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HomeMy WebLinkAbout2007-12-04 PZC MINUTES• • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 4, 200 7 CALL TO ORDER The reg ul ar meetin g of the City Planning and Zonin g Commissi o n w as called to order at 7:02 in the Community Development Conference Room of th e En glewood Civic Center, Chair Ro th presiding. Present: Absent: Staff Present: Guest: Roth , Brick, Bleile, Fish , Krieger, Calonder, We lk e r, Di ekmeier Myers (alt ern a te ) Knoth (excused ) Tricia Lan gon, Senior Planner Mark Graham, Senior Planner Nancy Reid , Assistant City Attorney Joe Abell, CU law student Steve King , homebuilder II . APPROVAL OF MINUTES Minutes of November 6, 2007 Mr. Welker noted a typo on page 4 ..... the word nine should be none. Mr. Diekmeier moved: Mr. Welker seconded: TO APPROVE THE NOVEMBER 6, 2007 MINUTES AS AMENDED AY ES: NAYS: ABSTAIN: ABSENT: Brick, Kr ieger, Ca londer, Bleile , Fish, D iekmeier, We lker None Roth Knoth Motion carr ied . Ill. HOTEL AMENDMENTS Mr. Graham introduced himself to the new members of the Commission . He said he gener- ally works with econom ic deve lopment projects, such as the case this eveni n g. H e sa i d Staff commissioned a hotel study earlier this year, which was to determine what type of market Englewood has for a hotel, what type amen ities are needed and what level of hotel would likely find a market here . The hope was to ha v e an upsca le hote l with En glewood 's prox- imity to Cherry Hills, b ut generally the demand is in t h e m iddle tier hotels such as the LaQuinta, Holiday Inn, and Hampton In n. The major demand generators are the medical 1 • • • centers, large employers with some regional demand (tourists, friends and relatives , etc.) . Also, the availability of public transportation into the sports venues and convention center complex creates a demand. The study becomes a marketing document for the City . As companies show interest, Staff provides them with the study to show what the prevailing room rates are in the market area. Englewood sits on a dividing line between two market areas: the Tech Center north to Hampden and 1-25 and the southwest market area centered on S. Wadsworth and Highway 285. The company that did the study felt Englewood was more like the latter and Englewood room rates would be comparable to that area. The Hotel Study had just begun when the Englewood Urban Renewal Authority received a proposal from Englewood Arts for a cultural arts center in downtown. Part of what Staff en- couraged them to do was to look at the possibility of including a hotel in their develop- ment. An agreement has been signed to allow Englewood Arts several years to raise funds to build the arts center on Acoma and Englewood Parkway. The property at the corner of Broadway and Englewood Parkway may work for a hote l/restaurant. There is also redevel- opment going on at the Flood Middle School site. The owners of that site expect to release a Request for Proposal in the first quarter of 2008. That property is currently zoned MU-R-3- B, multi-family, but may be appropriate for a combination of hotel/condominiums. Staff would like to add hotels as a use in the MU-R-3-B zone district. The Hotel Study also suggested a prime location for hotels would be along Highway 285 between Santa Fe and Broadway or on either Santa Fe or Broadway close to Highway 285 where there is good visibility and access. There have been hotel operators looking at the S Santa Fe corridor since early 2007. In February Staff brought forward a policy to the Plan- ning and Zoning Commission that would allow hotels/motels in the 1-1 zone districts. Direc- tor White feels this should become an Ordinance Amendment since it deals with land uses rather than just criteria for something. At this time there is a hotel seriously interested in a location on Santa Fe north of the drive-in theatre site. The developers have come to the City asking for help in acquiring one of the parcels, which is a surplus Colorado Department of Transportation (COOT) parcel that was acquired for road improvements back in the 1980's. The City has a right of first refusal to acquire those properties owned by COOT. At this point the City has contacted the State about our interest in acquiring the parcel for the hotel development, but cannot proceed without amending the zoning ordinance to permit hotels in the 1-1 zone district. The definitions in the zoning ordinance for visitor accommodations hotel specifically pre- clude cooking facilities in the rooms. The proposal that the City is entertaining is an ex- tended stay hotel with cooking facilities in the rooms. The definition would need to be amended to include cooking facilities. Mr. Welker asked if the Commission is looking at more than one definition. Ms. Langon stated that is probably true. Staff has just started to look at the differences be- tween motel, hotel and extended stay. There is also the bed and breakfast category. All of those would fit under the larger category of visitor accommodation . The current visitor ac- commodation definition would not work. All definitions would need to be reworded. They have not been completed at this time and cannot be presented at tonight's meeting. 2 • • • Mr. Graham said Coun c il was concerned about what type of hotels end up being problems for law enforcement. In looking through the Department of Justice studies a motel is very different from a hotel. Units with external entries are much more prone to abuse of various types. Hotels controlled through a central lobby and corridor system were not an issue in the Department of Justice studies. Staff would like to see hotels allowed in the 1-1 and 1-2 zone districts, the MU-B-1 zone district, which is downtown next to the proposed Cultural Arts Center and the R-3-B zone district, which is the area around the medical centers. The General Iron Works land is located in an 1-2 zone district next to the proposed Bates Sta- tion . In summary, a new definition would be added for an extended stay type hotel. Mr. Graham said he would like to hold a Public Hearing on January 8, 2008 on the different definitions and propose they be added to the zone districts discussed tonight. Mr. Welker said he felt the Commission needed more discussion about what they are , where they are, and where the other zone districts extend that may not be appropriate for this use. Ms. Langon said the changes would affect all zone districts but the residential zone districts . Mr. Welker asked if Staff was looking at an overlay district. Ms. Langon said no, the changes would become a use by rights. Mr. Graham noted that he had discussed the changes with John Voboril and he said there was support in the medical center study for a hotel facility in the medical center area . Mr. Graham said motels and hotels were previously allowed because the structure of the zoning ordinance was different. It used to be cumulative. If a use was allowed in B-2 it was allowed in 1-1 and 1-2. Before February of 2004 hotel and motels were in fact permitted in those districts . With the change in the UDC the Ordinance is no longer cumulative. Instead it needs to show in the Code as a permitted use. Staff is asking for it to be added back as a permitted use in districts where it has appeared in the past. Mr. Graham said on Santa Fe between Rob Roy Road and Highway 285 is the Embrey apartment project in Sheridan that is about to begin development. There will be 316 high- end apartments . Part of Embrey 's deal was to landscape the COOT right-of-way. Council has asked Staff to get as much revenue generating development as possible along this frontage. The London Motel and a parcel north of it are also on the table. COOT has in- formed Staff they will give the City the same option, right-of-first-refusal , on the parcel be- tween Mary Roy Road and the London Motel. That property will be more attractive once you have development on the property on the north side of Mary Roy Road with, in this case, a 120 room extended stay hotel. There is also another lot in the area that is being of- fered for sale by Legend Real Estate Group. Mr. Graham suggested the northeast corner, southeast corner, and northwest corner of Broadway and Highway 285 should be addressed because the Flood Middle School prop- erty is slated for redevelopment. 3 • • Mr. Bleile asked if Staff knew of anyone that is interested in the Flood Middle School prop- erty. Mr. Graham said Swinerton had approached him at a meeting. They are the develop- ers of the Four Seasons hotels. The Commissioners said they felt they were getting only a brief look at the proposed changes before going to a public hearing . Mr. Bleile said he would be more inclined if the changes were limited to expanding into the 1-1 zone district only at this time. He felt the other zone districts warrant a closer look. Staff had discussed that possibility . Mr. Graham offered to provide copies of the hotel study done by Horwath Hospitality to all Commis- sioners for their review. Mr. Bleile asked if there are plans for a hotel in the Sheridan project. Mr. Graham said there are no plans for a hotel in that project. Mr. Welker said for years the City could foresee having hotels in the City 's Comp Plan. He said he was hesitant to go forward with everything proposed, but had no problem allowing hotels in the 1-1 zone district. He felt more time was needed to look at the other zone dis- tricts where the changes could be made and the definitions. After discussion it was decided to go forward with the change in the 1-1 zone district only at this time and in the near future look to the other zone districts. Mr. Graham will provide documentation for the Commission to review prior to the public hearing on January 8, 2008 . IV. MINIMUM FLOOR AREA Ms . Langon said tonight's discussion is a follow-up to a discussion last month on minimum floor area in residential units in the various multi-unit districts. The Commission had asked what the minimum was that the Building Code would allow and what do other jurisdictions allow. Earlier this year the City adopted the 2006 International Building Codes (IBC). There are two areas of the Code that address the issue: R304.1 Minimum Area and 404.6 Effi- ciency Unit., which is part of the International Property Maintenance Code. Ms. Langon said the IBC would allow a 2 occupant efficiency unit at a minimum of 220 square feet plus a kitchen area plus a bathroom. Easily the entire unit could be 300 square feet or less. The Commission reviewed information on twelve different municipalities and as to whether or not they have minimum residential floor area standards within zoning regulations. Ap- proximately three-quarters of the surveyed communities do not have minimum floor area requirements. In Englewood the maximum number of units allowed on a property is governed by the lot width and the size of the property. The size of the unit does not matter as long as all other • code requirements are met. Mr. Welker said he felt comfortable removing minimum standards . Mr. Bleile agreed. 4 • • Ms. Langon said Staff's recommendation is that it be removed from the table. She asked if they wanted it removed from all zone districts or just those that allow multi-units. Mr. Ca- londar felt it should be removed from all districts . He felt the market should determine what is built. Mr. Brick said he would feel more comfortable if the R-1 districts were not included. Discussion ensued . Ms. Langon asked for a consensus . Mr. Calonder moved to remove the restrictions from all districts . Mr. Welker seconded. All members agreed . V. PUBLIC FORUM Mr. Abell stated he is a law student at CU and was attending the meeting to observe . He said the Commission brought up a lot of topics that he had studied in his land use planning class. Mr. King said he was a builder and attended merely to observe. He asked if it was possible to grant a variance to build the hotel. Ms. Reid said Englewood does not have use vari- ances. Mr. Graham said zoning is supposed to be a legislative act and a variance is a quasi- judicial act. You should not use a quasi-judicial act to accomplish something that is sup- posed to be done legislatively . Mr. Bleile asked what the difference between legislative and quasi-judicial is . Mr. Langon said both can require public hearings, quasi-judicial definitely has a public hearing and is specific to a property and has specific facts. Legislative is the broader based of the two. VI. DIRECTOR'S CHOICE Senior Planner Langon provided an update on upcoming meetings: • December 13 th -Meeting cancelled • January 3 th -Public Hearing on hotel amendments • January 23 rd -Study Session Ms. Langon noted the January meetings will not be held on the usual days . The first meet- ing will be on the second Tuesday, January 3 th due to the New Year holiday. The second meeting will be on Wednesday, January 23 rd due to the Martin Luther King, Jr . holiday on the 21 st . She asked all members to make note of the changes on their calendars . Ms. Langon wished all the Commissioners happy holidays. VII. STAFF'S CHOICE • Staff had nothing further to report. 5 • • • VIII . ATTORNEY 'S CHOICE Ms. Reid had nothing further to report. IX . COMMISSIONERS CHOICE Mr. Welker asked if Staff had the 2008 calendars yet. Ms. Reid noted the calendars were late going to print. They will be distributed when the arrive. Ms. Krieger welcomed Chair Roth back. He has been absent for several meetings due to illness. The meeting adjourned at 8:12 . 6