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HomeMy WebLinkAbout2002-08-06 PZC MINUTES• CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION • • August 6, 2002 I. 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, Chairman Waggoner presiding. Present: Absent: Staff Present: Krieger, Lathrarn, Mueller, Roth , Schum, Welker, Willis, Waggoner Parks (no previous notice given) Senior Planner Langon Assistant City Attorney Reid II. APPROVAL OF MINUTES July 9 , 2002 July 16 , 2002 Chairman Waggoner stated that Minutes of the July 9, 2002 Study Session are to be con- sidered for approval. Krieger moved: Welker seconded: The Minutes of July 9 , 2002 be approved as written. AYES: NAYS: Mueller, Roth, Welker, Krieger, Lathram, Waggoner None ABSTAIN : Schum ABSENT : Parks, Willis The motion carried. Chairman Waggoner stated that the Minutes of the July 16, 2002 regular meeting are to be considered for approval. Schum moved: Krieger seconded: The Minutes of July 16, 2002 be approved as written. Mr . Waggoner stated that he recollected that massage therapy as a Home Occupation was to be permitted in R-1-C , R-2 , R-2-C, R-3, and R-4 zone districts , but not in the R-1-B. Other members of the Commission and staff stated that the motion to allow massage therapy as a Home Occupation did include the R-1-B Zone District also . The vote was called: H:\Group\boards\plancom\minutes\minutes2002\pcm 08-06-02 1 • • • AYES: NAYS : Lathram, Mueller, Roth, Schum, Welker, Krieger, Waggoner None ABSTAIN: None ABSENT: Parks, Willis The motion carried. III. UNIVERSITY HOMES Planned Unit Development 3055 South University Boulevard CASE #PUD 2002-01 Chairman Waggoner stated that the request before the Commission is to consider an ap- plication from University Homes for a Planned Unit Development at 3055 South Univer- sity Boulevard. Krieger moved: Schum seconded: The Public Hearing on Case #PUD 2002-01 be opened. AYES: NAYS: ABSTAIN: ABSENT: Roth , Schum, Welker, Krieger, Lathram, Mueller, Waggoner None None Parks, Willis The motion carried. Mr . Waggoner noted that the staff has requested continuation of this Public Hearing until August 20, 2002. He asked if staff had comments they wished to make. Ms. Langon addressed the Commission, and stated that in conjunction with the PUD, a major subdivision on the property at 3055 South University Boulevard must also be con- sidered. The platting information is not totally prepared and it seemed appropriate to take both issues through the Hearing process at the same time. City Attorney Brotzman sug- gested that the public hearing on the PUD be continued to August 20 to allow finalization of the proposed platting process , and that the Commission consider both issues at the same time . Ms. Langon emphasized that it is the goal of the applicant and of staff to have all documents ready for public hearing on August 20 , 2002. Welker moved: Schum seconded: The Public Hearing on Case #PUD 2002-01 be continued to Au- gust 20, 2002. AYES : NAYS : ABSTAIN: ABSENT: Roth , Schum, Welker, Krieger, Lathram , Mueller, Waggoner None None Willis, Parks H:\Group \boards \plancom\minuces \minuces2002\pcm 08-06-02 2 • The motion carried. • • IV. CONDITIONAL USE Table Steaks South CASE #CU 2002-01 101 West Floyd A venue Chairman Waggoner asked that the Public Hearing on the Conditional Use be opened. Lathram moved: Mueller seconded: The Public Hearing on Case #CU 2002-01 be opened. AYES: NAYS: Schum, Welker, Krieger, Lathram, Mueller, Roth, Waggoner None ABSTAIN: None ABSENT: Willis , Parks The motion carried. Chairman Waggoner asked that staff present the case. Senior Planner Langon was sworn in. Ms. Langon stated that the proposal before the Commission is to allow an amusement establishment in conjunction with a steak house on the property at 101 West Floyd A venue. The applicant is Mr. Frank Burgess. The amusement establishment will be comprised of billiard tables and video games . Restau- rants are a permitted use in the B-1 Zone District, but amusement establishments require approval by the Planning Commission as a Conditional Use on a site-by-site basis. Ms . Langon asked that the staff report, proof of posting, and proof of publication of the No- tice of Hearing be included in the record of the Hearing. Ms. Langon stated that Com- munity Development staff recommends granting approval of the amusement establish- ment as a Conditional Use at 101 West Floyd Avenue, with the following conditions: 1. A shared parking agreement providing for a minimum of 38 additional park- ing spaces be recorded against both properties prior to issuance of a final building Certificate of Occupancy. 2. The patio area be enclosed with glass panels by no later than 12 midnight to ensure quiet neighborhood enjoyment. 3. Truck delivery may not occur between the hours of 10 pm and 7 am. 4. Delivery area be screened from public view by a six-foot solid fence. 5. Any new exterior lighting be directed down and contained within property lines. 6. Any new trash dumpster, whether on or off-site, be screened from public view by a six foot solid fence . Mr. Willis entered the meeting during Ms . Langon's recitation of the suggested condi- tions , and took his chair with the Commission. H:\Group\boards\plancom\minutes\minutes2002\pcm 08-06..02 3 • • • Ms . Langon stated that the charge to the Planning Commission is to conduct a public hearing on the request , determine whether the request meets the requirements of the Con- ditional Use section of the Englewood Municipal Code, and prepare Findings of Fact ac- cordingly . Ms . Langon reiterated that restaurants are a permitted use in the B-1 Zone District; amusement establishments may be permitted if Conditional Use approval is granted by the Commission . There are presently two amusement establishments nearby, one being Funtastic Fun at Dartmouth and Broadway, and the second being the Sport Bowl at 3295 South Broadway. The subject site is 1.2 acres in size , addressed as 101 West Floyd Ave- nue. Adjacent properties on the east of the subject site are zoned B-2, Business . Proper- ties adjacent on the south and west are zoned B-1 Business . North of the subject site , the west face of South Acoma Street includes a multi-unit residential use ; two South Ban- nock Street properties abutting the subject site are zoned B-1, and one is developed for business use and the second is a parking lot. The remainder of the South Bannock Street block is zoned R-2, Medium Density Residence. The 1.2-acre site contains one 18 ,296 square foot building and a paved parking lot. There is no landscaping on the site . The structure was built in the early 1950 's as a grocery store . In recent years, the S a lvation Army has used the property as a donation drop-off center and thrift shop. The building has been vacant for approximately 18 months , and the property is marketed by the Salvation Army. The proposed Table Steaks South rede- velopment will combine restaurant facilities with a billiards/video game area. Approxi- mately 1/3 of the building will be used for kitchen and restaurant facilities , and 2/3 of the structure devoted to the amusement facilities -billiard tables and video games. The re- development will entail extensive renovation to the fai;ade of the building . There are plans to provide an outdoor patio eating area , which may be enclosed by glass doors in late evening hours . Landscaping and an improved, reconfigured parking lot are pro- posed. The parking lot currently has 62 parking spaces that must be retained ; Table Steaks South proposes a parking agreement with the property owner of the South Ban- nock Street parking lot , which would provide an additional 38 off-street parking spaces. This parking agreement will be recorded against both properties . The proposal was reviewed by the Development Review Team, and concerns were ex- pressed regarding screening of all dumpster and delivery areas from the public; lighting of the parking areas should not extend beyond the property line, and noise created by the patio area proposed along Floyd A venue . Time restrictions on deliveries are also sug- gested to mitigate noise for nearby residential uses . Ms. Langon briefly discussed the proposed landscaping , pointing out that size of some plant materials are smaller than re- quired by the Ordinance, but staff determined that the applicant is attempting to meet the intent of the Ordinance , and the proposed landscaping is a great improvement from the existing barren parking lot. Ms . Langon briefly reviewed the Conditional Use requirements that must be considered by the Commission in review of any Conditional Use approval request. She asked if the Commission had questions of her. H:\Group\boards\plancom\minutes\minutes2002\pcm 08-06-02 4 • • • Mr. Waggoner asked about the size of the parking stalls, noting it seemed some of them were smaller than required by Code. Ms. Langon stated that some spaces are sized to ac- commodate compact vehicles; others are sized to accommodate full-sized vehicles. Ms. Lathram asked what ratio of compact spaces vs. full sized spaces is permitted. Ms . Lan- gon stated that 35% of a parking lot may be sized for compact vehicles. She noted that with the size of today's vehicles, staff would prefer that all spaces be for full-sized vehi- cles , but the Ordinance does allow compact spaces. Ms. Lathram asked for clarification of abutting property use . Ms. Langon stated that property to the north is zoned for B-1, but is developed with multi-family units. Ms. Langon discussed the slight topographical difference between the subject site and abutting sites. Mr . Welker stated that this is a poorl y maintained site/parking lot at the present time , and he is concerned about the adjacent properties . Any use that will be open late at night will subject adjoining/adjacent propertie s to car lights, as well as noise . Is there an ything in the Code that will protect adjoining properties . Will screening be required to shield ad- joining/adjacent properties from he adlights. Ms. Langon stated that screening provisions are in the Code , the Commission may want to impose more stringent requirements than presently exist. Mr . Roth asked wh y the hour of midnight was chosen to enclose the outdoor patio. How is the patio separated from the arc ade/amusement area. Ms. Langon stated that the mid- night hour is a compromise -10 p .m. seemed too earl y, but 2 a.m . is too late and could imp act the peace of the neighborhood. Ms . Langon pointed out that B-1 Zone District does allow 24-hour/day establishments. Mr . Roth pointed out that there is a "flat wall " across the street to the south , which w i ll deflect sound wav es back to the north. He stated that "re velers " will be at the establishment late at night. Ms . Lathram asked about lighting and signage . Mr . Schum noted the plans do not indi- cate any signage on the e ast side of the building . Ms. Langon stated that signage is pro- posed on the south and west faces of the structure. Ms. Lathram asked what size of tree a 2 .5 caliper is -is this acceptable over the 3 caliper cited in the Ordinance. Ms. Langon stated that the applicant is proposing more than the minimum required landscaping , so staff opted to accept the slightly smaller size . Mr . Kim Seter was sworn in. He testified that the conditions suggested by staff are ac- ceptable to the applicant. Mr. Seter stated that Mr. Frank Burgess owns three other res- taurant/amusement establishments -Table Steaks West in Arvada , Table Steaks East in Aurora, and an establishment in Colorado Springs . Mr . Serer asked that the Commission approve the requested Conditional Use as recommended by staff. He then introduced Mr. Steve Ward . H:\Group\boards\planc om\minutes\minutes2002\pc m 08-06-02 5 • • • Mr. Ward was sworn in. Mr. Ward presented schematic renderings of improvements proposed to the structure. These improvements include "retractable windows" on the Floyd A venue frontage to be lowered across the patio area at midnight and during in- clement weather. Patterned concrete and decorative ironwork similar to that used on the Broadway improvements are also proposed. The existing fac;ade will be removed to the structural girders, and a colonnade-effect created. Pedestrian entrance will be from the west face of the building. He pointed out that the applicant wants to open the visual im- pact of the structure on the Acoma/Floyd street side. New six foot high fencing or screening will be provided along the north edge of the site , and along the parking area. There are two existing light poles, and new light fixtures similar to those used in the South Broadway improvements will be installed. Lighting will be directed downward, and will not impact adjacent properties. More landscaping materials than required have been proposed. Mr. Welker asked if Mr. Ward would indicate the location of the kitchen/restaurant facili- ties and the billiards/arcade area. Mr. Ward stated that the kitchen/restaurant facilities will be on the north end of the building , adjacent to an arcade room for children; the pool- room/billiard room will be to the south end. Mr. Ward emphasized that this will be a family-oriented establishment -not a bar/night club facility. Mr. Welker asked about lighting for signs. Mr. Ward stated that general illumination will be used to "wash light" the building, and individual signage letters would be backlit. Signs will face the south and west. Mr. Welker asked about new lighting between the existing parking lot and the adjacent lots. He is concerned for safety of patrons of Table Steaks South and of neighborhood citizens. Mr. Ward stated that in his opinion, the existing lighting will provide adequate protection. He stated that the applicant team will work with staff on issues such as pole height , bulb wattage, etc . Mr. Ward stated that Mr. Welker's concerns are very valid; as the business grows, it may become necessary to provide additional lighting to and in the adjacent parking lot. Ms. Lathram asked about neighborhood notification . Mr. Ward stated that no neighbor- hood meetings were held; the property was posted setting forth the date, location, and time of the Public Hearing. Mr. Waggoner asked about roadway fumes , dust , and noise and the impact it may have on the patio area along Floyd A venue. Mr. Ward stated that the applicant team is consid- ering ways to address these issues. He stated that there is exposure on the west side of the building as well, but they shouldn't have as much of a problem in that area. Mr. Ward reit_erated his previous discussion on removal of the existing fac;ade down to the column structures. Mr. Schum voiced concern about safety provisions for customers using the patio area, cit- ing the possibility of out of control vehicles crossing the curb into the patio area. H:\Grouplboards\plancom\minutes\minutes2002\pcm 08-06-02 6 • • • Mr. Willis stated he understood that more landscaping is being provided than is required by Code. He inquired whether some of the interior landscaping might be reduced to achieve more on-site parking in the main parking lot. Mr. Willis cited the scarcity of parking in the business district. Discussion ensued. Mr. Ward discussed the circulation patterns proposed in the parking lot, noting the improvement of the proposed circulation over the existing movement. . Mr. Welker asked if there was any provision for bicycle racks. He stated that he could envision young people riding bikes to play video games, or shoot pool. They need a place to lock their bicycles. Mr. Ward stated that this is a very good suggestion; he sug- gested there might be an opportunity to have a bike rack in the center island, or possibly on the extreme southwest corner of the building. Mr. Welker asked about hours of operation. Mr. Ward stated that Table Steaks South will stay open until 2 a.m. on an initial basis. Other Table Steaks facilities are open 24 hours a day, and it is possible that this establishment may also go to 24 hours/day in the future. Mr. Willis asked about the food served and pricing. Mr . Ward stated that it is a steak house -steaks, chops, hamburgers, a varied menu -and mid-range pricing. Mr. Schum asked if there would be billiard/pool tournaments held at the establishment. Such activities could compound a parking problem. Mr. Ward acknowledged there will be some tournaments; other Table Steaks establishments hold tournaments. Mr. Waggoner inquired about the fencing. Mr. Ward stated that some of the fencing will be in similar style to the ironwork used along South Broadway. He also noted the areas of patterned concrete on the west and south sides of the building. There is a separate point of access to the proposed shared parking lot. Mr. Ward stated that the applicants want to encourage as much foot traffic on the subject property as possible, and have pro- posed a "pedestrian corridor" at the southwest corner of the site. The same curb cuts will be retained. No special traffic studies were done on the site in relation to the proposed use; they anticipate no negative impact. Mr . Welker asked if consideration has been given to a change in signage location to make the use more visible from Broadway. Mr. Ward responded negatively. Mr. Ward stated that they will use a "wash" of lighting on the building, and want to tie the redeveloped building more closely to the entire redeveloped area of Englewood. Ms. Mueller pointed out that the eastern fa;ade of the building is bad; this is what the Broadway traffic sees -a blank wall. It adds no character to what we are striving to achieve in the downtown area. She asked if there is a possibility of doing something dif- ferent in painting -adding color to attract the eye , and to breakup the "warehouse ap- pearance" of the long, blank wall. Mr. Ward further discussed the proposed treatment of the southeast comer of the building, and the possibility of extending this treatment further around the comer to the east side of the building. H:\Group\boards\plancom\minutes\minutes2002\pcm 08-06-02 7 • Chairman Waggoner asked if there were m0re questions from the Commission. • • Mr. Schum stated he would like to have more information on tournaments and other spe- cial activities that could create a great deal of traffic. Mr. Frank Burgess was sworn in . He stated that there is a tournament held every Sunday at Table Steaks West; 16 players participate. They hold "open tournaments" perhaps once a year. Mr. Burgess thanked the Commission for proposing bicycle racks; this is a very good proposal . He stated that he thinks the landscaping proposal will do much to improve the appearance of the parking lot, and that the renovation of the building fa~ade will make it much more attractive . Mr. Burgess acknowledged that financing may dictate just how much renovation can be done to the structure . Chairman Waggoner inquired about the billiards tables -what type of games will the es- tablishment have. Mr. Burgess discussed the tables they will have -tables will be by Brunswick. Mr. Burgess also discussed a software package they have developed that keeps track of scores and game rates -if someone wishes to take a meal break before a game is over, this software will have the score and the rate charged when the game be- gan . Mr. Willis asked about youngsters frequenting the amusement establishment. Mr. Bur- gess stated that youngsters will be "guests" and will be watched while on the premises . He stated that they do not want kids hanging around and loitering . Chairman Waggoner asked if anyone else wished to speak in favor . No one else spoke in favor. Chairman Waggoner asked if anyone wished to speak in opposition. James Naron, 4040 South Fox Street, was sworn in. Mr. Naron stated that he is pastor of the Assembly of God Church at East Oxford A venue and South Lincoln Street. Pastor Naron stated that he has worked in this community for 14 years, and stated that his ap- pearance and statement is a "conflict of interest" -his church had been interested in ac- quiring the building from the Salvation Army, but could not get sufficient financing. He stated that the Church he serves is about 50 years old; they have 25 parking spaces to serve a 150 to 200-member congregation. Pastor Naron discussed changes that have oc- curred in the immediate neighborhood of the Church and their parking area is now in- fringed upon by other uses. Pastor Naron stated that he is concerned about the proposed use of 101 West Floyd A venue as a possible 24-hour/day entertainment/amusement cen- ter. He pointed out that children should not be allowed out late at night. If this amuse- ment est0:blishment goes to the 24-hour/day operation, the community will see a change of character and experience more problems with youth. Pastor Naron stated that alcohol may be served at any time in this amusement establishment. He stated that on his way to the meeting this evening, he saw a block party that had about 20 kids in the street; these youngsters may in future not participate in the block parties but rather frequent the pool hall and video arcade. Pastor Naron stated that he can't really say he is in "opposition", H:\Grouplboards\plancom\minutes\minutes2002\pcm 08-06-02 8 • but he does have a variety of concerns regarding the proposal. He stated that he hoped the project goes well and will be well done. • • Chairman Waggoner asked if anyone else wished to speak. Senior Planner Langon asked to address the Commission again. Ms. Langon stated that if the Commission does approve the request for Conditional Use, and if any violations oc- cur to any of the conditions that may be imposed, the Conditional Use approval may be revoked by action of the Commission. Ms. Langon also pointed out that allowing sale of alcoholic beverages on the premises is under the authority of the Englewood Liquor Board. The applicant has not applied for a license, and chose not to do so until they de- termined whether the Planning Commission would approve the Conditional Use request. Ms. Langon stated that she understood the Commission's concerns, in addition to condi- tions suggested in the staff report, include: 1. Screening of the north , adjacent parking lot, shall be imposed to shield the residential uses from vehicular lights. 2 . Lighting of the parking lots shall be provided; said lighting to be shielded and focused downward to not impact adjacent/adjoining properties. 3 . 4 . Bicycle racks shall be required . The east building far;ade shall receive some treatment to mitigate the current dull appearance . Ms. Lathram asked what dictates the hours of operation. Ms . Langon stated that the site is in the B-1 Zone District; no restrictions are imposed on businesses in this district. Ms. Reid noted that there may be some restrictions on sale of alcohol that are imposed by ei- ther State or City, or both. She stated that she will check into this. Ms . Langon stated that alcohol may not be served between 2 a.m. and 7 a.m. Ms. Reid noted that there is a curfew law for minors out by themselves; if a child is ac- companied by a parent, there is no time restriction. Mr. Schum asked whether a condition can be placed on the approval requiring the adja- cent parking lot to improved and maintained. Can the Commission be assured it will be upgraded. Ms. Langon suggested that this be included as a condition of approval, and the maintenance requirements could be written into the parking agreement. Mr. Welker agreed this parking lot needs to be upgraded. Brief discussion ensued. Schum moved: Willis seconded: The Public Hearing on Case #CU 2002-0 l be closed. AYES: NAYS: ABSTAIN: ABSENT: Welker, Willis, Krieger, Lathram, Mueller, Roth, Schum, Waggoner None None Parks H:\Group\boards\plancom\minutes\minutes2002\pcm 08-06-02 9 • The motion carried. • • Chairman Waggoner asked the pleasure of the Commission. Ms. Krieger stated that as a point of information, she had recently been to the Table Steaks East in Aurora; the food was good, it was a very nice establishment, well man- aged, and well lighted. Mr. Willis stated that he thinks the proposal is a good idea, but again advocated that something needs to be done with the main parking lot; the interior landscaping provides a "cluttered" appearance, and parking is scarce in the business district. If, by removing some of the interior landscaping, additional parking spaces can be achieved, he felt it should be considered. Ms. Mueller pointed out that there are other parking lots available in close proximity to 101 West Floyd Avenue that are not filled to capacity, and that pa- trons could park on those sites if needed. She pointed out that only two spaces would be gained, at maximum, if interior landscaping were to be redesigned or removed. Mr. Schum stated that he felt the main parking lot will not be a big problem; he did think that the additional parking area north on Bannock does need to be improved and maintained. Welker moved: Schum seconded: The Planning Commission approve Case #CU 2002-01, granting Conditional Use approval for Table Steaks South at 101 West Floyd A venue, with the following conditions: 1. A shared parking agreement providing for a minimum of 38 additional park- ing spaces shall be recorded against both properties prior to issuance of a final building Certificate of Occupancy. 2. The patio area shall be enclosed with glass panels by no later than 12 midnight to ensure quiet neighborhood enjoyment. 3. Truck delivery may not occur between the hours of 10 pm and 7 am. 4. Delivery area shall be screened from public view by a six-foot high solid fence. 5. Any new exterior lighting shall be directed down and contained within prop- erty lines. 6. Any new trash dumpster, whether on or off-site, shall be screened from public view by a six foot solid fence. 7. The off-site north parking lot shall be constructed to the same standards set for the on-site south parking area; said parking lot to have improved lighting, and that maintenance standards shall be written into the shared parking agreement. 8. Bicycle racks shall be installed in the south parking lot, preferably near the southwest comer of the building. 9. The east far;ade of the building shall be visually improved to mitigate the dull, warehouse-appearance . Discussion ensued. Ms. Langon pointed out that this is not a Planned Unit Development, but a request for Conditional Use approval of the amusement facilities. The applicant H:\Group\boardslplancomlminu1eslminu1es20021pcm 08-06-02 10 • must still comply with all other B-1 Zone District requirements . There is not the flexibil- ity in Conditional Use consideration that the PUD has. Ms . Reid discussed the difference between Planned Unit Development and Conditional Use considerations by the Commis- sion. With a Conditional Use , the Commission may impose conditions on operation of the business, or improvement of appearance; they may not , however, vary requirements cited in the CZO. The only body that may vary requirements in the CZO is the Board of Adjustments and Appeals . • • Ms. Langon stated that the application does, in the opinion of the staff, meet the intent of the Conditional Use provisions . She suggested that the Commission may want to con- sider each requirement of the Conditional Use Section of the CZO to determine whether, in the collective opinion of the Commission, the application complies with the require- ments . Chairman Waggoner cited the following requirements : 1. 2 . 3. Uses Permitted. The use must be permitted as a Conditional Use in the zone district in which it is proposed to be located . The Conditional Use must be consistent with the intent of the Comprehensive Plan and the policies therein. The relationship of the Conditional Use to its surrounding area shall be con- sidered in order to minimize adverse effects to both the existing and future development indicated by the Comprehensive Zoning Ordinance , by traffic circulation , building height or bulk, lack of screening, or intrusions of privacy, noise , light, impact on housing, schools , public utilities , or governmental ser- vices . 4. The number of off-street parking spaces shall not be less than the require- ments of Section 16-5-5 of this Ordinance unless evidence presented to the Planning Commission would justify the reduction of off-street parking re- quirements . 5 . The Conditional Use shall meet all other applicable provisions of the Engle- wood Municipal Code. 6. Other factors which , in the opinion of the commission , will protect and pro- mote the health , safety , and welfare of the citizens . Ms. Lathram stated that concerns have been noted on hours of operation. Mr . Willis asked about access by delivery trucks . Ms . Krieger stated that delivery vehi- cles can access the site from South Acoma Street. Mr. Wel~er stated that he also has concerns regarding possible 24-hour/day operation, and the potential for problems. The Police Department will maintain order, but this may be something on which to raise a red flag. Ms. Krieger stated that the same will hold true for noise concerns -the Police Department will have to enforce the noise limitations . Mr. Willis stated that the applicant has done a lot research and work; it appears from the schematics displayed that they want to fit in with the CityCenter redevelopment. H:\Group\boards\plancom\minutes\minutes2002\pcm 08-06-02 11 • • • Mr. Schum stated that it appears the applicant is concerned about how they will be re- ceived in the neighborhood. Chairman Waggoner asked about regulations regarding pool/billiard halls and youthful patrons. Ms. Reid stated that to the best of her belief, all restrictions have been rescinded. However, were restrictions to be enacted in the future, Table Steaks South would have to comply. No member of the Commission found the application to be in non-compliance with the aforecited restrictions. The vote on the motion to approve was called: AYES : NAYS : ABSTAIN: ABSENT: Willis, Krieger, Lathram, Mueller, Roth, Schum, Welker, Waggoner None None Parks The motion carried. The applicant team was thanked for their attendance and presentation . v. PUBLIC FORmI No one was present to address the Commission. VI. DIRECTOR'S CHOICE Ms. Langon stated that "Curves for Women" is a new tenant in the CityCenter. Ms . Langon reported the hiring of Ms . Jennifer Guetschow, a temporary employee to provide assistance on the Uniform Development Code review. Ms. Langon also reported that Anthony Fruchtl, Planner I, will begin employment on August 12. Mr. Fruchtl is fill- ing the position vacated by Mr. Donnelly's resignation . Mr. Fruchtl will be doing devel- opment review, appearing before the Board of Adjustment & Appeals, and before the Planning Commission on cases. The Board and Commission appreciation evening is scheduled for August 26th in the Community Room. Festivities begin at 5:30 p.m . At the study session on August 13, Public Works Director Ken Ross and Ms. Wendy Gracy will be in attendance to discuss the transportation plan and the bicycle trail plan. VII. ATTORNEY'S CHOICE Ms. Reid said she had nothing to bring before the Commission . H:\Group\boards\plancom\minutes\minutes2002\pcm 08-06-02 12 • VIII. COMMISSIONER'S CHOICE • • Ms. Mueller stated that she attended the David Taylor Dance Club presentation at the Civic Center recently, and that it was an excellent presentation. Mr. Willis inquired about the fencing that has been constructed on the Englewood Hous- ing Authority development at East Girard A venue and South Sherman Street. He stated that he had asked some time ago how the fencing was permitted in setback. Ms. Langon stated that staff received a directive from the City Council through the City Manager that the fencing was to be approved at this site in the existing location of the fencing . Mr. Willis asked "then why are we here". Ms. Langon stated that the fence location is some- thing members might want to take up with the City Council. Mr. Welker stated that "it is not right to hold the feet of staff to the fire" when directives such as this are given. Mr. Willis stated that politics has dictated the location of that fence. Brief discussion ensued. Mr. Welker asked that someone look into storage of materials, garbage, etc. at the rear of 3560 South Lincoln Street. The business is Xcel Roofing, and they have piled construc- tion materials as well as trash in the rear of this property. He stated that there are prob- lems with vagrants in the area. Ms . Krieger encouraged all members to subscribe to the Englewood Herald. She finds it a most informative newspaper, and stated that Mr. Munds does a very good job . Mr. Schum asked that the GIW/RTD personnel be directed to use the approved truck route to and from the site , which is South Fox Street -not South Galapago Street. He stated that he was pleased to see that the fencing along the Creek has been replaced. Ms . Mueller asked how Code Enforcement determines whom to ticket for weed and trash violations. Ms. Reid stated that she understood if someone registered a complaint about a property within a block, the entire block was reviewed. She also understood that there are area patrols, and that personnel are reassigned areas periodically. Ms . Lathram dis- cussed a problem they have had in their block, and was given to understand that enforce- ment is on a complaint-basis only. Mr. Roth stated that enforcement may differ depend- ing on the type of violation; weeds can be cited either by patrol or complaint; on other violations enforcement is by complaint only . Mr. Welker noted that this may be the practice, but questioned whether it is the policy . Ms. Reid noted that Code Enforcement is not in charge of parking issues anymore; this has been placed under the impact team jurisdiction . Mr. Willi_s noted that at a neighborhood watch meeting hosted at his home nearly one year ago, Officer Nancy Peterson made it very clear that response and citation is to a "complaint" . Ms. Mueller discussed a situation in her block; she has been trying to help care for the yard next door; however, she received a citation for weeds in back of her garage that H:\Group\boards\plancom\minutes\minutes2002\pcm 08 -06-02 13 • • • were barely six inches in height. Ms. Krieger noted that citations cannot be given to va- cant properties -but to those that are occupied. Mr. Welker spoke to the need for uni- form enforcement. Discussion ensued. Mr. Roth suggested that concerns can be taken to the Code Enforcement Commission. Brief discussion ensued. Ms. Lathram stated that she will be unable to attend the study session on August 13. The meeting was adjourned . H:\Group\boards\plancom\minutes\minutes2002\pcm 08-06-02 14