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HomeMy WebLinkAbout2014-10-21 PZC MINUTES• • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS OCTOBER 21, 2014 CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p .m. in the City Council Chambers of the Englewood Civic Center, Vice Chair King presiding . Present: Absent: Staff: e Brick, Freemire , King , Kinton , Knoth (arrived 7:03), Roth , Townley , Madrid (arrived 7:06) Fish (Excused), Bleile (Excused) Alan White , Director, Community Development Chris Neubecker, Senior Planner Brook Bell , Planner II Dugan Comer, City Attorney 's Office II. APPROVAL OF MINUTES • October 7, 2014 Brick moved; Roth seconded : TO APPROVE THE OCTOBER 7, 2014 , MINUTES Vice Chair King asked if there were any modifications or corrections. There were none. AYES : NAYS : ABSTAIN: ABSENT: Motion carried . e Brick, King , Kinton , Roth , Townley None Freemire Fish , Bleile , Knoth (arrived 7 :03) Ill. FINDINGS OF FACT CASE #2012-07 PUD PROCESS AMENDMENTS Roth moved ; Freemire seconded : TO APPROVE FINDINGS OF FACT FOR CASE #2012-07 PUD AYES: NAYS : ABSTAIN : ABSENT: e PROCESS AMENDMENTS Brick, Freemire , King , Kinton , Roth , Townley None None Fish , Bleile , Knoth (arrived 7 :03) Ill. PUBLIC HEARING CASE #2014-05 BULK PLANE REGULATION AMENDMENTS • Townley moved ; Page 1 of 7 • • • Freemire seconded : To open the Public Hearing for Case #2014-05 Bulk Plane Regulation Amendments AYES : NAYS : ABSTAIN : ABSENT: Brick , Freemire , King , Kinton , Knoth , Roth , Townley None None Fish , Bleile Motion passes. ~ Staff Presentation Brook Bell , Planner II with the Community Development Department , was sworn in . Mr . Bell reviewed the proposed amendments that were previously discussed in the study sess ion September 16 , 2014 . Prior to the adoption of the Unified Development Code in 2004 , building mass was constrained by setbacks , height and lot coverage. With the adoption of the UDC , bulk plane requirements were added at that time. The bulk plane is a three dimensional "tent" that contains a structure . The current regulations apply to residential structures with four (4) or fewer units in the R-1-A , R-1-B , R-1-C , R-2-A , R-2-B , MU-R-3-A, and MU-R-3-B zone districts. ~ Over the last few years , feedback from architects , builders and developers has been that the bulk plane is too restrictive to permit reasonable redevelopment with standard construction techniques . The proposed amendments seek to resolve issues related to the bulk plane : e 1) Beginning point of Bulk Plane 12 Feet Above Midpoint of Side Property Line a. Staff proposes that the bulk plane begin at a point 17 feet above the midpoint of the side property line and continue at a 45 degree angle toward the center of the property . 2) Applicability of Bulk Plane in Different Zone Districts a. The character of the City of Englewood 's R-1-A and R-1-B is more suburban and as such , staff recommends maintaining the current UDC bulk plane that begins at a point 12 feet above the midpoint of the side property line for these zone districts . The increased height of the bulk plane would apply to zones R-1-C , R- 2-A, R-2-B , MU-R-3-A, and MU-R-3-B . 3) Method of Measuring the Grade a. The average height of the existing grade measured at the mid-point of the side lot lines would be used to establish the base plane from which the side wall height would be measured. 4) Method of Measuring Maximum Side Wall Height a. Staff proposes to measure the side wall height at the point where the side wall of t he house intersects the roof framing member (roof sheathing). Staff recommends that the Commission forward the proposed amendments to City Council for a6roval. Mr . Brick asked if the citizens of Englewood received enough notice to be aware of the proposed UDC amendment. Mr. Bell responded that the appropriate postings were made and to his knowledge there were no additional press releases or other not ificat ions of the hearing . e Page 2 of 7 • • • Mr. Knoth inquired about odd size lots in R-1-A and R-1-B , specifically narrow lots and whether or not there would be accommodation for those lots since the amendment would not affect those zone districts. Mr . Bell replied that the option of pursuing a variance rema ins for lots with unusual dimensions. Mr. Knoth asked if that variance would be adm inistrative and Mr . Bell responded that t he matter of a variance would go before the Board of Adjustments and Appeals . e Mr . Freemire asked what the difference in home values would be for a single family home in Englewood should a house be removed and replaced with a new home . Mr. Bell responded that his sense is that the new homes are much larger than the existing homes and would be cons iderably more expensive . The market for duplexes and triplexes is very strong . ~ Mr. Bell pointed out that there is not a blackline version of the code provided but that per the Commission 's request , the proposed changes are outlined in the staff memo with details of staff's recommendations of how to address each item . e Public Comment Eric Bennett , 27 40 South Delaware Street , was sworn in. Mr . Bennett currently owns a property with an 800 square foot home adjacent to a tri-plex that was built prior to the adoption of the UDC . He would like to redevelop his property with a duplex unit that would sell for approximately $450 ,000-475 ,000 per unit. This redevelopment would represent an increase in taxes to the City of Englewood as well as increased property value fo r the community . 0 Bill McVey , 2059 Eudora Street , Denver , was sworn in . Mr. McVey is a real estate developer. He recently purchased a home at 2835 South Sherman with the intention of scraping the house and building a duplex . He bel ieves the units will sell for $550 ,000-575 ,000 each . The bulk plane affected his development because of the sloping nature of the lot and hampered his ability to build the duplex as it was designed . He supports the proposed code amendment and feels that he will continue to redevelop properties in Englewood if the less restrict ive bulk plane relations are adopted . Freemire moved ; Knoth seconded : TO CLOSE THE PUBLIC HEARING FOR CASE #2014-05 BULK PLANE REGULATION AMENDMENTS AYES: Brick , Freemire , King , Kinton , Knoth , Roth , Townley NAYS : None ABSTAIN : None ABSENT: Fish , Bleile Motion passes. ~ Brick moved ; Freemire seconded : e Discussion TO APPROVE CASE #2014-05 BULK PLANE REGULATION AMENDMENTS AS WRITTEN AND FORWARD TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION Page 3 of 7 • • • Mr. Roth explained that the purpose of the bulk plane regulation in the UDC is to control the scale of new development and reduce the effects of shading on the neighboring properties . Englewood was originally developed as a suburban commun ity. Areas of Englewood are evolving into neighborhoods with more urban character. He supports the idea but has reservations about including R-1-C . He feels that by adopting liberal development standards there will be an issue when residents become aware of the change in building sizes. His desire is to see the amended regulation applied to R-2 and the more dense areas and not reach so deeply into the neighborhoods . ~ Mr. Brick asked where the majority of R-1-C properties are in the City and how many homes fall under the R-1-C designation . Mr . Roth responded that the majority of the homes in the City are in R-1-C and described the boundaries . ~ Discussion about when the Comprehensive Plan will be enacted . [Secretary 's Note : The Comprehensive Plan is scheduled to be completed in August/September 2015 , with adoption following . Adoption of other plans and code changes to implement the recommendations of the Comprehensive Plan may take longer.] e Mr. Freemire estimated that the R-1-C is 60% of the City. He has personally seen property values increase in his neighborhood . His home is larger than those in the surrounding area and has not had an adverse effect on adjacent homes . Mr . Freemire expressed that he feels the current code amendment proposal is prudent based on market conditions . Mr . Roth expressed concern that the proposed code amendment will create additional non- conforming structures in the City . e Roth moved ; Brick seconded : Discussion e TO APPROVE CASE #2014-05 BULK PLANE REGULATION AMENDMENTS WITH THE EXCLUSION OF THE R-1-C ZONE DISTRICT. Mr. Freemire commented that in his past experience where the decision was made to be market-based by creating an environment that was friendly to business and development , tax revenues increased incrementally and improvements were made to existing neighborhoods while fixed costs of providing services remained relatively stable . e Mr. Brick commented that with the process of developing the revised Comprehensive Plan , the City will have an opportunity to hear from a larger segment of the population. If the revision is not made now , it will take longer to address R-1-C. He feels that if the case is presented before the citizens there will be understanding of the benefits to R-1-C and to the City . e Mr. King discussed the difference in redevelopment activity in Denver north of Yale and the amount of redevelopment that is taking place across Englewood 's border . Denver revised their regulations and development activity increased . Building cycles are relatively short-lived and this is an opportunity to take advantage of the market. e VOTE ON AMENDMENT TO THE ORIGINAL MOTION TO EXCLUDE R-1-C FROM THE PROPOSED AMENDMENT TO THE UDC : Page 4 of 7 • • • AYES : NAYS : ABSTAIN: ABSENT: e Brick, Roth Freemire , King , Kinton , Knoth , Townley None Fish, Bleile Brick -Yes , he agrees with the proposed amendment to the bulk plane but also believes that three years isn 't too long to wait to make changes. He would like to see more of the community involved in the decision , specifically in the R-1-C . With the (coincidental) public engagement activities related to the Comprehensive Plan , there will be opportunity for the public to learn about the change. e Freemire -No , the issue of the bulk plane will not necessarily be on the agenda for the Comprehensive Plan. King -No Kinton -No, although more public participation would be ideal , it will most likely not happen . Knoth -No Roth -Yes Townley-No Motion failed . e Vote on original motion: AYES : NAYS : ABSTAIN : ABSENT: e TO APPROVE CASE #2014-05 BULK PLANE REGULATION AMENDMENTS AS WRITTEN AND FORWARD TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION Brick , Freemire , King , Kinton , Knoth , Roth , Townley None None Fish , Bleile Mr. Brick Yes, cited Section 5 and Objective 2.1 under housing in Section 5 of the Comprehensive Plan regarding housing . This amendment is in alignment with the Comprehensive Plan . Freemire -Yes , this is a way to improve the tax base and the future appearance of Englewood , to allow the market to prevail and not have a government that stands in the way thereof. e King -Yes , it is consistent with the Comprehensive Plan and will bring in a mix of different kinds of housing with appropriate amenities for families . e Kinton -Yes , for the reasons previously stated and this change will promote and spur development. e Knoth -Yes , market forces should drive these decisions and right now the market has stopped at Yale and he would like to see it cross over into Englewood . e Roth -Yes , it is something that is needed in the higher density areas although there are still concerns about R-1-C but all in all it is a positive change. Page 5 of 7 • • • e Townley -Yes , this amendment supports all three R's of the 2003 Comprehensive Plan Redevelopment , Revitalization and Reinvention . Motion passes . e IV. PUBLIC FORUM There were no comments by the public . V. ATTORNEY'S CHOICE c0 Attorney did not have any comments . VI. STAFF'S CHOICE Director White -The Commissioners are scheduled for an informal meeting with the consultants for the Comprehensive Plan next Monday night , October 27th at 7:30 p.m . at Englewood Civic Center in a conference room on the 3r floor. There will be several more opportunities to participate in the future , such as the public meeting to be held November 12th. Mr. Brick asked if it would be possible to come early to listen to other sessions ; Director White stated that because 3 or more members from a board or commission will be present , the meetings are considered public . e Ms. Townley asked what kind of information the consultants are hoping to obtain from the Commissioners. Director White responded that the sessions are fairly informal and there is no preparation necessary on the part of the Commissioners. Mr. Kinton asked if the three plans are separate or will they be conducted concurrently . Director White explained that staff and Consultants are attempting to combine the three into one via the website EnglewoodForward .org since the plans are interrelated . The website w ill provide an opportunity for the public to express their thoughts and opinions on a variety of topics related to each project. The three projects are the Comprehensive Plan , Light Rail Next Steps Study and the Kaiser Walk and Wheel study . The questions from the consultants will cover all three topics . e Mr. Bell supplied a handout with the UDC chart of uses for MU-R-3-C . He explained that in 2012 , staff was considering a "phase 2" rezoning in the Medical District area encompassing an area between Girard Avenue and Floyd Avenue . Staff has discovered a conflict in the code regarding minimum lot width in the hospital district zoning and the MU-R-3-C zoning code . When the code was adopted by City Council , the text was changed slightly and was codified . A public hearing has been scheduled for November 4th to address the issue . e Mr . Knoth asked if the same amendment should be made for the MU-R-3-B zone district because the same apparent conflict exists in the Code . Staff will research the subject further and present information to the Commission either at the Public Hearing November 4th or in a study session if necessary . VII. COMMISSIONER'S CHOICE e Page 6 of 7 • • • Freemire -Appreciates opposing viewpoints and that the end result is agreement among the Commissioners . 0 Townley -Thanked the Commissioners for their input for her Leadership Practices Inventory; she has received a report with information on what she is doing correctly and areas she needs to improve . 0 Brick -The RiNo (River North Arts District) field trip was inspiring and the Comprehensive Plan will provide opportunity to build something similar in Englewood . He thanked Staff for arranging the trip. 0 King -Thanked the Commissioners for their cooperation even when there are differing opinions. The meeting adjourned at 8:18 p.m. /s/ Julie Bailey , Recording Secretary Page 7 of 7