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HomeMy WebLinkAbout2002-04-16 PZC MINUTES• I. CllY OF ENGLEWOOD PLANNING AND ZONING COMMISSION April 16, 2002 CALL TO ORDER The regular meeting of the City Planning & Zoning Commission was called to order at 7:00 p.m. in the Community Development Conference Room in the Englewood Civic Center. Chairman Waggoner presided . Present: Absent: Staff: Krieger, Parks, Roth, Schum, Willis, Waggoner Simpson, Ex-officio Lathram , Mueller, Welker (all members gave prior notice of absence) Tricia Langon, Senior Planner Nancy Reid, Assistant City Attorney II. APPROVAL OF MINUTES March 19, 2002 Chairman Waggoner stated that the Minutes of March 19, 2002 are to be considered for • approval. • Willis moved : Roth seconded: The Minutes of March 19, 2002 be approved as written. AYES: NAYS: ABSTAIN: ABSENT : Parks, Roth, Schum , Willis, Krieger, Waggoner None None Lathram , Mueller, Welker The motion carried. Ill. UNIFIED DEVELOPMENT CODE Ms. Langon stated that the Unified Development Code (UDC) is a rewrite, clarification, ed- iting and combination of the Comprehensive Zoning Ordinance (CZO), Subdivision Regu- lations, and policies and historical procedures into one document. She distributed an over- view outline of the UDC process to the Commission. Ms. Langon stated that while staff has concentrated on the UDC rewrite and edit, the work has not progressed as rapidly as had been anticipated. City Council has proposed a six-month moratorium on new residential development in northwest Englewood, and has directed that staff increase time spent on the UDC to accomplish the rewrite, editing and clarification of key portions to coincide with the expiration of the moratorium. H:IGROUl'IBOAJlDS\PLANCOMM\Minutcs\M inutcs 2002\PCM 04-16-02.doc • • • Ms. Langon stated that the last major revision of the Comprehensive Zoning Ordinance was in 1985, with piece-meal revisions occurring periodically since then. There are many inconsistencies in the existing code -conflicts in provisions from one section to another, or conflicts with other sections of the Municipal Code. These conflicting sections make it ex- tremely difficult to interpret the regulations and enforce the provisions. The existing CZO ls not "user friendly", has not kept pace with community changes, and does not reflect cur- rent development procedures. The existing CZO provisions are archaic and cumbersome, and are a stumbling block to new development. Ms. Langon further cited problems with the existing CZO, specifically a recent issue regarding sale of firearms from a mobile home because the mobile home development is located within the Industrial Zone District, and not within a residential zone district. This was brought to the attention of staff by a mem- ber of the ATF. Mr. Waggoner asked how the new UDC would be of help in the northwest Englewood area. He suggested that there must have been something occurring in the northwest Englewood area that was of sufficient concern to cause imposition of the moratorium. Ms. Langon suggested that the issue in northwest Englewood is closely related to design stan- dards. Provisions can be written into the code to stipulate where garages or accessory buildings must be located on a lot -homes with garages on the front of the house may not be allowed. She stated that a resident expressed concern on the development of some new houses, but upon inspection by staff these houses do meet requirements of the exist- ing code. Ms. Langon reviewed the UDC Overview noting that "essential" sections will be addressed first; these include "Districts", "Uses", "Development Standards", "Enforcement", and "Oth- ers as identified". She stated that while the initial hope of staff had been to bring the entire UDC forward for consideration at one time, the new approach will have to be followed to comply with the City Council directive. Ms. Langon noted that sections of the CZO regard- ing Signs, Telecommunications, Landscaping, and Home Occupations are important and need to be addressed, but are not critical at this point and can be addressed after essential elements have been rewritten and clarified. Ms. Langon stated that once the "core chapters" (districts, uses, development standards) have been rewritten, general provisions, procedures, subdivision, nonconformance, en- forcement, definitions and "incentives" will be addressed. Ms. Langon stated that "incen- tives" will be a new provision in the UDC. Ms. Langon stated that discussions at this point will focus on concepts and policies rather than detail. She reiterated that the goal is to de- velop a UDC that is simple, usable, readable, and flexible. Ms. Langon pointed out that the existing code has no provision for "administrative review" -this provision will be suggested in the new UDC so that a property owner wanting to construct a garage encroaching three inches into the side setback, or build a porch encroaching six inches into the front setback, does not have to go before the Board of Adjustments and Appeals to request a variance. There would be a "limit" on the administrative review process, but the limitations have not yet been established. Ms. Langon discussed nonconforming use and building issues. H:IGROUl'\llOAJlDS\PLANCOMM\Minutcs\Minutes 2002\PCM 04-16--02.doc • • • Improvement of the community by updating and clarification of codes was discussed. Mr. Waggoner pointed out that there is a difference between providing assistance to a citizen and improving the community. Ms. Reid stated the UDC will be developed focused on im- proving the community. The Board of Adjustment will be available to provide assistance to individuals who may have a unique issue not addressed in the UDC. Ms. Langon stated that the UDC cannot, and will not, address every issue. Englewood is a 100 year old com- munity, with zoning that has been in place for the last sixty some years. The UDC will not reach 100% perfection in addressing all issues -there will have to be provisions to consider exceptions and variances. Ms. Langon discussed the zone districts, likening them to a pyramid with R-1-A, single-family residential, at the apex of the pyramid, and the 1-1 and 1-2 Industrial Districts forming the base. Staff is considering the reorder and renaming of some Districts. R-2 and R-2-C, for instance, are reversed in order of restriction at the present time. Ms. Langon discussed the possible renaming of the remaining zone districts to more accurately reflect existing mixed- use characteristics. A new MX-TSA Transit Station Area District will be proposed for areas such as the GIW /Bates LRT station, or around the Oxford LRT station. Special purpose dis- tricts would include the Planned Unit Development (PUD) and Flood Plain (FP) Overlay District. Staff is also considering the possible combination of the 1-1 and 1-2 zone districts into one district. Mr. Simpson stated that the possible combination of the industrial districts into one may be rather controversial, and some 1-2 property owners make take exception to the proposal. Mr. Willis asked how this would affect zoning along the South Platte River. Mr. Simpson stated that we are not looking at "rezoning" within the context of developing the UDC. The UDC development is only a clarification of existing regulations and possible develop- ment of some new regulations. Discussion ensued . Mr. Willis asked how the UDC meshes with the Comprehensive Plan revisions Mr. Simp- son stated that ideally, the Comprehensive Plan revisions would be completed and ap- proved before the UDC was completed; the UDC is a tool to implement the Comprehen- sive Plan. Mr. Waggoner asked about existing uses that are heavy industrial in nature. Ms. Langon stated there is a car crusher, a hazardous waste transfer business, quarrying, and junk yards to mention a few. Mr. Schum asked about the waste transfer station on West Union Ave- nue. Staff stated that the waste transfer station on Union Avenue is in the 1-1 District, but there are no written regulations on what constitute a "waste transfer station" in the present ordinance. Discussion ensued. Ms. Reid discussed the issue of "taking" of property by eliminating an existing business as a permitted use, or changing regulations so that a property owner might suffer monetary damages as a result. Mr. Simpson also discussed the "taking" of property, advising the Commission that the issue of "taking" is very sensitive -we are dealing with private prop- erty owners, and the regulations must be very reasonably drafted, clear, and easily under- stood. H:\GROUP\BOARDS\PLANCOMM\Minutes\Minutes 2002\PCM 04-16--02 .doc • Mr. Simpson then briefly discussed "conditional uses" and "non-conforming uses". Mr. Willis posed a hypothetical issue: what if a car crusher is located along the river, and it is determined by the City that this is not an appropriate use; how will this be handled. Ms. Langon stated that the use could be "grandfathered" in when the regulations/designation is changed; it could be amortized out of use -cease operation in a given number of years; or it could be allowed with conditions imposed on the operation. Mr. Waggoner noted that the City has used the amortization provision in the past. Mr. Simpson agreed, and cited the issue of day-labor businesses -regulations were developed prohibiting day labor establishments in the business districts, or within a cited distance of a residential district. Day labor establishments are permitted in the industrial zone districts; those day labor establishments in the business district were given a period of time in which they had to relocate or be found in violation of the Ordinance. Mr. Waggoner recalled that an amortization provision had been imposed on non-conforming signage when new sign regulations were adopted a number of years ago. Mr. Simpson discussed commercial strip zoning along South Broadway, beginning in down- town Denver and extending to Highlands Ranch. He stated that he hoped to encourage development of more housing along Broadway above business establishments. There are also older, out-dated motels existing on South Broadway that could be redeveloped to pro- • vide new housing. Ms. Langon noted that the industrial districts do not now, with the exception of mobile home parks and an occasional caretaker unit, allow residential uses. Mr. Simpson stated that the staff and Commission will be working on the rewrite, clarifica- tion and editing of the UDC for the next six months; the adoption process -public hearings before both the Planning Commission and City Council -could require an additional four to five months to complete. Mr. Schum asked if this process will provide the opportunity to ensure that industrial zoning is not imposed next to residential districts. General discussion ensued. Mr. Willis expressed the desire to see how other cities have done a similar project. Mr. Simpson stated that Clarion Associates is guiding staff through this process, and they have done code updates throughout the country. Ms. Langon stated she is aware that Code up- dates in Mesa County were done by Clarion, and they also updated Codes for one of the suburban communities in the north Denver metro area. Ms. Langon also stated that Clarion has expressed a preference that the UDC comments from staff not be submitted to them on a piece-meal approach, but as one total package. She displayed the volume of the UDC draft that staff has been reviewing and editing. • Mr. Simpson stated that there is increased interest to develop quality standards for the community, and this is probably one impetus for the moratorium imposed on residential development in northwest Englewood. Residents and City Council have questioned the H:IGROUP\BOAllOS\PLANCOMM\MinuteslMinUlcS 2002\PCM 04-16-02.doc • quality of some of the housing that has been developed recently. By updating and clarify- ing regulations, we hope to raise development standards without seriously impacting the cost of housing. • • Ms. Langon stated that the next topic for discussion on the UDC will be focused on "uses" -lumping and splitting of uses. She cited the B-1 Zone District which currently enumerates something like 99 different uses -such as retail sale of shoes, retail sale of shirts, retail sale of appliances, etc. She suggested that such uses could be "lumped" as retail sale of apparel and accessories; retail sale of household goods, etc. rather than citing each and every item sold at retail. Ms. Langon stated that she is proposing "major categories", with possible de- tailed citations as sub-categories. Mr. Simpson stated that regulations for the TSA will be brought forward in May -probably at the second meeting (May 21 ). He anticipated that these regulations will be a topic of discussion at two study sessions before it is considered at Public Hearing. This district is new, will have design standards written in as part of the regulations, and will have to be ap- plied to the GIW site prior to commencement of development. Mr. Willis expressed the opinion that for the GIW redevelopment to be successful, it should also include redevelopment of the Winslow property north of Dartmouth Avenue. Mr. Simpson acknowledged that there have been discussions with the property owners, but emphasized that it is personal property and the owners may choose to not participate in the redevelopment project. Mr. Willis asked if it is still the intent to relocate the historic Englewood Depot. Mr. Simp- son stated that relocation of the Depot closer to the tracks is planned. Ms. Langon stated that discussion of the UDC will be placed on the agenda for the May 7th meeting; this is in addition to a Public Hearing on the Safeway Planned Unit Development; discussion of the Traffic Plan with Public Works Director Ross, discussion on the Multi-year Capital Plan, and discussion with the City's legal office regarding the updating of Boards and Commissions guidelines and requirements. IV. PUBLIC FORUM Chairman Waggoner asked the gentleman in the audience to introduce himself. Jim Goodrich stated that he lives at Bates and Logan, and conducts an equipment repair business, JD Sales & Service . He stated that he formerly did business in Denver, but be- cause of the graffiti and gang activity he relocated the business to Englewood. Mr. Good- rich stated that he is attending various board and commission meetings, as well as Council meetings, to find out what Englewood has to offer. Mr. Goodrich stated that he carries an electrical contractor license, has a work history with various codes, was on the committee that brought the GFI code to Colorado, and also served on a council for the Emily Griffith School. Mr. Goodrich stated that planning, zoning, and codes are very important subjects to him. He advised the Commission to listen to staff members regarding development of H:IGROUPIBOAllDSIPu.NCOMMIMinuu:s\Minutes 2002\PCM 04..16-02.doc • the UDC, and noted that "Clarion is in it to make money". He advised the Commission to look at what the staff members are doing -ignore personalities, but look at the jobs, and "give them a raise". V. DIRECTOR'S CHOICE A. Ms. Langon noted that a memorandum from Senior Manager Dannemiller providing an update on the proposed shuttle service was included in the packet. Mr. Willis expressed concern regarding RTD's determination to withdraw funding for the Shuttle service. Mr. Simpson discussed financial support that RTD is providing on the GIW redevelopment site, and that RTD has had to delay funding for some projects, and unfortu- nately, the shuttle is one of those projects. Mr. Simpson suggested that this is a "delay" in funding, and not a permanent cut of funding. B. Ms. Langon stated that City Council has requested that all Board and Commission members be approached regarding interest in serving on a "parade board", or volunteering to help during the actual parade . The new "parade board" will be an advisory committee, and will be appointed by City Council. If members would be interested in serving on the board, they need to contact the City Manager's Office to request an application. Ms. Reid stated that the advisory board and volunteer request is an effort to get more community • involvement in the parade activities each year. There will also be staff assistance. • C. Ms. Langon stated that in discussions she has had with members of the Commission, some members are dissatisfied with information they receive from staff. She stated she feels this needs to be discussed honestly and openly to help staff understand what the Commission is looking for. She quoted from one conversation that "the Commission will begin drilling staff'' for information . Ms. Langon reiterated that staff wants to more fully un- derstand just what the Commission is looking for so that their needs can be met. Mr. Simp- son agreed that staff wants to meet the needs of the Commission, but needs to have a bet- ter understanding just what the Commission wants. He suggested that if there are concerns on the part of Commissioners regarding information or the perceived lack thereof, to please call him. Mr. Simpson stated that staff has instituted the monthly "News Flash", which is forwarded to the board and commission members. There is also a monthly GIW update, as well as a quarterly housing survey, that can be forwarded to the Commission. Ms . Langon stated that staff has tried getting the packets delivered at least one day earlier, and the packet for this meeting was delivered on Wednesday, April 10 1h. Is this helpful to the Commission to provide more time to review materials? Ms. Langon also asked if Commissioner's who have e-mail addresses would share them with staff. That way, if im- portant information regarding upcoming meetings such as the traffic open house on April 11th, or the GIW open house planned for April 1 7m, is e-mailed to staff, it can be forwarded to the Commissioners. Ms . Langon referenced a news update that is done by the City H:IGROUPIBOARDS\PLANCOMMIMinwa\M inUICS 2002\PCM 04-16-02 .do<: 6 • • • Manager's Office, and e-mailed to all employees, that may contain information of interest to the Commission. Mr. Willis stated that the Commission has an obligation to plan and zone in the best inter- est of the City. He stated that he, for one, is very pleased to receive the monthly newslet- ter; he didn't really know all that Community Development staff was doing. Mr. Willis stated that in his opinion, the more information the Commission can receive, the better able they will be to meet their responsibility. Mr. Simpson stated that he places a lot of responsibility on his staff members, and that all staff members are working very hard . He asked that the Commission help him understand what they are seeking, and if they are not satisfied with information transmitted. Mr. Willis suggested that the "Commission is being put on the spot right now, and things will come out in time". Mr. Schum stated that he would like time to think about this issue. Mr. Willis stated he could cite an instance of dissatisfaction with staff and information, that being the "Housing Task Force" that was formed a couple of years ago to revise the Hous- ing element of the Comprehensive Plan. Mr. Willis stated that he and Ms. Krieger both were members of this Task Force. Mr. Graham was staff lead on the task force, which met only once. A new Housing element was written for the Plan, but the task force members did not have input on it, or write it. He stated that he tried to discuss the lack of meetings and input from the Task Force with Mr. Graham, and Mr. Graham responded that staff was busy with other projects . Mr. Simpson stated that he was unaware of this issue, and that if Mr. Willis and other task force members were unhappy with the rewritten Housing ele- ment, it can certainly be brought back for further consideration by the task force member- ship . Ms. Langon reiterated that if there is something that the staff is not providing to the Com- mission , please let her know. Ms. Langon stated that she brought the issue of the apparent Commission dissatisfaction forward because she does not want to see her relationship with the Commission become adversarial -she stated that she is willing to talk to anyone who has a concern, and wants to maintain a comfortable working relationship with the Commis- sion . D. Mr. Simpson stated that the Business & Redevelopment staff are starting a series of "business forums"; there will be 12 meetings of these groups, and membership is com- posed of Englewood business people. All recommendations coming from these groups will go directly to the Alliance for Commerce in Englewood (ACE). E. Mr. Simpson stated that staff is working on development of "infill properties". Ap- praisals are being done on the South Elati Street and South Acoma Street sites. Mr. Simp- son reported that there is a lot of interest in these sites, and he thought some proposals are being put together . F. Mr. Simpson stated that the City of Englewood owns two properties in northwest Englewood on West Wesley Avenue. There has been considerable discussion on possible H:IGROUPIBOARDSIPUNCOMM\Minuics\Minutcs 2002\PCM 04-1 6-02.doc • redevelopment of the sites with the City Council. The moratorium imposed by the City Council is on new development; accessory structures and remodeling of existing homes will still be permitted under the moratorium. • • G. Mr. Simpson reminded members of the GIW open house to be held April 17th in the Community Room, beginning at 6:30 p.m. This meeting will include presentations from staff, from The Fullerton Company, and by RTD. Mr. Simpson discussed the support that RTD is providing on the redevelopment of the site, including carrying the cost of property, demolition, and remediation and committing funds to the construction of the Bates transit station. H. Mr. Simpson stated that build-out continues on the CityCenter site. Gart's Sports Center, Petco , Dress for Less are all under construction, and should be open mid-summer. CityCenter directional signage should be installed in approximately one month. !:. Mr. Simpson reported receipt of a $31,000 grant from Colorado Heritage; these funds may be used for planning studies around the Oxford Station and the Englewood Sta- tion. 1 A transit-oriented development social hour is planned at Alexan I for April 24th at 5:00 p.m. The Chamber of Commerce is sponsoring the ''Taste of Englewood" on May 16th at the CityCenter. A tent talk will be held on June 13 here at CityCenter. The KEB Annual Golf Tournament is scheduled for June 10 1h. K. Mr. Simpson stated that two surveys are being done : the first is a Business Survey that has been mailed to all businesses in Englewood. The second is a housing survey, also mailed to all businesses and asking that the employees fill out the surveys on housing needs. L. Business attraction efforts were briefly discussed. Mr. Simpson stated that negotia- tions are on-going with firms that have expressed interest in locating in Englewood. He noted site location is a big issue with many firms. M. Mr. Waggoner noted that prior to the status change of Swedish Medical Center from public facility to private facility, they made payment-in-lieu of taxes. He asked a possi- ble payment-in-lieu of taxes has been discussed with RTD. Mr. Simpson stated that the is- sue has been briefly considered, but not pursued. He reiterated that RTD has agreed to carry cost of acquisition, demolition and remediation which provides great financial assis- tance to the City. N. Mr. Simpson noted that Mayor Bradshaw's father had passed away . 0. Ms. Langon stated that an acknowledgement from The Gideon's International for the Stockwell memorial contribution has been received, as well as a thank you from Mr. H:IGROUPIBOARDS\PLANCOMM\Minutcs\Minutcs 2002\PCM 04-16-02.doc • Stockwell's mother. Ms. Langon passed these thank-you cards around for the Commis- sion's perusal. • • VI. A lTORNEY'S CHOICE Ms. Reid briefly discussed the need to update codes pertaining to boards and commissions -memberships, terms, whether Council-liaison members are required or permitted -this information request should be to the Commission by mid-May. Brief discussion ensued. VII. COMMISSIONER'S CHOICE Mr. Waggoner noted the notification for the Colorado Municipal League annual conference that was included in the packet. He asked if funds are available to pay for attendance if members wish to go. Mr. Simpson stated that funds are available. Anyone wishing to at- tend should contact staff. Mr. Waggoner referenced a letter from Assistant City Manager Flaherty, asking for partici- pation in the Centennial Celebration for Englewood. There are three sub-committees that members may participate on: Finance, Program, and Legacy. Mr. Schum and Mr. Willis both indicated interest in the Legacy committee; however, staff was asked to find out how many meetings, time of day, and which day these meetings would be held prior to com- mitment from the members . The issue of e-mail addresses, and correspondence of members with each other was dis- cussed at length. Ms. Reid and Mr. Simpson both cautioned members regarding use of this form of communication, particularly as it relates to "cases" before the Commission. Mr. Schum stated that he lives at 3053 South Galapago Street, south of the GIW site. All the trucks involved in the demolition/clearance of the property travel the street in front of his house. The transportation plan documents that the Commission received in their packet indicates a new street to the GIW site, which will go right through his house. Mr. Schum stated that he plans to attend the open house on the GIW site on April 171h, and plans to speak. Mr. Schum stated that "RTD is very good at making public what they think you should know, but there is also a lot of information that should be out there that is not publi- cized." Mr. Schum stated that he will make it very clear that he is speaking as a concerned property owner, and not as a member of the Planning Commission. Mr. Schum stated that right now, he feels that he is pretty unbiased regarding the redevelopment of the GIW site, and acknowledged he will have to consider it more in the future. Mr. Willis asked how much developable land within Englewood is owned by the City. Mr. Simpson stated not very much is owned by the City, and cited the Elati Street property, and the Broadway/Acoma property owned by the City and by EURA. He will get this informa- tion together for Mr. Willis. Mr. Willis asked if it is possible to do land-swaps. Mr. Simpson stated that this can be done. Brief discussion ensued. H:IGROUP\BOARDS\PLANCOMM\Minutcs\Minutcs 2002\PCM 04-16-()2.doc • There was no further business brought before the Commission, and Mr. Waggoner de- clared the meeting adjourned. Ju~/~~ Gertrude G. Welty, Ricording s&r;ry • • H:IGROUPIBOARDS\PLANCOMM\MinUICllMinUICI 2002\PCM 04-16-02.doc: 10