onc years. She said she is a real cstale broker and has been selling howes for nineteen years in the surrounding area. She rcla1cd lha1 she bas seen Englewood proponies go down and come up . jllsl like lhe shopping cen1er. Now she is seeing Englewood staning 10 lake on a new race and she e>presscd brr hope thal lhe devclopmcnl is cv -cd and 1h11 land is nol just given away for projects that don 'I en!>anc, lhe Cicy. She staled we live ·, ",. bad decisions of past Councils. She showed piCIUreS or the project 11 Dry Crock and Minernl A,,..uc. saying chat ii is one or1he llC\\er storage facilities and lhat ii cook a lot or planning and had large selbadts. She said ii has a brick facade and is ,,:ry anractive from lbe str<et. She showed other pictures where no fencing c:<ists. where a lol of ilc~ ha\-e been dumped and st.1tcd tlun 1s lhe kind or thing she is against in Brooluidgc. The [acilicy in the first pictures. she said. do 001 distmct from lhc area. Council Member Vormiuag aslccd if it is lhe neighbors who . ,r.pcd lhings lhcrc . Ms. Walkins responded that she docs noc know . Ms. Waiki -..< said the nc.'<I project lh..,y have been hearing oboul is al Holly and Arapahoe. The homeowners !hen:, she said. had 1crrific impact on wha1 lhcy were go;ng 10 look al and there ,.,,. a lot or meetings. She also sbo\\-cd a facilil)' at 1401 West RadclifT Avenue. wbcrc the entrance is a1 lhe en<!·,' the cul-dc•sac. She pointed out a sign olTcring a reward and said if there i.s no crime, why is~• reward offered. She said it is a mess and lhcrc 1s concern over the impact on their properties. Ms. Walkins. using an C>amplc or a well cared for brown house in one of 1he pictures. said lhat she "''"Id ~Cllyc..dl ........ 2,1"' .... 1, advi1e ltor clicall 11111 10 boiy the bowie beca-of the lllmlWldinp. She gm: Olhcr examples, sayin1 that Council -W p,mbly not wall! 10 live in that ncisJ,bomood. either. Mayor Burns advised MJ. Watlrins that she hod spoken lonser than h<r Umil She said she would hurry . Continuillg. Ma Wilkins showed piclurcs of Centennial Avenue and the area wbcrc Bun unloads their trucks and wllon the propmal cnuanc:e to the storage lockers will be. She said there is a>nstant traffic. and tbc polia, arc alwaya there. She said tbcrc is no room as it is and asked wbal )'Oil would do willt two moviOB vans comin1 in. She rcitcral<d her a>ncem about IRffic comin1 in, because of Broadway ano Belleview. She said thc area is posl<d and ii will take a>1151anl CODIJOllin& by the police. She asked that Ma Supa:r's Idler be admitted u putoltbc minutes. MJ. WIikins added that thcy do have a petition that thcy bm: SIIIUd. She addcd her a,ncem that Council Member Vormittag came into lhe Planning and 7,ining Commission meeting and sat da l with Mr. Sprigs through 'be llUling. She asked that his dl:dsioo mating be taken off this matter. as ,,., feels tbcrc is a a,nllict of interest. I.any McCain. 51 89 Sooth Sherman Stroet. said he has been a real eslale broker for about twenty yc:m. He said he sells a IOI of rc:il estate and feels that is important because. if this projc'..I is such an cruwamai1 to the neighborhood, he ~ like 10 otrer for U,cm to buy bis proporty and benefit from U,e fair maJta value increase by putting this 8ICII looking facility back against our pn-pcnies on Shcrmon . He stated tbat Mr. Spriggs doesn 't live in the neighborhood and he doesn 't own property there. except the mall or tbc rights to iL He opined that because it is a strong, stable neighborhood that they sec no dcmond for any kind of a gr;::,tcr volume of mini-storage in the area. Mr. McCain mainlaio"1 that the apartment buildings thal ha,-.: been built around Arapahoe County, that would C\'Cn he cloSle ro this place. would not be a place wbcrc people -.Id tr:a,-cl to use the mini-warcbouscs. He said he uas I mini -storage for some of his things. but it is in an industrial area otrCoonty Linc Road wbcrc Olhcrbusi= are. Mr. McCain also qucslioncd oow many oflbcsc Mr. Spriggs has done and what will prevent him from scllinJ the • structure to SIOCMOllC.,;,. who docsn 't have the san,c integrity that he proposes that he will have os an owner. Re rcitcratal that he has been doing rc:il estate for a long time and asserted that most of it gets fixed np and sold. He docs not feel that he will stay there and oommit with that program. He osked how • truck will be scan:hcd without• police warrant and opined that he has no right to investigate their lugg,gc. cars or trailers. He also asked that the leuer from Ms. Sangster be made a p;,n of the mi uu cs and asked if Council has rully read iL M>yor Bums oommcntcd that the letter was delivered 10 his residence yeste rday afternoon . Counci l Member Wiggins stated that they have rC3d it. Mr. McCain a,ntinucd Iha~ it SCCIJ\S to hint we have an entrepreneur who. like mony dc\'Clopcrs of comer plazas and shopping arc:is, starts out with one idea that makes it look good and then uries lo fiU up all U.. \'3Cl111 spaces with other things and ends up blocking some of the origina l beauty of the whole project Re said it is Mr. Spriggs asainst U.. Trust and •gair.st the neighborhood. When common sense makes good sense . he oskcd. why don 't you back off/ Just make• good shopping center and forget the warehouses. M,yo, Burns told Mr. McCain his time WJS ,bout up . Mr . McCain responded that he doesn't fee l it is dgh t that rbey gi,-.: Mr. Spnggs • balfhour to talk and try to thrOIUe the public to five minutes . Mayor B ,ms asked if he lives in the neighborhood, lo which Mr. McCain responded that be docs not have to live in i, to own iL Mayo r Bums said he uodcrstands. be just asked ifhc lives in it. ¼. McC.lin said that shc'1ld make no distinction about his integrity and that his credi bility docs no, t.cpend on whether he is a hon,c occup:wt there . He emphasiud that be doc, not feel that the setbacks they arc proposing, using the back dtbc buildings for butrm, arc sufficient. If this thing is pcrmitlt-d by the City. Mr. Spriggs should be oblig.ud to put in a complete perimeter fence on the lot lines, U\2: equalize and stabilize a good • • • • ~cttyr;..ii DlaaNl':Z.1"6 ... 17 appeuance like you sec all around the Cily wbcn diete ue ~r lmpocb. He feels there &bould be at lc:lst a 1m1 Ibo( bull'cr and 1101 ftvc (CCI benooon the boaildlnp, btcaule the shape of the buildlnp a!l'ect th• lawns and !MOS on the property behind them. It shoald alao be landlcaped and iffigau,d and have some kind of lighting. He said he agroes that trafflc would not be a big Impact Nancy An:huletu. 5261 South PennsylVllnill si-. lives about th,.. and a halfbloclu behind the property that Is being disc..ssed tonighl She said she is agaillSI • mini-storage at this location because it is unncc:essary and w1wan1cd. The Brookridge subdivision has no through streets, all of them dead end into each other, she said. She added that there is an clcmemary school there and this is a very stable ma. Ms. An:hulcta ..tviscd thal when she moved ioto the ncighhorbood in 1989, every one of her neighbors was the original homeowner. She roitetaled tbt she does 1101 "" the need for the facility because the closest apanmcnt com pl ex, Greenwood Poinl has SIOl'lg'C garages for their tenants to rent. Apanmcnl5 on the otb, side of Broadway t.:Jvc Belleview and Windcr;ncrc that they can go to. She opined that it won 't fit in with the cumnt businesses in Brookridge Shopping Center. She allowed that the shopping center looks gorgcous and said Mr. Spriggs is doing ,.onderful things rlith the ma but the ctment businesses meet the needs of tho community. She said she worries about the sophisticated criminal clement movin g in from Califomio . She worries about tho9c people finding out wl,cn: she lives. about her children who play in the str=l5 because there is no through traffic and about the people comi ng in to the elementary school area She feels the crime ir her ncigbbomood ,viii go up and sl"' docsn 't want her liunily-<1rientcd ocighborbood 10 change. She said she '""°Id like to sec Council \'ote agoinst this. J. Temple, 5205 Snuth Grant Street. said he has three concerns about this . The corri dor that we arc talking aboul he said. between the property on the cost side of Brookridgc and the casement bctw,:en the backs of the building and tbcsc fences . We arc hearing that they don 't want to put in nny landscapin g because of the crime possibility. he said. He thinks the fad that they arc maldng a ,,sually ob<1ructcd corridor is what is going to cause the c:rimc. It will collect trash and who knows what bc<:nuse you con ·1 soc any of it His other cona:rn was •bat the resident manager 's property is located on th e lower level of that property . which is about ten feet down from that corridor . He said he doesn't sec how you monitor so that is ten feet above you. He feels that is a hig flaw in thi s development. Thirdly, he said the ttaffic ac:a:ss off Centennial is of concern. Centennial is the only access fro m Bmolcrldgc to Broadway . He expressed co ncern over what they do with SDOW removal bcc:>use snow docs not turn and there is no detention pond on this property to push the snow ioto. You could concei va bl y have three or four tmcks lined up waiting to pi ck up snow on this \'CfY narrow street "',rt. he asserted. that infri nges on his access 10 bis property . Sam Masoudi . 5232 South Grant Street. said tallt of this pn.,,:ct has c'Vidcntly been going on for qwte a while and he n,vcr was informed that he could participat< 'Je sai d he owns his property and he has a right to know what is going on in his neighborhood. Janice Novak, 5256 South Grant Strce1, said she is hc,c • • .=. like c,•eryone else. she opposes th is dc\'Clopmenl She feels the people from the neighborhood ~•,\o have spoken before her have pre tty much covered everything. Traffi c is her concern. she sai,i Anyl'lne who hos ever tried to le;i,-. · ';c ocighborhood on Centennial to get to Broadway koow. e.t,cy have abou t IW0 seconds when tnnt light changes. She feels people leaving the storage facility arc going 10 decide this is not an alternative and they arc going to turn into the neighborhood to get out onto Bellevi ew, probably up on Loyµi . Ms. Novuk presented a letter from a Gn:enmx>d Village residen t who li ves on Uar1tso n. She read tlrnd: ·11 h35 come 10 our attention regarding a propoocd 1novcmen1 to construct "Stora ge Units" at the Brookridge Shopping Center. We rcspcctfully rcqUCSI your~ consideration to this proposal . Although we do not reside in Englewood. we ha,c experienced-living on Snuth Clarlcson-the encroachment of heavy traffic . Staunch support oflong time rcsidcnccs and empathy on the part of Littleton and G,..nwood Village suCCCs,$ was ach ieved by mc..1 ns of effective development desi gn. The impact of such :i decision to ~C-,c::-11 'DeceaNl'l,UM ...... IOClle ...... uaill ill die BrookridF Shoppiq.,.. we r.cJ ~ UDduc lnlllc IUlia cm tbc aelpbofllood rqanliaa.........e uamc (~ vu vdlida. lqoor ..U) cx.ceaivc cuapon, pollutioa ud lllaotc)ldaa diuqvd {or rClidl:DII within tbc locolioa. We bavc expcricncal !Int bud tbc u=endoua dilllc,,lry IIIAIIO\Mlnlll vcbiclel alool Ccniennial A....,. bolh to and f'IOm SoUlh Bmodway . We again requ<ll your reconsidomion oonccming 1h11 proposed pn,jocL Think apiD. reganling tbc aciaJ,l>omood. -,11ha, exa:aivc lddilioaal ltalllc and DOI tbc n inl=st of a spocilic dcvdopcr or IXlfflplll)' loYOlved. Rcspocdillly lllbmlttcd, Pbyllis Semln.va." TbOIO WU no oac die preKRt"' speak"' the issue. Mr. SpriSP awd ifbc a,uJd llkc just IIIRle mlnUICS to rebut. Mayor Bums rapooded Lbl& be could DOI . He said be had u i-t and Council bas bean! e>'Cl)'lh.iog they pouil,ly could. Ma)'OI' Bumi e,q,laiDod 10 Ibo audience Iha~ as a mailer of policy, Counci1 does DOI vote on a public hearing mauu on tbc same nigh! as the public bearing. COUNCO. MDUIU WAGGONER MOVl:D. AND IT WAS SECOND ED, TO CLOSE THI PIIJllJC BLUUNG ON IBE BROOKRIDG£ SHOPPING CENTER PLANNED UNIT DEVELOPMENT. Ayes: Cooncil Membcn Hall.away, Vonwnag, Wi111os. Habcnich~ Waggoner. Clapp, Burns Nays: None Motion carried and die public bearing closed. [Clcrit's noce: After the hearing clmcd, Allomcy Reid Lichtcnf:ls, OD behalf of Mr. Spriags. pr=n1ed the Cil,)' Clcrit with proo(olposting. G=1M:n Walkins subntittcd the piclurcs she used in her pn:scnWion as pan of lbc nx:on1. I (b) COUll'Cil. MEMBER WIG.;INS MOVl:D, AND IT WAS SECONDED, TO OPEN THE PIIJllJC HJ.AlllNG TO RECEIVE cmZEN ll'IP ON THE ENGLEWOOD MERIDIAN PLANNED UNIT DEVl:LOPMENT. Ayes: Cooncil Mcm!>en Hathaway, Vorminag, Wiggins, Hnbcnich~ Waggoner, Clapp . Bums Nays: None Motion carried and lbc public hearing opcncc. All 1cswnony was grvcn under oa1h . Harold Stitt. Planning Communiiy Coordinalor for the Cily of Englewood. staled lhal tltis is a public heari ng on a Planned Unit Development for the Englewood Meridian . He p=nted proof of pubUcation that Notice of Public Hearing was published NO\'C mbcr 7, 1996 in the Englewood Herald. as well as proof of posting. He said this i5 a unique PUD n:q\lCSI that comes as a result of a change in our zoning ordinance. l',c poinicd out that a PUD is • n:wning. so ii i5 held 10 the same standards as a rezoning, it is essentially L'lc same process with only a few changes. ThlS PUD i5 being n:qucsted as a ""'11 of a change in the R-3 Di>trict regul:tions. At the time lbc EngJC\lood Meridian was de>cloped, be advised. the R-3 regwntions provided for a dcnsily bonus. Typically, there is a minimum or maximum dcnsiiy for zone districts. Lu the case of the R-3 . be said. there was a four unit per acre limit and lhc dcnsily bonus was in cll'cct that would allow the density u, 10 a maximum of SCYCOl)' urulS per acre if the property involved was at,_ forty-two thousand square fret. Mr. SliU stated tha1 !his properly is in cxa:ss offorty-iWO thousand squan, fed and laolt advantage of that dcnsiiy bonus. After the property was oonsuuacd, the dcnsily bonus provisioo ~rom L'ic zoning ordinance ~ ... climinalcd. The rcsull of tha1 was no1 discovered • • • • • ......,.....C1tyc .. ac11 Dc.....-1,1"6 l'alt19 lllllil the applicant allttnpUd to rc:liDancc I.be pn,pcny and ii wu dllCoveRcl that then, were more units on tbis pr0IICII)' than the cumut mmQ& wwld allow, thus is WIS non-<:Ollforming. Mr. Stilt sald there would nnliDarily t : seven,! options open to the owner ol 1.be property, in that cas. Ooe would he to rezone to a mac distric, that would allow that density. Uafortunatdy. he said. I.bore arc no zone districts in Englewood that allow a density greater than forty units per acre. A variance WIS ..,ggesu,c1. however. there is a provi sion in the Municipal Code that p,oluoits granting of variances that incrca&c density . Tbcrcfore. he said. the only option available to I.be applicant was to apply for a Planned Unit Devdopm<DL cascntially to raone this partiailar pica, of property to a PUD dcsipation that would allow an increase in density. What I.be applicanl is requesting. he advl,al, is I.be R-3 Zone District requirements he imposed in this PUD with one adllccl change. Spocillcally. to incn:ase I.be cleo$ity to fifty units per acre to acr.ommodato this dcvclopmoaL The dcYdopmcnt • it exists today will DOI change, he said. and !hen: an: no proposals for incrcual development This is simply a way of addressing a non-conforming issue that resulted in a change in our zoning ordinana,. Mayor Bums ask<d iflhc change would allow mon: potenlial density. Mr. Stitt said it would noL the applicants have placod in lbcir proposal a cap at fifty units per acn:. which is the density cumntly c.'<istin g ou th<: si te. They would no1 be pcrmilled Wider this PUD to add mon, units. Ccwlcil Member Habenicht said she docs DOI undcr>tand bow this bappcncd. Mr. Stin responded thn1 1he mning ordinance !hat was in clfoct when I.be development was constructal allowed for an incn,asc in density above lhc forty units per acre. After it WIS collSIJUCled. he said. that provision of the zonin t ordinance was eliminated. thus. under the cw.all zoning regulations. lhc dc\-clopmcnt is non-conforming. Mayor Burm aslcc:d why it is DOI a legal non-a,nfonning usc. Mr. Stitt n,sponded that it is classified as a lepl DDO-a>nforming USC. He said lhc appliClltt could prooably explain why thnt is not • desirable condition. but he fell it bas to do with the ability 10 gain financing. Our non-conforming usc provision says that if the use is destroyed beyond sixty pen;cnt of its value, ii may not be reconstructed al that density. but ralhcr. in ainfonnancc with I.be c.<isting mning n:gulations. The applicant would have the liabi.lity of los ing a ccnain nwnbcr ol units if the dcvclopmcnl wen: destroyed. Responding 10 Council Member HabcnichL Mr. Stilt said 1he purpose or changing the zoning at the time that it was changed. as he undcrsaands ii. was that there were very few, if any. developments that took am-aniai;e orn,e densi ty bonus. Since it wasn 't used 10 any gn:al c.,1en1 al the time. lhc Planning Commission and Council determined that higher densities wen: not desirable and that forty wtits per acn: was as dense as any n:sidcntial devclopmcnl shauld be in lhc City of Englewood. Council Member Habeni cht asked what other such units then, wen: at thnl time and ,.;n we sec PUD ' s on those also. Mr. Still n:spondod that \\e haven 't had any other dcvelopmc.uts. The Marks apanmeol complex. for instance, is al a density of approxima1ely l'.><:nty-five units per acre. The Silver Cliff is proiJably abo,n that same amowiL be said . The new high density developments. within the last fifteen years an: cons iderabl y under forty wtits per acn,. Council Member Habenicht asked if this, then. is lhc only legal no n-<0nfonn ing usc that "~ ha,~ in the City based on this zoning change. Mr. Stitt responded that it is the only one at this IL-.-cl. Council Member Waggoner asked if the Meridian has more than fifty units per ac re now. Mr. Still said. accordin g 10 the app licanL lhc densi ty works out 10 fifty units per acre. Responding to Cooncil Member HabcnichL Mr. Still said thi s is bcc:iusc ii is so high . 11,e Wat erford. he said. has a gn:aler land an:a thnn the Meridian has. so its density is probably twenty-five 10 thirty wuts per acre He s.1i d he be lieves they ha\'c npproxima1cl y eight to ten acres !here . ,,., ~ : a_{_ -,... -· ·-~ " -.... :. • 11 ' ~ II Cl "I ' n , ' ~ ~ ~ . ,......CIIJ~ DocaNrl,1'M .... fwtw~ ~n,.'"Ht~, .. l · . •. t " , ..... ,..,.,....._ Ms. Hlbenicbt...,. lflllis will open the door lor other poupo IO come In lftd i-the hiper dawl),. • Mr. Still said 1111s l'UD affl>cls only 1111s ,p,d8c piece of property, bul ii -.Id • 111,p IDIDOOOC clle l'rom submilling a POD at a blgberdemity. He 111d if you an, lalldng lboat l -raidemlal clovdopmcnt that is comidenllly dilllftnt than applying l higher density IO M exisliag deYolapmenl Wbat,..""' doing, he a.Mstd, is trying to a>ned a sitaion UW '"511ltcd ll'om a cbaDp in Ille :r:oalng onllnance. Council Member Habcnicbt said she is still having a hard time trying 10 Wldc-..l ClClCtly how the PUD process works. Sbe uted City Anomey Brownan if there Is 011ything that 1roeps us l'rom snnling something in one PUD that ,.. won 't gnmt in another. She wanted IO know if-an: SOIiing SIOIIIO son of prtecdent that will fon:c US IO do IDIDdhi.ng Iller that WC don 't WIIII 10. Mr. Bruttman rnpondcd that each PUD is indlvidaollzcd lftd cauin SWldanls set fortll by onlllluce. He said that, just because you grant a higher demily bcrc does tl0t mean you -to grant It to every pa41ential poup that comes in and asks for a hlgb deoo :ity. He said the ans,,,er is 110, this is nol precedenl setting. Council Member Wiggins said it does give pru:cdcnt if we give this we can grant it IO somebody else. !-"or inslance. with the p,evious hearing 011 the mini -storage. iftll,i• Wlllt to go in on Belleview, al Home Lumber. with mini.-age. ifwe grant it here tltis is precalcr:,' ;o a oourt action if they ""1\l P., asltcd if tlW was not uue. Mr. Bmtzman said no. that you would dilferentiare bc:n>= all the uses that .is. sunound that partiadar ""'-so you are looting at a PUD as its own district. You ba,-c a ratio no! reason for diJl"crcntialing them. he adviocd. If the two properties ,..re identictl. although that is not probable, you should grant them bod>. But no two pims of properly in a given neighborhood will be identical so )'OU can dilfctelltiate them. Mayor Bums agrml that PUD's prell)' much stand on their own and they really don't form a precedent ooe for anolhcr. Council Member Waggoocr said there is other vacant property around lhis site. He asl:cd if there are plans for any oftbal properly to be included witllin the PUD so that that density could be used for M addition to this building. Mr. Stitt responded tl,oi the only property inclucbl in this PUD is the properly controlled by the 3PPliant and the IOIAI sire is included in the PUD . Council Member Hathaw:rJ "51cr.rl ;ftt,c '!f'ISSY arc:, on Hampden is included in that also. Mr. Stitt sairl thal is actUally owned by Swedish or its 1r.cdcccsso,,. !101 by Meridian. Council Member Habenicht asked if the app licant a>uld combine sc,-cral units wit!lln thi., PUD to make super-units, or =-cation centers. and then build M attachment to it Md it would still fit Or. she asked. if the PUD is limited IO the only building that exists currently. Mr, Stitt responded that they can aimbine units as long as they don't C>A:CCd the filly units per :icre. and they can add on without having to aime bock, in tcnns aCthe PUD. They would still ba\-c to oomply with all applictble zoning regulations and building codes. but that would nol preclude them from building, as long as the si te cm accommodate those additional units. It must pnMde for required oil" street paoong, no1 take away from n,quired landscaping. change of access and those l}1)CS of issues. Responding to Council Member Waggoner. Mr. Stitt said the PUD a,'c.,Jly defines tlle J .9 3CJ"CS by description . In this .:asc, the two pans of the PUD include tlte district plan. which cops tlle development at lilly units per acre and the site plan. which spells out where those units are. They would ba\'c to amend tlle PUD. he said. if they""'° goi ng to add on additional building outside of the existing structures. Mayor Burns said in other words, the foot print for this map is jUSI tnc building and the arc., immediately around i~ and docs oot c.xt cnd down to Hampden . Mr. Stitt agreed • • • • ......... CltyC-'I -.i.,,,. ... 1, Council Member Habenicht aid her coacan 11 11111 oow lhe Mcridllll clocsn 't gcnenie a lot al' tnffic bocaule a lotal'lbcpcoplc will use the Meridlan bus. She ukecl if this will allow lhe use to change 1Djust apartments. Mr. Stitt said it could bccauoe aportments are a pcnnined OR ill that zone dillrict, but again you an: limit..i to essentially wlllll iJ physically on lhe si ie r,t this 00in~ unless they would come in with an amcndcd PUD appUcallon. The way the units aro set up, be d. it is oat likely that it would be converted ID aparuncnts. Mr. Stitt said = was one additional issue that was brought up by the Planning Commission, and that was as a result of a request from PubUc Worits to up8111de the curb. guna and sidewalk along East Girard. The Planning Commission fell 11111 it was more appropriate for tlic applicant to know specilically wbat thoso changes would roquirc. Public Worits bas provided that lnfomwioll and the applicant has agm,d to carry out those improvements as specified as• condition in lhe Planning Commission's recommendation . Ralph Nagd, ISSJ Larimer Street, President ofMcri.1lan Retirement Communities, spoke rq,,acnting the appUcanL He said. as be understands i~ a PUD is a much stronger insllumcnt than simple mning. SClling fonh the actual oaturc of when: the landscaping will be, the amount of open spaa:. the nature of all aca:ss and curb cuts. The bonus was granted because the statute allm,,; for senior housiog 10 have an i=se in density, nxx,gnizing lhe lower impact in the number of cars and lhe oaturc of the occupancy use. What we arc proposin g. be said. is to mainlJlin !he use. which is an intcgnll pMt oflhe PUD , without changing ony of the fearun:s oflhe site. Ally such change would require c:cming back ·o Council . Mr. Nagel explaim:d lhey are just comillg back into conformance with the Cil)I ordinana:. as it exists today. so as to have a cit.an application for refinancing. since it is an instinnional use. There was oo ooe else pR:SCnt 1D spe:,k 10 the issue. COUNCil. MDUJER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE mE PUBLIC IIEAIIING ON mt ENGLEWOOD MERIDIAN PLANNED UNIT DEVELOPMENT. Ayes: Council Memben lblhaway, Vonnillllg. Wiggins. Habenicht. Waggoner. Clapp, Bums Nays: None Motion carried and !he public hearing closed. 10 . Consent Agenda COUNCO.. MEMBER BA 11lA WAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS JO (a) (i) and (ii) ON FIRST READfliG. (a) Approve OD First Reading (i) COUNCIL BILL NO. 74 . INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 20 TO TI!E VALLEY SANITATION DISTRICT CONNECTOR 'S AGREEMENT Wl1ll TI!E CITY OF ENGLEWOOD TO INCLUDE ADDmONAL LAND WITHIN 1lli! DISTRICT BOUNDARIES . (ii) COUNCIL Bill NO. 75 . ltmlODUCED BY COUNCIL MEMBER HATHAWAY A Bill. POil AN ORDINANCI! APPROVING ~1JPft.l!MBNT NO. 129 TO 1llE sounlGATI! SANITATION DISTIUCT CONNECTOR'S AGRl!EMEliT WITH1llE UTYOFEI-' 11.EWOOD, COLORADO FOR THE INCLUSION OF LANO Wl11llN 1llE DISTRICT BOUNDARIES A)'S: Council Mcmbcn Hatt.away, Vonninag, Wiggins, llabcnich~ Waggoner, Clapp, Bums Nays: Nooe COUNCll. MEMBll HATHAWAY 111:MOVZD AGENDA mM 10 (11) (i) FROM THE CONSENT AGENDA. COUNCll. MEMBI.R HATHAWAY MOVED, AND IT WAS SECONDED, TO ,..l'IROVE CONSUfT AGENDA ITEMS 10 (11) (U), (Ill) uol(lv) ON SECOND READING. (t,) Approve on Second Reading (u) ORDINANCE NO. 65. SERIES OF 1996 (COUNCIL ~ILL NO . 70 , INlllOOUCED BY COUNCil. MEMBER HA 11{A WAY) AN ORDINANCE APPROVING 1llE RENEWAL OF AN INIBRGOVERNMENr AL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD. COLORADO AND 11lE CITY OF SHERIDAN. COLORAL'O WHEREBY ENGLEWOOD WILL PROVIDE 11lE CITY OF SHERIDAN WlTil VEHICJ.E M.AJNITNANCE. (w) ORDINANCE NO. 66. SERIES OF 1'196 (t:OUNCil. BilJ NO. 71. JNraQ,i>UCED BY COUNCil. MEMBER HAraA WAY) AN ORDINANCE APPROVING 1llE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD . COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY 1llE CITY OF ENGLEWOOD WILL PROVIDE 11lE ENGLEWOOD PUBLIC SCHOOL 'S ··,T!'H VEHI CLE MAINTENAN CE. (iv ) ORi)l'lANCc NO . 67 . SERIES OF 1996 (COUNCIL BILL NO . 72 . ll'fffiCDUCED BY COUNCIL MEMBER HA11{A WAY) AN (JI\DINAN CE A1JlllORIZING AN ll''TERGOVERNMENT AL AGREEMENT BETWEEN 11lE COLOR \DO WATER RESOURCES AND POWER DEVELOPMENT AtJrHOIUTY AND THE CITY OF c!<Gi..EWOOD . COLORADO ENlTILED -OBLIGATED PERSo:-;·s UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE ." Vote .....its: Mouon cairied. Ayes: Council M,.<Dbcrs Halhaway. Vonniuag, Wi ggins. Habcnicb ~ Waggoner. Clapp, Bums Nays : None (i) Council Member HathaWlly explained that she pulled the ordinance from the Co nsent Agenda because she would like to make a funhcr amendment I.bat she ori ginalli• proposed as a fri endly amendment on November :s . 1996 . • • • • • • ~CllyC-8 -2,l"' PapJJ COUNCU. MDDll:R HATHAWAY MOVD, AND rr WAS SICONDID, TO AMEND TO INCLUDE A SICTION 20 TO COUNCIL SILL NO. 54 THAT WOULD llAD: THAT WE WOULD WAIVK TRJ: RI AND AUTOMA11CALL Y GRANT A CONDfflONAL OSI HJIMJT TO ALL BOMI DAY CAB PROVIDIIS LOCATED IN R-1-A, PllOVIDID TRI: FOLLOWING CONDfflONS ARI Ml'r: 111ATTIIIY CANPllOVI THATTRIY AU LlCENSID PRIOR TO JUNI J, 11196, WBJCB WAS TRI: DATE 0\1 TBE ORIGINAL MORATORJUM, THAT TIKY B'A VI NO CODE 11:QORCIMINT VIOLATIONS AT THAT ADDUSS OP ANY TYPI wrrlllN THI LAST PULL YliR PlllOR TO JUNI ~. AND THAT THEY BA VI NO OTHER TYPI OP COMPLAINT DOCUMENTED AT THAT ADDUSS OR BY TRJ: INDIVIDUALS AT THAT ADDUSS BY TIii crrY. POR EXAMPLE, POUCE DESK REPORTS A COMPLAINT fr WOULD NOT NECESSAJUL Y BE A CODE ENPORCKMINT ACTION, WlTBJN, ALSO TBE LAST PULL YEAR PRIOR TO JUN'Jt 3, 1996. Council Member Waggoner asked what will ~ if they gd one after that Ms . Hathaway said Ibis is only taking into 3CCOW1t the day ca..., providers that we know aist. the number varies anywbcrc between SC\-cntccn and nineteen depending on ,vhcthcr you arc holding that Juoc: 3,. date. She opined that iDOSI of tbcsc pa,plc, 1>ith the cxccplion of one .'lat ..-c know abou~ are basically operating within tM CDtditions of c<..:ry other neighborhood in this community. other than they ha..-c been doing an illcpJ business. The point is. she said. that if there bas not been a complaint from their neighbors. tbcsc people sboldd DIii have to go through a condi1ional use proc:es< cvco within thc next two )-C:US. as they have provai :hey cu, operate wilhou1 problems. Mr. Waggoner said maybe thc neighborhood dicln ·1 have • chanco to oomplain . Ms. Hathany said she 6.ds that if a day care home or any 0lhcr business w;,s set up next 10 your home that was a documcr•':'I nuisana:, the neighbors would have compl:iincd by now . Council Member Habenicht asked if this ~ automal;cally grant the conditional use. Ms. Hathaway rospoodcd that it would automatically be >WmD& the fee and granting the conditional use permit to :ill of the R-1-A day care providers that we know exist that were licensed prior to June 3'", bcca= ,. .. know who they arc. as long as they have no code enforcement violations or an)' documcntable complaints within the last full year prior 10 June 3 ... Ms. Habcr.ich1 asked what would happen. then. 10 a home owner who had a problem . Woold that fall within a conditional use kind of C<J nccm ? Ms. Hatl-.away said that would mean that would be j ust like any other residence and would be handled just as any other business. The only thing you couJdn ·1 do is shu1 dcrat1 their day care business. Mr. Brotzman agn,cd. saying it would be a criminal vio latioo. Ms. Hathaway added !hat ii would be treated the same as we arc in any other residential district with respect 10 such things as weeds O\'CT six inches. or gatbagc cans or anything else. Some of us run home occupations. she said. Ms. Hathaway said her district al la..~ home OCctlpations. but she would cxpcc1 her neighbors 10 call her in ror other ,iolations. Council Member Waggoner said the problem be bas with that is it really docsn "t give thc neighbors a chance 10 voice 1bcir complaints for those tfo.ill arc existing. If there arc no complaints. and they arc operating a good licensed day care. then there shouldn 't be any problem \\ith going through a conditional use. There shouldn '1 be any co mplaints so they sboo~d be able 10 operate anywa y. unless they may have a complain! from their nei ghbor. He said he would go along with waiving the fee. out he would certainl y gi,-c the neighbors a chance 10 say wbcthcr thcy were causing a problem or no1. Co unal M,rr. ,er Oapp sa id she is confused as to what type of coniplain1 tha1 would be. If i: is just noise Crom children . would ih.11 be enough to deny them a license. then? Mr. Waggoner said he feels that would be up to tho PiuruJng and Zoning Baanl. Ms. Clapp ald she -DOI fed that is ..-!ting that sboold • evca he cu111iohal bocalM you a,uld IMO..., to -willl lbelr own si> childraa .. ,11 they an: aoing to he naily ...._ 11 is a taideal.ial uea. DOl a ~ CXJ111111WUly or somclhlnil ol lhal. nature where you dnll 'l ..UOW <:bildren. slie aid. She opillod lbal a lot oC ~ fllOIICY will he .......i on bearings that :are OOI -,,. lf!hcrc is a problem willl tbc 1YJ1C of care \hat is be.ing providod with in-home dsy ca,e, yoo :an n,port it to ~,x;ial Sc:Yitos aod if IIOIIIClhlQg is going on they will be cloa:d down. Council Member Habenlcht said tbc knows !his is••• 0<tmDdy dJlli...U issue, mainly bcau1o"" arc living in a oociely that is in Ulllllitio!I and WC .-i •o >C<:DIMICdalc Ille chan!l"I in I way that prolccts everybody 's riahts and qualily of life. Shoodvilod that si ,: ~ willl a a>UDCil nembcrfrom Boulder about this issue. Boulder, she said. pmllits day care as a borne o·.cupation, but as a conditional use. She said ,ac is still not swc wl»:1 is be'.nit dnac lhroupaut tbc metro area with regard to this issue. That is wl\:at is making it so diffialll /.nodl<r tbiaa lbat pvcs bcr gn,at concern, she stat<d. is the oommcnt nude I hat Illes-iiwi,e WjlllteS lbat. day care home not be allowed lo lock their cbn. She .. , ... to her, that is frighlcltlng. This wbr.:.a ;..,.. """"'10hc opening up all son. of issues tlw are out LIY..n: and arc not being addlcssal w we~-, ic)inf. to make all thesc interesti ng stipulations based on pieces of it.formation in differen1jww1.:i :,,,£that dnll't spalt to each other. n is makes no oonsc a1 all. she said. Sbc C0mm--..nl<d that if .ht ,..,.,. • J101C111 and knew that bcr cltildton wen: ltcpt in a home w!im they eo<ld.u 'l laclt the door>, she ,1<1ul. be aiaccmcd. Ml. Habenicht staled th•;t she does not think that the conditional usc is meant to t r • dclcmnt to pccplc, but rather a transition. so she does not have a problem with the C0ndilional use. Sbt. nddcd lbat she undcrSlands about the seventy-five dollar fee and the concern that people have of advertisi n& lhat they ba,,: an unlacltcd house, which is a scrioos safdy C0110Cm . Those arc lcgjtimatc conccm•i.. She said ;he i!; no1 sure she can vote for the amcndm:nl but she feels Wt: ,-i 10 proci:a these people :rom ~a,•i,g "' ad.,•niK that they have unlocked homes. Mayor Bums said he docs not feel JOU all· advertising that you have an unlocked home bcr-'ausc the public is not going to know that. He said lie fa,h the lock issue has a lot to do with fire safctv . bot that he was • not sure. Last time he C."Pn'SSCd t.is cr.occm about having 10 awly for a cooditional w,c for people who have alm,dy ~ licensed and CSIJlbl isbed in the area. He said be understands it will take ohout eighteen IDODlhs 10 p!OCl:SS all of these folk.s ,, ooc per month through the Plaruung Commission. We swvoycd other cities. he said, and most have a , lliitional usc applicatioci for heme based busiDcsscs and he feels \\c should have that for fu1un: use. ro ta,-c C\'Ol)'Onc parnding through the Plaruung Commission. month after month. with conditional use application.<. is a p!OCl:SS that is a problem . Mayor Bums C."Presscd sympathy for the homeowners in the an,a who have not known that sume of these pl:tccs c.xist and that they have been operatin g illegally . He is in favor of having a conditional use applit::ition ar.d he docs nol fed a sign advertises that the applicant is si ngle. We are Ir) ing In decide whether people who are established should have 10 apply and be approved or just allow them to be grandfathered in . 11 is a difficult issue, he said. bu1 he feels that so,nc of the concerns that hav< been raise<! tonight arc not tlull tcmbly serious. Council Member Wiggins said he has a problem with rcwanllng illegal businesses. They have been in violation for two years. they ha,,: paid oo fines. and he feels paying a seventy-five dollar fee for the application is fair . If they don 't have a liccn.sc they why should other busincs,cs ha,,: a license. he asked . He feds wo arc breaking a lntSI w,<it th< pccple that move, in and the people who use the dly care facilities in Englewood do not spcud time in the City . Th,J come in the morning. drop olfthc kids and C0mc baCK in 1hr. evening and pick them up . They do not shop with their kids in our shoppinn centers and if they do . it 1,1,'0W.d be very rare if they spent much money in tile City. They don't even on weekends so 1,1,'C arc not getting any n.'YCnuc frotn them. Another Counci l Member wants to limit the number of legitimate business on south Broadw..y . he .:,id, but she is in favor of no limit on d>y can: in Ille City . He said he docso 't thi.'llt that is fair . He opined that the hometown quality of Englewood is going 10 be lost if th ey don 't have S.'>mc rcqt:ircmcnts that they ha\'c a co ndit ional license. He commented on the rcution • • • • prcoented earlier by Ms. Smallwood, saying that be have liked to have been !here because, as he rads thc peorioo, ii docru 'I swe lhc whole racu of thc manu. He feels i1 is a little suspicious. Council Member llabenicltl said thaL when we first opened lhe issue and bad some com:em about home oa:upalions, lhe people who live in lhc R-1-A UH>CS who came forward and said they didn't want to see any changes made in thc zoning, and that I.bey were -!here were home oc:cupatioN in !heir ocighborbood. Those p,oplc feel the wning 1lives lbcm proc,,ctlon, they have no desire In shut anybody down. but they do wan1 lhe protection. Also, I~ was a conc:cm aboul neighbor against neighbor. such as !he one we bad lhat bad nolhing 10 do with the home business. II "115 stall' who came up with the conditional use. at that poinL as a way ID deal "'th this and protect both thc R-1-A zone lf:Sidents and the busin=cs. For that reason. she said. we should So at:ad with iL She asked City Attorney Bmtzman if there is any way that !he conditional use prna:sa could be done like a class action conditional use provided to lbe existing ones grandfalllcrcd in all at one time. Council Member Ha1baway said that is what this amendmenl does, but you arc not ncc:cssarily forcing !hem to go through a proa:ss. Ms. Habenicht said that whal it doesn 't do is place the conditions nn the use. that 's the only 1hing tha1 she sees is missing. Ms. Hathaway disagreed. saying her amendment only allows them !heir conditional use pcnniL 11 automatically granL< !hose c.xisting lbc conditional use pcnniL and wah-.s the roe. if they mccl lhc condiuons. It jUSI allows !hem 10 no1 go lhrough the process. Mr. Waggoner said that Ms. Habenicht is saying 10 have them go lhrough the process. only !IS a class. City Altomcy Brotzman said each one would be individual but you ""uld have them sc heduled all on one nighL As c:,ch add= is called !hey will give a brid prcscnlation and there will be an opportunity for tl1c ocighbcrs 10 Sl3nd up and complain . Council Member Habenichl said her understanding of the reason for having a conditional use is not to question the quality of lhc day care in lbe heme. ~ut rcc:oursc for the way the property owner acts. Mr 81otzma11 agreed. adding tha1 what the conditional use allows is specialty ilems. There may be diJl'ercm noise concerns depending upon lhe 10pography of the property, for instance. Council Member Hathaway asked. olher than going through lhc process. whal dilfcrcncc her amendment makes. other than this au1omatically grants tlicm thaL provided Ibey have nol had any complaints by !heir neighbors in the year prior to June Jn1. The problems would have been rcponcd within the last year prior to June 3rd ifth~ people bad been opcrati1,g a year or more. Council Member Vonni11ag asked. ifwc cl-J them all on one nighL wha1 if a group of fifty ci tizens wo nt to come down and compl ain about lhc whol e group? Are they only goi ng to hC::lJ' from people who live within 500 feet of the address is question, or can somcooc from four miles away complain about lhem. also? Mr. Brotzman responded lha1 lhc Planning and Zoning Commission \\ill give more weight to persons living nc.'<I door than to those living four miles a"~Y -The nice thing about this p=, he said. is thaL hopefully, you wi ll not have !hem all on 1hc same evening. but will have Plann;,g and Zoning consider them O\·er a two year period. rather than having this giant process that hits th•.:m all in one night. Counci l Member Waggoner said maybe a specific area could be considered all on or ! ni1;ht He asked if Council Member Vo nninag 's concerns over the word .. licensed .. being in.sened to describe 1hc day care has been addressed. Ms . Hathaway responded tha1 section ninclccn addresses this. and that her amendment adds a section 1wcnry Lhat reinforces the fact 1hat tJ1 cy have to be a licensed day care home prior to June )m . s.airw-CIIJC-8 --.r2,1"' Pqe2' Council Member Habeoicbl raioca a point of Older. She reminded Council l.bal the qucstiaa wu rai5"d earlier u to wbdbcr she sbould '°"' on this. City Attorney Browoan aid 1h11, If she dces DOI havc a .finaDcial inlcrcsl ar her immcdiatc wnily does not have a ftnancllll inlcrest in a dayca.-e, then Ms. Habenicht does not ha\'C a ainllict iD 1llis ll)lltcr. Vote ....its oa .-loa to -d Coudl BW No. 54: Ayes: Council Mcmbct1 Hatha· ,y, Vormilllg. Clapp Nays; Council Mcmbcn Wiggins, llabcnich~ W1&1,'0IICC, Bums Molionddeotcd. The City Clcrlt was asked to n:ad Council Bill No. s• by tiUe : COUNCil. BILL NO . 54 , l!mlODUCED BY COUNCil. MEMBER VORMTITAG A BD.L FOR AN ORDINANCE AMENDING TITLE 16, CHAPTERS 4 AND 8. OF TIIE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO TIIE REGULATION OF HOME DAY CARE FACI" IT1ES IN TI!E R-1 -A WNE DISTRICT. COUNCIL Ml:.MBER VOIIMITl'AG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (b) (i) • COUNCIL BO..L NO. 54. Council Member Habenicht stated that ooe of the aiuccnu in Study Session discussion w:is that the people l'Clllly fed the seventy-five dollar fee is a big issue. She asked that the fee be wa,,'td for the existing busiocsscs. City Anomcy Brotzman recmuncndcd that it be put in 1he form of a motion llflcnvards. If Council is going 10 pass 1llis as is. cxccp.' for the fee. Council Member Clapp said she would like to malte a statement for the r=rd in her own dcf'cnsc . She said she feels she has been YCrJ1 consistau as a Council person in bcr positions with all businesses. She said she has always put family and children first and fon:most . That is her position on Broadway, also. that we bav,: businesses that an: a,mpolible with our community. that 1hings wori< smoot hly fo r everyone concerned. because certain types ofhtL~ncsscs arc not assets to our cornmuniry or other businesses . Mayor Bums asked ift'. f,; is tied to whether there is a conditional use process . Mr. Brotzman said then: is a conditional u,;c 1cc that is established by the Code curn:n Uy . He feels Council cao wai ve Uu11 for these issues and ii can be done scparntcly from the ordinan ::c. Maror Bums asked if the applicant has 10 stand lhc cost of the si gnage. City Auomey BrolZJTlall said 1ba1 is corn:ct . Council Membe r Hathaway asked. if you an: waiving the n:quin:ment fo r signagc and changing the requirement for them to serve a notia: on each of their neighbors. can you do that separate fro m the ordinana:? Mr. Bl'OIZJTlall n:spondcd that you can do that separate fro m the ordinance. Vote results: Ayes ; Council Members Vo rmillag. Wi ggi ns. Habe ni chL Waggoner. Clapp . Bums Nays : Council Mem be r Hathaway Motio n carried . !C'crk 's note : Co uncil Bill No. 54 was assigned Ordinana, No . 64 , Se ri es of 1996.! • • • • • • ......... C'llyc-a lloa,akr 2, ·"' ... 17 COUNCL MIMIIU IIABENICBT MOVED, AND IT WAS SECONDED, TO WAIVE TBE $75.0I RE roa GOING mROUGB nn: CONDmONAL USJ: PROCJ:SS FO R THOSE THAT ARI: DlSTING. Ayes: Nays: Motion carri<d. Council Memben HatLoway, Vonnittag, Habenich~ Clapp, Bums Council Mcmbcts Wiggins, Waggoner COUNCL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, THAT INSTEAD ON REQUIIIING A SIGN BE POSTED, THAT WE REQUIRE THE SERVING or NOTICES TO ALL NUCHBORS AROUND THE DAY CARI: HOME WITHIN A ONE BLOCK RADmS IN ANYDnu:cnON. Council Member Vormittag ukcd if it would be bct•cr 10 jUSf ;y 500 feet. Ms. Hathaway said 500 fee, isn 't a"CD ooc block. Mayor Bums asked if, by one block. she means in every dir<etion . Ms . Hathaway responded that she means one block in any dir<etion . Ayes: Council Members Hathaway, Vormittag. Habenic ht. Waggoner. Clapp. Bums Nays : Council Member Wiggins Motioo carried. 11. ONiaaaca, Resolutions and Motions (a) Approve on First Readi ng (i) City AnonlC)' Brotzman presented a rccommcndalioo to adopt a bill for an ondinancc authorizing the sale of five properties on South Sherman Str<et to the Englewood Housing Authority. Mr. Bromnau romindcd Counci l thaL at the last meeting. they authorized by motion the sal e of these properties and this is a fonnalization and deeds ar< attached lo the ordinance. The onl y unusual thing obout the deeds is !hero is a restri ction that they only be used for residential purposes ,ind tlmt the City Manager, rather than the Mayor, will be signing these due to the co nflict between being the Mayor and bc:,d of the Housing Authority, he would be signing twi ce. Mayo r Bums Sllllcd thaL as he did the last time. be will abstain froti, ~iscussion or voti ng on this is.rue. The City Clerk was a.sited 10 read Council Bill No . 76 by utle : COUNCIL BILL NO . 76 , INTROD UCED BY COUN CIL ME MBER HATHAW AY A BILL FOR AN ORDCN A ~'CE APPROVCN G THE SALE OF FIVE CITY OF ENGLEWOOD PROPERTIES LOCATED AT 3-IOO, 3410 , 3420 , 3424 AND 3428 SOUTH SHERMAN STREET TO THE ENGLEWOOD HOUSCNG Al 7l!ORITY. COUNCIL MEMBER HATH AWAY MOVED , AND IT WAS SECONDE D, TO APPROVE AGENDA CTEM 1.1 (a) (i) -COUNCIL BILL NO. 76. Ayes : Council Members Hathaway , Vonn ittag. Wiggins. Habenich~ Waggoner, Clapp Nays : None Abstain : Mayor Bums .......... CIIJC-'I DeaaNrl,I"' ..... Motlon c:arriod. U) Dlro:lor Fonda pn:aoalOda rooommcadalloll ft-am the Utilities~ to adopt a blU (or ao ·illnancc approvina a ratrictloa on the number or uscn per water and .....,. service line. He swod Iba& s . ·',a bouldu,eplnc _...., We really haven 't been pennitting them, ho: said. but it is dllllcult 10 II)' no wbcn you don'I ha\'C Ille bocldng o(an ordlnaoce. We Already have ii In lbc ..,_ ordinance and this """"' brina it Into lhc WIier ulilily also. There hive been numerous ,roblems when wo have bad IWO uscn on lhc same sctVk:c line. Tbc Ci1y Ckrlt -ullal to rQd Council Bill No. 73 by title : COUNCll. Bll.L NO. 73 . INTRODUCED BY COUNCll. MEMBl!R WIGGINS A Bll.L FOR AN ORDINANCE AMENDING TITLE 12, CHAYIBR IB, SECTION 7, OF 11ffi ENGLEWOOD MUNICIPAL CODE 193S PERTAINING TO RESTIUCTING TI-IE NUMBER QI' USERS ON ANY ONE WATER AND SEWER SERVICE . COUNCll. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGl:NDA ITEM II (1) (II)· COUNCIL BILL NO. 73. Motion caniod. Ayes: Counal Mcmbas Hnthaway. Vonni11a3, Wiggins. Habcnichl Waggoner. Clapp. Bums Nays : None (b) Approve on Second Rc:iding There wcrc no additional i1ems submiucd for approval on sea,nd rcoding. (Sec Agenda 11cm 10 -Consent Agenda.) (a) Mayo(s Choice I. Mayor Bums congratulated lhc Englewood Hi gn Schoo l football team for doing so well this year. He said Ibey did a grea l job . (b) Council Mcmbe(s Choice (i) Cour,;il Member Vonn,uag sub miltcd lenen 10 Cily Mana ger Clllri< co mmending Leigh Ann Hoffhines and Suz,e Grace for the ou1S1311ding """' done on the Ciiy calendar. He asked that the fo llowi ng lt,ner be pul into I.heir pmonucl Ries : "Please occept my appreciation and thanks for a job""" done . The cal endar proJOCI w.u someth ing that I wanted 10 sec accomplished since I bcclmc a council member. With your time and ccmmitmcnt 10 tltc project. we have been ab le 10 produa, a high qualil)' calendar thal thc cntirc communiiy can enjoy . You wcnl above and beyond the call o( dul)'. and it ccnainly shows in Ille final prod uct. Si gned Al Vonnl n•g.• Mayo r Bums agrocd that Ille cale nda r is 1errific. (i i) Council Member Habcnichl compllmcnlcd Coonctl Membe r VonnHtag and Ille staff fo r putting together a very a1trnc1 ivc calcndAr. She snlij she undcrstn nds II wi ll be more or 1\ communi ry project nex t year and she is look.mg forward lo 1ha1. • • • • 13. Cily Muasu'• Report (a) City Manager Cl lllk pr<SCRIM tbc bi--itly Cindordla City RedeYclopment Report, (b) City Manager Cllllk roc:ommcndod 11w Council go in10 Ex=tive Session immediately to disam: a real estate matter. COUNOL MJ:MBI.R HATHAWAY M.OVI.D, AND IT WAS SI.CONDlt D, FOR COUNCIL T(} GO INTO IXECUTIVI. SESSION IMMl:DIAnLY TO DISCUSS A RUL I.STA Tl'.. MATIJ:R AND 11R.N Rl:TURN TO UCONVENE Till MUTING. Molioll carried. A~: Council Membm Halliaway, Vormin<g. Wiggins. Habcnich~ Waggoner, Clajlp, Bums Nays: None The -g rcccsscd al 10:32 p.m. COUNOL MEMBER WAGGONER M.OVED, AND IT WAS SECONDED , 1llA T COUl'CU, M.OVE OUT OF EXEC UTIVE SESSION. • Ayes: Counci l Membm llalhaway , Vonru,tag. Wigg,n.. Habcnioht. Waggoner. Clapp. Burns Nays: None Moo.on carried. The mcding reconvened at 10:39 p.m . 14 . Coty Attorney's Report (al City Attorney Brotzman n:qucsted a motion 10 condemn tbc Home Lumber propcny, wbicb "'-ould :tlso begin by making an actua l olfer ofSJSS.000 . COONOL MEMB ER WAGGONER MOVED, AND IT WAS SECO NDED . TO CONDEMN THE HOME LUMBE R PROPERTY, WHICH WOULD ALSO BEGIN BY MAKING AN ACTUAL OFFER OF $385,000. Ayes : Council Memben Hathaway, Vormitttg. Wiggins. Habenicht . Waggoner. Clapp. Bums Nays: No ne Motion carried. 15. Adjournment COONOL MEMBER HATHA WAY MOVED TO ADJ OUR· The mecung adjourned at l!;AO p.m. l~d fc/l City Cieri<