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Home My WebLink About2012-03-06 PZC MINUTES• • • Planning and Zoning Commission Public Hearings Cases #2012-01, 2012-02, ZON2012-004, Medical Di strict Rezoning Sub-Areas 2 and 3 March 6, 2012 Page I of JO CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING March 6, 201 2 Minutes and a udio a re av ailabl e at: http://www.englewoodgov .o rg/Index .as px ?page= 152 I. CALL TO ORDER ~ The regu lar meeting of the City Plann i ng and Zoning Commiss ion was called to order at 7:04 p.m. in the City Counci l Chambers of the Englewood Civic Center, Chair Knoth presid i ng. Present: Absent: Staff: Bleile, Roth , King, Welker, Knoth, Fish , Br ick, Kinton Townley (a lternate ) Harbaugh A lan White, Community Deve lopment D i rector John Voboril, Long Range Planner Nancy Reid, Assistant City Attorney 11. A PPROVAL OF MINUTES February 22, 2012 Roth moved: Fish seconded: TO APPROVE THE FEBRUARY 22, 2012 MINUTES Chair Knoth asked if there were any modifications or corrections. There were none. AYES: NAYS: ABSTAIN: ABSENT: Bleile, Roth , Knoth, Fish , King, Brick, Kinton None Welker Harbaugh Motion carried . • • • Planning and Zoning Commission Public Hearings Cases #20 12-01 , 2012-02, ZON20 12-004 , Medical District Rezoning Sub-Areas 2 and 3 March 6, 2012 Page 2 of 10 Ill. PUBLIC HEARINGS llll CASE #2012-01, Amendment of UDC to Establish a NPO (Neighborhood Preservation Overlay) Zone District Brick moved: We lk er seconded: TO OPEN CASE #2012-01 AYES: NAYS: ABSTAIN: ABSENT: Bleile, Roth, Welker, Knoth, Fis h, King, Brick, Kinton None None Harbaugh Motion carried. Mr. Voboril presented background information on the Englewood Downtown and Medical District Small Area Planning process to date . Summary of the neighborhood Preservat ion Overlay: Prohibits the following land us es: > Hospital > Clinic > Laboratory > Office, type 1 (ge neral ) > Office, type 2 (limited) > Parking fac ility or str u ct ure, princ ipal u se > Parking area, surface, principle use > Conversions of si n gle unit houses to office use Limits the number of attached residential units to two per 50 feet of lot frontage. Allows the existing multi-unit apartment buildings to be redeveloped at existing densities. [i1J Public Testimony Testimony was heard from 8 c itizens . [i1J Bleile moved: Welker seconded: TO CLOSE CASE #2012-01 AYES: Bleile, Roth, We lk er, Knoth, Fish, King, Brick, Kinton • • • Plannin g and Z onin g Co mmi ss ion Publ ic Hearin gs Cases #201 2-01 , 201 2 -0 2 , ZON201 2-004, Medi cal Di stri ct Rezoning Sub-Areas 2 and 3 March 6, 2012 Page 3 o f 10 NAYS: ABSTAIN: ABSENT: None None Harbaugh Motion carried. The Commission called a 10 minute recess. The meeting reconvened with all members of the Commission previously in attendance. Welker moved: Brick seconded: TO AMEND THE ORIGINAL MOTION TO INCLUDE A 40 FOOT HEIGHT RESTRICTION IN THE OVERLAY DISTRICT. AYES: NAYS : Bleile, Roth, King, Brick, Welker Fish , Kinton , Knoth ABSTAIN: None ABSENT: Harbaugh Motion carried. Brick moved : Fish seconded: THAT CASE #2012-01 AMENDMENTS TO TITLE 16 : UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE RELATED TO THE CREATION OF NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT REGULATIONS BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION WITH THE FOLLOWING AMENDMENT: 1. Includ e a 40 foot he ight restriction . Mr. Fish stated in looking at Section 5 of Roadmap Englewood and at the overlay characteristics provided b y Staff that are intended to preserve the existing character and balance of land use , when the mature residential neighborhood appears to be the main reason for this , I don't find that anywhere in Roadmap Englewood. To overlay something like this over this diverse area would not only be not in compliance with what Englewood wants to see but believes it would damage the properties and take away rights. Mr. Brick said on page 85 , Section 5 : Housing, of Roadmap Englewood 2003 , it says "The City of Englewood recognizes the value of home ownership and the property improvements and is committed to increasing the home ownership levels in the City, as well as assisting current homeowners with home improvements. Understanding Housing in • • • Plannin g and Zo nin g Co mmi ss ion Publi c Hearings Cases #2012-01 , 2012-02 , ZON2012-004 , Medical Di stri ct Rezonin g Sub-Areas 2 and 3 March 6 , 2012 Page 4 o f 10 Englewood requires looking beyond housing type to housing tenure and maintenance. About two thirds of Englewood homes are single family dwellings of which 85% are owner- occupied. Of the one third that are multi-family homes, less than 3% are owner-occupied. Taken together, 50% of Englewood homes are occupied by their owners. Nationally, about 66 % of homes are owner-occupied . The City is committed to increasing Englewood owner- occupancy rates to more closely reflect national rates." Goal #2 states "Improve the quality of the City's existing housing stock"; under Objective 2.1 it states "Encourage home ownership, property improvement, and house additions ". In the Medical District Small Area Plan Goal A, Medical Area Sub-area 2, Objective 2A.1 states "Reduce the number of single unit rental homes through conversion to home ownership". By establishing the Overlay you are inducing home ownership. Mr. Welker stated he feels some of tonight's discussion is premature in that the boundaries of this district were really the intention of the third part of the public hearing tonight. He stated that an NPO District as an overlay is an advancement in the types of discussions the Commission has had that have been either been to one extreme, downzoning, or to the other extreme, opening the area up to mixed-use on a grander scale. While over time this area may evolve into being a denser, more commercial type of district based on pressure from ownership and use of adjoining properties the north two blocks are kind of a transition between strict single family homes and commercial development. Putting them in an overlay district that allows them to be kept as is, which is primarily single family homes or duplexes, is appropriate. He doesn't feel the bugs are worked out of the paperwork just yet. It would have been better if this issue had gone through the steps that were omitted; a Planning and Zoning study session and either a neighborhood meeting or a study session in which the public attended . Mr. Kinton said he concurs there are still many issues left to work out. Mr. Roth stated there are too many issues to work out. There are too many potential takings. As it is would be pretty fair target for a legal challenge. The non-conforming issues need to be addressed. He is not comfortable with making current conforming uses non- conforming. Mr. Bleile quoted a sentence from one of Director White's letters which he said he feels sums up the Planning and Zoning Commission superbly: "The role of zoning in the context of planning a neighborhood is to have a stabilizing and predictable effect on development patterns in the context of approved plans and visions for future development". He stated creating an overlay is a great idea; the intent was good. The issue needs to be vetted out more. Areas south of Girard between Girard and Floyd are vastly different than they are north of Floyd. Mr. King said he not opposed to an overlay. This area is fairly diverse and that may be the only way to go. The Planning and Zoning Commission has a fiduciary responsibility to the entire community. Otherwise, we would just allow everybody to zone their properties • • • Planning and Zo nin g Co mmi ss ion Public Hearin gs Cases #2012-01 , 2012-02, Z ON2012-004, Medi cal Di stri ct Rezonin g Sub-Areas 2 and 3 March 6 , 2 012 Pag e 5 of 10 whatever they wanted or would have no zoning at all. Non-conforming use is complicated. He supports going to an R-2 north of Floyd, other two areas not so sure. He doesn't like potentially taking away rights from people. The issue is just too vague . Mr. Knoth stated he is against down zoning. AYES: NAYS: ABSTAIN: ABSENT: Motion failed. Bleile moved: Brick Bleil e, Roth , Welker, Knoth , King, Fish, Kinton None Harbaugh Kinton seconded: THAT CITY COUNCIL ALLOW THE PLANNING AND ZONING COMMISSION THE OPPORTUNITY TO SCHEDULE ADDITIONAL STUDY SESSIONS TO WORK OUT THE DETAILS BEFORE THIS ISSUE IS PLACED BACK ON THE CALENDAR FOR ANOTHER PUBLIC HEARING. AYES: NAYS: ABSTAIN: ABSENT: Brick, Bleile, Roth, Welker, King, Fish , Kinton Knoth None Harbaugh Motion passed. CASE #2012-02, Amendment of UDC to Establish MU-R-3-C Zone District !lll Welker moved : Fish seconded: TO OPEN CASE #2012-02 AYES: NAYS: ABSTAIN : ABSENT: Roth, Welker, Fish, King, Brick, Kinton Bleile, Knoth None Harbaugh Motion carried. Mr. Voboril presented background information on the Englewood Downtown and Medical District Small Area Planning process to date . • • • P.lannin g and Zoning Co mmi ss ion Publi c Hearin gs C as es #2012-01 , 2012-02 , ZON2012-004 , Medi cal District Rezo ning Sub-Areas 2 and 3 March 6 , 2012 P ag e 6of10 Summary of MU-R-3-C Zone District: ~ > Remove Museum/Cultural as an allowed land use. > Remove Overnight, In-patient Hospital Facility as an allowed land use. > Remove Parking Structure and Surface parking as allowed principal land uses. > Retain Out-patient Clinic as an allowed land use. > Retain Medical Laboratory as an allowed land use. > Add Massage Therapy as an allowed land use. > Lower maximum height limit from 60 to 40 feet. > Remove floor area ratio limitation. > Institute a maximum office/medical facility building size of 30,000 SF, the same size as existing apartment buildings in Sub-area 3. > Reduce side setbacks for office/medical and multi-unit residential from 15 to 5 feet. > Remove driveway location requirement for multi-unit residential development. > Remove land area per residential unit requirement in favor of regulating density through maximum height limit and minimum off-street parking standards. > Reduce minimum lot size for office/medical development from 24,000 to 6,000 SF. Public Testimony Testimony was taken from one citizen. !lll Welker moved: Bleile seconded: TO CLOSE CASE #2012-02 AYES: NAYS: Bleile, Roth, Welker, Knoth, Fish , King, Brick, Kinton None ABSTAIN: None ABSENT: Harbaugh Motion carried. A motion was made that failed for lack of a second. [tlJ King moved: Welker Seconded: CASE #2 0 7 2-02, AMENDMENTS TO THE OFFICIAL ZONING MAP TO REZONE AN AREA OF THE CITY MU-R-3-C BE RECOMMENDED FOR • • • Plannin g a nd Zo nin g Co mmi ss io n Publi c Hearin gs Cases #2 01 2-01 , 2012 -02, ZON201 2 -004 , Medi cal Di stri ct Rezo nin g Sub-Areas 2 and 3 Marc h 6 , 2012 Page 7 of l0 APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION WITH THE FOLLOWING CORRECTIONS TO THE STAFF REPORT: 7. Pag e 4, #5 should read MU-R-3-C, not MU-R-3-8 . 2. Pag e 4, #6 should read Section 76-6-7 (C)(7), not Section 7 6-6-7 (E)(7) Mr. Fish said he has reviewed the materials provided b y Staff. There has been minimal public input other than to the process, but not to the substance of this motion . He stated he has reviewed the tables and finds the idea of an MU-R-3-C zone district compelling, but some of the proposed tables seem to be in conflict. The Commission did a lot of work to put together the M0-1 overlay for good reason and considering the intent of the third case tonight he is troubled by the removal of that. Mr. Brick stated in Section 7 of Roadmap Englewood under Business Emplo y ment that in Goal 1, Objective 1.2 it states "Actively engage in attracting new businesses to the City". In Goal 5, Objective 5.1 it states "Encourage the development of mixed-use projects in order to achieve a vibrant community". Objective 5 .2 states "Increases the value and appeal of Englewood's retail and industrial corridors in order to stimulate economic growth" . Mr. Welker stated even though the Planning and Zoning Commission did not specificall y discuss MU-R-3-C this is a fitting classification for the use of the area that it is proposed . H e stated he has no problem with changing the area zoned M0-1 to M-1 because of what M-1 allows . Mr. Kinton finds that the designation of an MU-R-3-C zone district reasonable. Mr. Roth stated he has concerns changing the M0-1 to M-1, however the area is small enough he doesn't believe there would be room to build a 145 foot building on that section of land. Mr. King said this is another unique area but this area is also highl y, d ensely populated with units and other uses and is very concentrated. It definitely n eeds to be set aside from the adjoining neighborhoods as the Commission has discussed many times in the past. AYES: NAYS: ABSTAIN : ABSENT: Bleile, Roth , Welker, Knoth, King, Brick, Kinton Fish None Harbaugh Motion carried . • • • Plannin g and Zoning Commi ss io n Publ ic Hearings Cases #2012-01 , 2012-02, ZON2012-004, Medi cal Di stri ct Rezonin g Sub-Areas 2 and 3 March 6, 2012 Page 8 of 10 ~ CASE #ZON2012-004, Amendment of Official Zoning Map Adopting NPO Zone District for portions of Medical District Sub-Area 2 and Medical District Sub-Area 3 from MU-R- 3-B to MU-R-3-C and M-1 Welker moved: Roth seconded: TO OPEN CASE #ZON2012-004 AYES: NAYS: ABSTAIN: ABSENT: Roth , Welker, Fish, King, Brick, Kinton Bleile, Knoth None Harbaugh Motion carried. Mr. Voboril presented background information on Medical District Sub-areas 2 and 3 Planning process to date. Summary of Case No. ZON2012-004 >-Amendment of the Official Zoning Map adopting NPO Zone District for portions of Medical District Sub-area 2. >-Amendment of the Official Zoning Map Rezoning portions of Medical District Sub-area 3 from MU-R-3 -B to MU-R-3-C and M-1 Public Testimony There was no public testimony. ltll Roth moved: Welker seconded: TO CLOSE CASE #ZON2012-004 AYES: NAYS: ABSTAIN: ABSENT: Bleile, Roth, Welker, Knoth, Fish, King, Brick, Kinton None None Harbaugh Motion carried. Several motions were made that were either withdrawn or died for a lack of a second . • • • Planning and Zoning Commission Public Hearings Cases #2012-01 , 2012-02, ZON2012-004, Medical District Rezoning Sub-Areas 2 and 3 March 6, 20 12 Page 9 of IO lt] Welker moved: Bleile seconded: CASE #ZON2012-004, AMENDMENTS TO THE OFFICIAL ZONING MAP BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION WITH THE FOLLOWING AMENDMENT: lt] 1. The area discussed as Sub-area 2 Overlay District be exempted from this approval and the ar ea be remanded to the Planning and Zoning Commission for clarification. Mr. Fish stated the proposed MU-R-3-C zone district is appropriate for the area as it promoted potential business improvement, which is one of the goals of Roadmap Englewood. He does not object to the height restrictions. Mr. Brick votes yes because it clarifies Goal 5.1 of Section 7 of Roadmap Englewood, which states "Enco urage the development of mixed-use projects in order to achieve a vibrant community" . Mr. King stated he felt the stakeholders in this area were very favorable of this plan and it could make sense for this area. AYES: NAYS: ABSTAIN: ABSENT: Bleile, Roth , Welker, Knoth, Fish, King, Brick, Kinton None None Harbaugh Motion carried. IV. PUBLIC FORUM ltll There was no further public comment. V. ATIORNEY'S CHOICE lt] Ms. Reid had nothing further to report. VI. STAFF'S CHOICE lt] Director White stated the March 20 111 meeting will be a Public Hearing on Denver Seminary PUD Amendments to allow a bank drive-thru . • • • Planning and Zoning Commission Public Hearings Cases #2012-01 , 2012-02 , ZON2012-004 , Medical Di strict Rezoning Sub-Areas 2 and 3 March 6 , 2012 Page 10 of IO VII. COMMISSIONER'S CHOICE ~ Mr. Brick, Mr. Welker, Mr. Bleile, Mr. Fish and Mr. Knoth commented on tonight's m ee ting. The meeting adjourned at 11 :00 p.m .