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HomeMy WebLinkAbout2002-10-08 PZC MINUTES• • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION October 8, 2002 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 presid- ing. Present: Absent: Staff: Mueller, Diekmeier, Roth , Schum, Welker, Willis , Krieger, Lathram, Waggoner None Senior Planner Tricia Langon Planner I Anthony Fruchtl Assistant City Attorney Nancy Reid II. APROV AL OF MINUTES September 10 , 2002 September 17 , 2002 Chairman Waggoner stated that the Minutes of September 10, 2002 were to be considered for approval. Schum moved: Krieger seconded : The Minutes of September 10 , 2002 be approved as written. No corrections were offered. The vote was called : AYES : NAYS : ABSTAIN: ABSENT : Mueller, Diekmeier, Roth , Schum , Welker, Krieger, Waggoner None Willis Lath ram The motion carried. Chairman Waggoner stated that the Minutes of September 17 , 2002 were to be considered for approval. Schum moved: Krieger seconded: The Minutes of September 17 , 2002 be approved as written. No corrections were offered; the vote was called: AYES: NAYS: ABSTAIN: ABSENT: Roth , Schum, Willis , Krieger, Mueller, Diekmeier, Waggoner None Welker Lathram H:\GROUP\BOARDS\PLANCOMM\Minutes\Minutes 2002\PCM L0-08-02.doc 1 • • • The motion carried . III. COMPREHENSIVE ZONING ORDINANCE § 16-8-1: Definitions: Family/Household CASE #ORD 2002-01 Chairman Waggoner stated that the case before the Commission is a proposed amendment to the Definitions section of the Comprehensive Zoning Ordinance. Chairman Waggoner set forth pa- rameters for conducting the Hearing, and asked that staff make the presentation . Anthony Fruchtl, Planner I, was sworn in. Mr. Fruchtl testified that notice of the Public Hearing was published in the Englewood Herald on September 20, 2002. Staff requests that the Commis- sion take testimony, review information presented, and recommend the following amendment to the City Council. §16-8-1 Famil y/Household: A household includes ( 1) one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, together in a dwelling unit ; o r (2) a gro up of not more than etghf THREE persons not re lated by blood, marriage, adoption , o r legal g uardianship liv- ing together in a d we lling unit, provided that such g ro up does not m ee t the definition of dormi- tory. or (3) two tmrel€1;tetl persons €1;nt/ their c!tildren living together in Et dwelling unit. Mr. Fruchtl testified that the number of unrelated persons living together in a "household" was established in 1999 to coincide with the number of unrelated persons allowed to live in a "group home ". Eight unrelated people are allowed to live in a "group home ". However, citizens have raised concerns regarding eight unrelated individuals residing in a single-family home , and the resulting increased congestion and neighborhood problems . The citizens approached Council and ha ve requested a reduction in the allowed residency of unrelated persons as a household unit. Mr. Fruchtl noted that there are two sections of the Englewood Municipal Code that make refer- ence to the Family/Household definition : §9-1-4 and §16-8-1. The 1997 U niform Building Code will also require modification to include the amended definition. Mr. Fruchtl pointed out that the Planning Commission may recommend changes only on §16-8-1 in the Comprehensive Zoning Ordinance. Mr. Fruchtl referenced a survey of various municipalities regarding the number of unrelated individuals allowed to reside in a residential unit. The average is 3.8 unre- lated persons per household. Mr. Fruchtl pointed out that a reduction of unrelated persons resid- ing in a single household from eight to three would not impact those living in an approved "group home"; §16-4-12-1 of the Comprehensive Zoning Ordinance regulates group homes. ~lr . Fruchtl recapped the request: 1) Revise the definition of "Household" to read "Family/Household" 2) Decrease the number of unrelated persons allowed to reside in a "family/household" unit from eight to three. Staff recommends that the Planning Commission recommend the proposed amendment to the City Council. H:\GRO UP\BOARDS\PLANCOMM\Minutes\Minutes 2002\PCM 10-08-02 .doc 2 • • • Chairman Waggoner asked if members of the Commission had any questions of staff. No ques- tions were posed. Chairman Waggoner asked if any member of the audience wished to speak on this issue. No one spoke to the issue . Welker moved: .Krieger seconded: The Public Hearing be closed . AYES : NAYS: Schum, Welker, Willis , .Krieger, Mueller, Diekmeier, Roth, Waggoner None ABSTAIN: None ABSENT: Lath ram The motion carried. Ms. Lathram entered the meeting and took her seat with the Commission. Chairman Waggoner asked the pleasure of the Commission. Welker moved: Schum seconded: Amendment of §16-8-1 , Family/Household, be recommended to City Council for approval. Mr. Schum stated that in his opinion , the proposed reduction of unrelated people allowed to live together in a household is too restrictive. He stated that a variety of housing sizes exist in Englewood, and people should be allowed to have roommates if they wish . He stated that he is also bothered by the restriction against children living with a parent and an individual not related by blood, marriage, or adoption . Discussion ensued. Mr. Roth questioned whether the term "guardianship" would apply to the children in such a domestic arrangement. Discussion ensued. Ms . .Krieger stated that a single individual should have the right to have roommates if there are extra bedrooms in the house . !v!r. Welker stated that the definition, as proposed, is wide open to interpretation and staff needs to provide clarification. Further discussion ensued regarding unre- lated "groups" with children residing together. Welker moved: Schum seconded: The Public Hearing on Case #ORD 2002-01 be reopened. AYES: NAYS: Willis, .Krieger, Lathram, Mueller, Diekmeier, Roth, Schum, Welker, Waggoner None ABSTAIN: None ABSENT: None The motion carried . H:\G ROUP\BOARDS\PLANCOMM\Minutes\Minutes 2002\PCM I 0-08-02.doc 3 • • • Mr. Fruchtl stated that a parent with two children could have one unrelated person living in the same household. Mr. Schum asked if there is a definition of "unrelated persons". Mr. Fruchtl cited the existing definition -"unrelated by blood, marriage, adoption, or legal guardianship." Mr. Welker further discussed the issue of unrelated "groups" living together. Ms. Lathram ques- tioned whether developing a "chart" of permissible resident mixes would provide clarification. Commission members expressed concern regarding the striking of provision (3), two unrelated persons and their children living together in a dwelling unit. Mr. Welker suggested that it should be acceptable for three unrelated adults, each with a child who resides with that parent, to live as a household unit. The issue of "minor" children versus mature children was also dis- cussed. Mr. Welker stated he objects to any restriction that would allow only "minor" children to reside with a parent who lives with two other unrelated individuals. More discussion ensued. Mr. Diekmeier stated that four single roommates would not be objectionable. Mr. Willis agreed that four unrelated people could live together as a household, or two "groups". Mr. Waggoner asked how the proposed amendment will impact the R-1-A Zone District. Mr. Welker noted neighborhood impacts that could arise if duplex or triplex units were to be occu- pied by multiple family groups. Mr. Fruchtl stated that the R-1 Districts have single-family homes -spaced apart , whereas the R-2 or higher density districts could have duplexes that might be rented to the "groups" cited by Mr. Welker. Discussion ensued . Mr. Dennis Norris was sworn in, and stated that members of the Commission should familiarize themselves with the Federal Fair Housing Law before making any determination on this amend- ment. This Law was designed to protect persons purchasing or renting property. He reiterated the necessity for the Commission to get a copy of the Fair Housing Law and study it before ren- dering a decision . Assistant City Attorney Reid stated that the proposed amendment does not conflict with the Fair Housing Law. Ms . Mueller and Mr. Welker both stated that they are familiar with the Fair Housing Law . Chairman Waggoner asked about group living facilities. Mr. Fruchtl reiterated that approved group Ii ving facilities are excluded from this provision. Chairman Waggoner asked if there were further questions. Welker moved: Schum seconded: The Public Hearing on Case #ORD 2002-01 be closed. AYES : NAYS: Krieger, Lathram, Mueller, Diekmeier, Roth, Schum, Welker, Willis, Waggoner None ABSTAIN: None ABSENT: None The motion carried . H:I G RO UP\BOARDS\PLANCOMM\Minutes\Minures 2002\PCM I 0-08-02.doc 4 • •• • Welker moved: Lathram seconded: The Planning Commission recommend to City Council that the amend- ment of § 16-8-1 be approved with the following wording: §16-8-1: Family!Household: A household includes (1) not more than two groups of one or more per- sons related by blood, marriage, adoption, or legal guardianship, including foster children, together in a dwelling unit; or (2) a group of not more than etght FOUR persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit, provided that such group does not meet the definition of dormitory. ;or (3) tv,ro unrelated persons and their children liYing together in a dwelling unit. Mr. Roth commented that City Council had suggested not more than three unrelated persons be allowed to live in a family/household; he referenced the chart included with the staff report indi- cating what other jurisdictions allowed. Mr. Roth noted that the average number of unrelated persons per household is 3.38 indicated by the chart, and he suggested that this chart "plays loose with the statistics", noting that there is no limit cited for one municipality. He stated that an "av- erage" figure is meaningless ; a "median" number would be more realistic . Brief discussion en- sued. The vote was called: AYES : NAYS : Welker, Willis , Diekrneier, Krieger, Lathram, Muller, Roth, Schum, Waggoner None ABSTAIN: None ABSENT : None The motion carried. IV. VETERANS OF FOREIGN WARS Parking Agreement/Cross Access Easement 3940 -3954 South Broadway CASE #PA 2002-02 Mr. Fruchtl stated that the request is for approval of an off-street parking agreement/cross access easement for the VFW for properties at 3940 -3954 South Broadway. The property is zoned B- 2, Business . In April of 2001, the VFW made application for construction of an assembly hall , a use-by-right in the B-2 Zone District. The VFW was advised of insufficient off-street parking at that time. The VFW needs to provide 22 off-street parking spaces; only 19 spaces can be pro- vided on the site . Mr. Fruchtl stated that the applicants want to use three excess parking spaces that are affiliated with properties addressed as 3958-3960 and 3956 South Broadway. A parking agreement/cross access easement has been prepared and submitted for consideration of the Plan- ning Commission. Mr. Fruchtl stated that staff recommends approval of the parking agreement/cross access ease- ment with conditions: H:\GROUP\BOARDS\PLANCOMM\Minutes\Minutes 2002\PCM l 0-08-02 .doc 5 • • • 1) The Planning and Zoning Commission findings of fact and a copy of the permanent easement be recorded against both properties with the Arapahoe County Clerk and Recorder. 2) The parking agreement and shared access easement be revised and clarified to allow parking for all the associated uses on both parcels of property. 3) All current owners of record as listed by the Arapahoe County Assessor's Office of the effected properties shall be required to sign the parking agreement and cross ac- cess easement. Mr. Fruchtl stated that parking at the garage for the single-family house at 3956 South Broadway would be excluded from this agreement. Mr. Welker noted the difficulty of deciphering the plan presented to the Commission. Is there two-way access from the alley to the parking lot? It appears that there is 22 ft. right-of-way for this access-way. Ms . Langon stated that she understands this right-of-way will one-way from the alley . Mr. Welker stated that if the access route is one-way onto the property from the alley , the only exit is onto South Broadway . He asked where the property lines are for the south property and the north property -what right-of-w ay is needed for the easement. Mr. Fruchtl stated that the agreement before the Commission co vers both joint use of parking and the cross-access agreement. Mr. Welker suggested narrowing the point of exit at South Broadway to discourage people turn- ing in from Broadway. Addition a l landscaping might be provided where the exit point is nar- rowed. Ms. Langon pointed out that all facets of the proposed de velopment meet requirements of the Zoning Di s trict with the exception o f the off-street parking . Mr. Welker suggested that plant ings be installed only in the front portion , and that his intent is to prevent vehicles turning into what is intended to be a one-way exit. Ms. Lathram asked about parking stall width -are these spaces designed for compact vehicles. Ms . Mueller stated that 9 ft. width is minimum , and questioned whether the 8 ft. 6 inch width is acceptable. Mr. Welker suggested that possibly the handicapped spaces need to be widened. Mr. Welker reiterated his concern that the wide exit point makes it very attractive for motorists to turn into the parking lot from Broadway . Mr. Roth asked if it might not be better to have the point of access from Broadway , and exit into the alley rather than exiting into the flow of fast- moving traffic on South Broadway. Discussion ensued. Chairman Waggoner noted that the agreement before the Commission is to allow use of three off-street parking spaces that are provided at 3956 and 3958-3960 South Broadway. Ms. Langon suggested that the agreement could be approved with the condition that the point of access from South Broadway be reduced. Further discussion ensued. Ms. Krieger cautioned against making the access or exit too narrow. Ms. Langon urged that if the Commission wants to reduce the width of the Broadway access, that this issue be referred to the Traffic Division and they will determine the proper width for access or exiting . H:\GRO UP\BOARDS\PLANCOMM\Minutes\Minutes 2002\PCM I 0-08 -02 .doc 6 • • • Schum moved: Krieger seconded: The Planning and Zoning Commission approve the Parking Agree- ment/Cross Access Easement for the VFW at 3950 South Broadway with the following conditions : 1) The Planning and Zoning Commission Findings of Fact and a copy of the permanent easement be recorded against both properties with the Arapahoe County Clerk. 2) The parking agreement and shared access easement be revised and clarified to allow parking for all the associated uses on both parcels of property. 3) All current owners of record as listed by the Arapahoe County Asses- sor's Office of the effected properties shall be required to sign the parking agreement and cross access easement. 4 ) The Traffic Division of the City of Englewood shall review the site plan and require a single-lane exit to South Broadway from the park- ing lot. AYES : NAYS : Lathram , Mueller , Diekmeier, Roth , Schum , Welker, Willis , Krieger, Waggoner None ABSTAIN : None ABSENT : None The motion carried V. PUBLIC FORm.iI No one addressed the Commission . VI. DIRECTOR'S CHOICE Ms . Langon stated that Mr. Diekmeier was appointed as a voting member of the Commission at their meeting of October 7 , 2002 . She welcomed Mr. Diekmeier to the Commission. Ms. Lan- gon advised that an alternate member to the Commission was not appointed. Ms. Langon stated that there will be no meeting of the Commission on October 15. On October 22 , there will be a Public Hearing on the General Plan (Comprehensive Plan), and Senior Planner Harold Stitt will be in attendance at that meeting. The next study session on the Unified Development Code (UDC) will be November 5. The City Council approved the Safeway PUD with "go-dark" clause added ; if the fueling station becomes vacant , and remains vacant for one year, it will have to be removed. There is a provi- sion for time extension if there are meaningful negotiations on-going when the year's grace pe- riod is up . There was also a minor concession on signage for the north tier of businesses to allow advertising on a sign on Safeway property. H:\GROUP\BOARDS\PLANCOMM\Minutes\Minutes 2002\PCM 10-08-02.doc 7 • Ms. Langon discussed the cumbersome aspect of the full-sized 2 ft. x 3 ft. development plans that the Commission gets in their packets. She asked if the Commission wanted to explore the option of using smaller-sized plans for ease of handling during the course of a Hearing. Ms . Langon stated that she would have a full-sized set of plans available at the Hearing if figures need clarification. Brief discussion ensued. Ms. Krieger stated that if the smaller sized plans are legible, she felt the smaller size would be acceptable. VII. ATTORNEY'S CHOICE Ms. Reid advised the Commission that City Council conducts interviews for appointments to boards and commissions in June and January , and makes appointments in July and February. The City Council will appoint an alternate member to the Commission after interviews in Janu- ary , 2003. VIII. COMMISSIONER'S CHOICE Mr. Willis inquired about the Historic Preservation/Designation ordin a nce . Has there been pro- gress on the revision . Ms. Lathram agreed that the Commission asked that the ordinance be re- viewed to enable property owners to receive grant monies to assist in the preservation of historic structures. Ms. Langon stated that Historic Preserv ation/Designation regulations will be in- cluded in the UDC. She stated that Ms. Jenny Steele from the Library has been working with the Historical Society , and she will be reviewing this section of the UDC. • Ms. Mueller asked what the latest is on the Skerritt House . Ms. Reid stated that City Council has voted to demolish the Skerritt House . Some bids for purchase of the property have been re- ceived. Ms. Langon stated she understood that one bid for $50 ,000 has been received, and that another Historical group is interested in acquiring the propert y. Ms . Krieger commented that the news coverage on this issue has not been well balanced , and that the Cit y Council's position and reasoning for their determination has not been put forth in the news stories she has read. • Chairman Waggoner inquired about leasing progress in the CityCenter. He asked that an up-date be provided at the next meeting. Assistant City Attorney Reid noted that Miller-Weingarten has relocated their offices to the CityCenter development. Mr. Willis asked how PetCO and Ross Dress-for-Less are doing . Ms. Langon stated that she didn't know about those two particular businesses , but that the strip shops along Englewood Parkway seem to be doing well. Brief discussion ensued. The meeting was adjourned. !. !l . ~· .·-·. ~-./.~/,·;;--;,·,·:,· --,>?. ;_, ,-1 / ... ,t"'~· ' _,.,.,.r / r '-- > . J Gertrude G. Welty , Recording Secretary H:\GRO UP\BOARDS\PLANCOMM\i'vfinutes\Minutes 2002\PCM 10-08-02.doc 8