HomeMy WebLinkAbout2000-05-02 PZC MINUTES•
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
May 2, 2000
I. CALL TO ORDER
The regular meeting of the City Planning and Zoning Commission was called to order at 7:05
p.m. in the City Council Chambers d'f Englewood City Hall , Chairman Welker presiding.
Members present:
Members absent:
Also present :
Willis , Rininger, Sauter, Stockwell , Weber, Welker
Simpson , Ex-officio
Lathram (with previous notice)
Planner Langon
Assistant City Attorney Reid
II. APPROVAL OF MINUTES
April 18, 2000
Chairman Welker stated that the Minutes of April 18 , 2000 were to be considered for a ppro val.
Rininger moved:
Sauter seconded: The Minutes of April 18, 2000 be approved as written.
Mr. Stockwell offered an amendment to Page 5, Paragraph# 3 under "Attorney's Choice ". He
asked that the following statement be inserted afte r " ... active members was discussed. It was
stated that if a definition of "quo rum " was changed to a majority of the number seated, the quo-
rum could drop dangerously low very quickly. If two more vacancies occurred now, a quorum of
five would be three, two votes would ca rry. The quorum needs to remain at a majority of the
"seats", not the "seated." "as was The issue of voting via phone was also discus sed."
Mr. Rininger and Mr. Sauter accepted the a mendment, and the vote on the motion to approve the
Minutes of April 18, 2000, as amended on P age 5, was called:
AYES:
NAYS :
ABSTAIN:
ABSENT:
Rininger, Sauter, Stockwell , Willis, Welker
None
Weber
Lath ram
The motion carried.
III. FINDINGS OF FACT
Sidew alk S ales
Case #ORD-2000-01
Chairman Welker stated that the Findings of Fact on Case #ORD-2000-01 , Sidewalk Sales , were
to be considered for approval.
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Stockwell moved:
Rininger seconded: The Findings of Fact on Case #ORD-2000-01, pertaining to Sidewalk
Sales , be approved as written.
AYES:
NAYS:
Rininger, Sauter, Stockwell, Willis , Welker
None
ABSTAIN: Weber
ABSENT: Lath ram ...
The motion carried.
IV. COMPREHENSIVE ZONING ORDINANCE
Tattoo and Body Piercing Establishments
§16 -4-1 2: B-2, Business
§16 -4-13: I-1, Light Industrial
§ 16-4-14: I-2, General Industrial
§ 16.8: Definitions
CASE #ORD-2000-02
Mr. Welker stated that the issue before the Commission is the amendment of several sections of
the Comprehensive Zoning Ordinance regarding Tattoo and Body Piercing establishments. He
asked for a motion to open the Public Hearing .
Willis moved:
Weber seconded: The Public Hearing on Case #ORD 2000-02 be opened.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Sauter, Stockwell, Weber, Willis, Rininger
None
None
Lathram
The motion carried.
Mr. Welker asked that staff present the case.
Planner Langon was sworn in, and stated that the staff report and proof of publication of the No-
tice of Hearing have been presented . She asked that they be made part of the record of the Hear-
ing. Ms. Langon testified that the proposed amendments address the permitted location of tattoo
and body piercing establishments. Currently, the Zoning Ordinance does not cite tattoo or body
piercing establishments in any zone district. The Englewood Comprehensive Zoning Ordinance
is a "permissive" ordinance -if a use is not cited as a "permitted use" in a particular zone district
it is not permitted. Ms. Langon cited a "policy " adopted August 31 , 1999, addressing allowance
of tattoo and body piercing establishments in the B-2 Business District, and continued prohibi-
tion of any such establishments in the B-1 District. Ms. Langon noted that a recent Federal
Court decision upheld prohibition of tattoo establishments in the B-1 Zone District. City Council
has asked that staff research and develop strategies to address tattoo establishments and body
piercing establishments in the City of Englewood. "Body branding" was also researched by
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staff; the City Attorney's Office determined that body branding is included in the definition of
tattoo. Staff presented four proposals to City Council at a study session on March 6 1h. City
Council directed staff to prepare amendments restricting tattoo and body piercing establishments
in B-2, and to permit such establishments in the I-1 and I-2 industrial districts.
Ms. Langon testified that all tattoo and body piercing establishments must comply with the
City's licensing provisions; this went into effect in 1997; all five existing tattoo and body pierc-
ing businesses currently in the B-2 Qistrict are now licensed by the City.
Ms. Langon stated that in drafting the proposed amendments, provision had to be made to allow
retail businesses, such as jewelry stores, that do ear-piercing as an accessory service for their
customers to continue to do so whether located in B-1 or B-2.
Ms. Langon discussed a market analysis of South Broadway done by Kimley-Hom. This market
analysis recommends recruitment of "gathering places" other than work or home to assist com-
mercial vitality along the Broadway corridor. These "gathering places " may include eating
and/or drinking establishments, entertainment venues , and miscellaneous retail businesses com-
plementary to the existing business mix along the corridor. These "gathering places" would cre-
ate increased tax revenues for the City . Ms . Langon noted that in 1999 , the five tattoo establish-
ments generated approximately $300 in revenue to the City per business. This revenue included
both licensing fees and taxes paid.
Ms. Langon stated that in addition to the notice published in the Ern!lewood Herald on April 21,
2000, certified letters were mailed to the five licensed tattoo/body piercing establishments on that
same date. As of May 2, only three signature cards from the certified mailings have been re-
turned to the office.
Ms. Langon reviewed the proposed amendment. The proposed amendment to the B-2 Zone Dis-
trict adds "Tattoo and/or Body Piercing Establishment" to a list of prohibited uses in that zone
district; however, there is also a provision that licensed tattoo and body piercing establishments
in existence prior to the effective date of the proposed amendments shall become nonconforming
and may remain at the current location as a legal nonconforming use subject to compliance with
provisions governing nonconforming uses in the Zoning Ordinance. The I-1 and I-2 Industrial
Zone Districts will allow tattoo and body piercing establishments as permitted uses. Ms. Langon
cited definitions to be added to § 16-8, and suggested a further amendment to the proposed defini-
tion for "Body Piercing Establishment". This definition will read:
"Body Piercing Establishment: Any corporation, company, partnership, or individual that offers
or performs body piercing for any fee , charge , or remuneration of any kind. For the purposes of
the Zoning Ordinance, this does not include establishments performing ear piercing as an inci-
dental service to the permitted principal use."
The clarification proposed in this definition is to prevent businesses doing only ear piercing from
being classified as a "body piercing establishment" .
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Ms. Langon stated that the proposed amendments to Title 16 of the Englewood Municipal Code,
(the Zoning Ordinance), are consistent with Title 5, Business and License, and Title 7, Public
Safety, of the Englewood Municipal Code.
Members of the Commission questioned the reasoning behind prohibition of new tattoo and body
piercing establishments in the B-2 District, and restricting new establishments to the industrial
areas . Ms. Langon stated that one of the options presented by staff at the City Council study ses-
sion on March 6th was total prohibition of tattoo and body piercing establishments; however, City
Council did not want to enact total prohibition of this business , but to ensure that new establish-
ments would have to locate in the industrial sector of the City. Ms . Langon stated that there has
been no opposition voiced by the Safety Services Department -the tattoo and body piercing es-
tablishments have not created problems for the Police Department.
Mr. Weber asked why this issue has arisen all of a sudden; it appears the only reason to prohibit
the location in the B-2 District is that this use doesn't generate very much revenue. He noted the
lack of enforcement for the last 20 years or so regarding the tattoo establishments that are cur-
rently in B-2 , and questioned wh y the City is suddenly taking this hard stand against this type of
business .
Ms. Langon stated that since 1977 , five tattoo establishments have located within a two block
area ; City Council is concerned about the concentration of this type of business and is also con-
cerned about the future of South Broadway development/redevelopment. Council envisions a
mix of uses , more pedestrian oriented, and the "gathering place" establishments.
Mr. Weber commented that he didn 't see too much difference between tattoo and body piercing
establishments and used car dealerships.
Director Simpson was sworn in. Mr. Simpson testified to the efforts to revitalize the South
Broadway corridor, and the opportunity to make Broadway even bigger and better than it is to-
day . He stated that the reason the tattoo and body piercing establishments are being addressed
isn 't because the y may be considered a "nuisance", or not producing a great amount of revenue.
Mr. Simps on stated that the Econ o mi c De vel o pment plan and marketing pl ans are being consid-
ered in conjunction with the improvement project along the Broadway corridor. Broadway busi-
nesses have generated revenue that has carried the City of Englewood following the demise of
Cinderella City Mall. Mr. Simpson stated that staff is looking at ways to strengthen the retail
mix in the Broadway corridor, and this particular business is not the only business staff will re-
view.
Mr. Rininger asked for further information on the Court Case . Ms . Reid provided the back-
ground on the Federal Court case , noting that this particular tattoo establishment had not only a
zoning violation case , but also a criminal case with the City. The establishment had been cited
because an underage individual received a tattoo from an employee of the tattoo parlor -a crimi-
nal citation . The owner of the tattoo establishment had been located in the B-2 District, decided
to relocate to the B-1 District, and did so without checking to determine what the zone district
was, and whether the use was permitted. The owner was cited and given a cease and desist or-
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der , which he ignored, continued to remodel the interior of the premises, and opened for busi-•
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ness . The business was closed down, and the owner tried to reopen as a "private club", and for
payment of the club fees , you could get a tattoo. The Police Department did a "sting" operation
on the establishment, and it was again closed down. The owner filed an application with the
Planning Commission asking that they find a tattoo parlor as a use "similar" to an art studio and
art gallery. The Planning Commission did not agree that the tattoo parlor was "similar" to art
studios or art galleries, and denied the request. The tattoo parlor owner then sued the City in
Federal Court citing Amendment 1 issues -violation of free speech, etc. Judge Matsch upheld
the Planning Commission determina~on, and directed the owner of the tattoo parlor to pay all
City court costs. However, the tattoo parlor owner appealed the decision to the Court of Ap-
peals. He now seems willing to negotiate a settlement -the City to pay him in the neighborhood
of $3,000 to $4,000 and he will drop the appeal. It was pointed out that if the City fights the is-
sue in the Court of Appeals, our attorney 's fees alone could feasibly reach $50,000. Brief dis-
cussion ensued.
Mr. Stockwell asked if the Ordinance specifically stated that tattoo parlors were prohibited in B-
l at the time this establishment relocated from the B-2. Ms . Reid reiterated that the Englewood
Comprehensive Zoning Ordinance is "permissive " -if a use is not listed as permitted, it is pro-
hibited. There was no mention of tattoo establishments in either the B-1 or B-2 zone districts, or
indeed , in any zone district, at that time . Ms. Reid acknowledged , however, that in some in-
stances specific uses are listed as "prohibited" in various zone districts.
Mr. Simpson reminded members of the Commission of the issue of temporary day labor busi-
nesses in the B-2 Zone District, and the efforts by the Commission and by Council to prohibit
those business in any of the business zone districts , and allow them in the industrial districts .
Mr. Welker asked why the B-1 District is not being amended to clearly "prohibit " tattoo estab-
lishments. He also asked if there is a history of police calls to the tattoo establishments -tattoo-
ing of underage individuals , alcohol usage , etc. Ms. Langon reiterated that Safety Services does
not feel that the tattoo establishme1ts are a "nuisance ".
Distance restrictions were discussed. Ms . Langon stated that no distance restrictions have been
suggested in the proposed amendment. Mr. Welker asked if distance restrictions should be con-
sidered between the tattoo and body piercing establishment and residential districts. Ms. Langon
stated that this was suggested, but in the absence of a determination from Safety Services regard-
ing nuisance or criminal activities, there is no justification for imposition of distance factors .
Mr. Welker stated it appears that we are characterizing South Broadway as some kind of special
district , and attempting to eliminate businesses that some may find undesirable. Mr. Stockwell
stated that he felt the intent is to improve the clientele along the South Broadway corridor, and he
supported this concept. However, Mr. Stockwell said in his opinion, loyalty is owed to those
businesses who have been on South Broadway for some time and who have stayed there even
through bad times . He stated that those businesses should be "grandfathered" in and not forced
to relocate .
Mr. Welker stated that the "undesirability" of a business is a matter of opinion, and he ques-
tioned that he wanted to start "categorizing" businesses, and isn 't sure the Commission and/or
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City wants to begin going down this road. If a business generates undue noise, odors, fumes,
dust, or otherwise negatively impacts adjoining uses, he could easily support amendments to re-
strict such business to an industrial area . Mr. Welker stated that "when we have to be careful and
vague in descriptions", it bothers him.
Mr. Sauter pointed out that we already have five tattoo and body piercing establishments located
on South Broadway .
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Mr. Weber pointed out that churches are located on South Broadway ; they do not generate reve-
nue , they create parking problems , and have programs and activities at all hours. Should this use
be prohibited from the Broadway corridor? Discussion ensued.
Mr. Stockwell stated that one of the goals of the Commission is to encourage economic growth.
Mr. Willis stated that the market would dictate whether or not any business survives in any given
location .
Mr. Stockwell pointed out that the tattoo establishments may concentrate in an area, and thereby
impact other businesses that are in existence , or may inhibit other businesses from locating in a
particular site , block , or area. Mr. Sauter stated he could agree with that point of view.
Mr. Welker asked if staff had an ything further.
Mr. Simpson stated he wanted the Commission to know that staff has considered all of the issues
raised by the Commission , and acknowledged that this is a difficult issue . The fact is, tattoo
businesses do not seem to have created an impact on the community in regards to lack of park-
ing , or criminal activity. However, the future of the Broadway corridor must be taken into con-
sideration , also. Clearl y, there are businesses that contribute more strongl y to the viability of the
corridor. Mr. Simpson recalled discussions of several years ago when the South Broadway Ac-
tion Plan was before the Commission , and that concerns were expressed regarding the viability
and longevity of the Broadway corridor. Mr. Simpson agreed that all businesses have value, but
one must consider how a particular business contributes to the overall economic health of a com-
munity. Mr. Simpson expres sed the o pinion that the ver y recent de velopment of another used
car lot on South Broadway is a "travesty". Englewood has very limited land resources, and
needs to make the best use of available land. Mr. Simpson stated that tattoo establishments are
not a great revenue source, but acknowledged that these businessmen have stuck it out and con-
tributed whatever revenue required of them during our leaner times.
Mr. Rininger asked about licensing of these businesses . Ms . Langon stated that licensing of tat-
too and body piercing establishments has been required since 1997; this is to address safety and
health issues -to ensure that clean needles are used , employees are properly trained, etc . Ms.
Reid stated that licensing provisions allows the City to inspect the businesses .
Mr. Willis asked what other municipalities are doing regarding tattoo and body piercing estab-
lishments . Ms. Langon stated that Denver has enacted an ordinance regulating these establish-
ments , and has established distance requirements between several types of businesses, of which
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one is tattoo and body piercing establishments. Ms . Langon reiterated that Englewood staff
could not establish standards or reasons to justify distance requirements.
Mr. Rininger asked if distance factors from tattoo establishments and schools had been consid-
ered. Ms. Langon indicated that schools had not been considered. She also asked what distance
factor might be suggested -500 feet, 1,000 feet, 1,500 feet? And how can it be justified. Mr.
Stockwell asked what distance Denver is using. Ms. Langon stated that as she recalled, it is
1,000 feet between two like business.es, or between a cited business and residential.
Ms. Reid discussed the research that CD and City Attorney 's staff had done regarding the tattoo
establishments. She noted that staff used the Internet, and the only location they found that regu-
lates tattoo establishments was Guam.
Mr. Welker suggested if there were no further questions, the Public Hearing should be closed.
Stockwell moved :
Rininger seconded: The Public Hearing on Case #ORD 2000-02 be closed.
AYES :
NAYS :
ABSTAIN:
ABSENT:
Stockwell , Weber, Willis , Rininger, Sauter, Welker
None
None
Lathram
The motion carried.
Mr. Welker asked for a motion on the proposed amendments.
Weber moved:
Sauter seconded : The Planning Commission recommend to City Council approval of the
proposed amendments to the Comprehensive Zoning Ordinance regarding
tattoo and body piercing establishments, with the following modification
of the de fi nition for "Body Piercing Establishment":
"Body P iercing Establishment: Any corporation , company, partnership, or
individual that offers or performs body piercing for any fee, charge , or re-
muneration of any kind. For the purposes of the Zoning Ordinance, this
does not include establishments performing ear piercing as an incidental
service to the permitted principal use."
Mr. Willis suggested that imposition of distance requirements would be sufficient regulatory
measures; he stated that such requirements would not ban the tattoo and body piercing estab-
lishments from location on Broadway, but would establish restrictions to control location. He
questioned why a viable business should be prohibited, and is the Planning Commission the body
that says what type of business can locate in any specific area. Mr. Welker stated that City
Council has the final determination regarding zoning matters -the Commission recommends to
Council.
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Mr. Stockwell stated that Englewood gets many types of businesses that relocate from other mu-
nicipalities , but the Commission and Council set the standards these businesses need to meet.
The distance issue was further discussed.
Mr. Willis reiterated his earlier comment that market will determine viability of a business and
whether it will locate and/or remain in any specific location. He stated he would have no prob-
lem with the proposed amendment ij..the tattoo establishments had been declared a nuisance .
Mr. Sauter commented that if a category of business is being pressured by another municipality
or jurisdiction, and they choose to relocate , does Englewood want to be the point where they all
congregate -i.e ., pawn shops , tattoo establishments , etc. This could negatively impact existing
businesses that are viable , revenue producing businesses .
Mr. Welker stated that he approves of the City supporting and encouraging development of par-
ticular types of businesses , but didn 't want to "see a line drawn " that says we don 't want your
type of business. The tattoo parlor issue is a "small issue ", and attracts a small amount of busi-
ness. They don 't do their business on the sidewalk or on the street -the tattoos are applied in-
doors. The tattoo establi s hment is totally different from the da y labor businesses the Commis-
sion de a lt with a couple of years ago: those businesses did ha ve great impact on neighborhoods.
Discussion ensued . Mr. Sauter stated he would like to see studies on this business -do they im-
pact other businesses that are in existence , or inhibit location of new businesses .
Mr. Rininger asked what we want Broadway to become. Mr. Willis suggested that we want and
need diversit y along the Broadway corridor, but expressed doubt that the City can dictate this
diversit y . Market support of businesses was discussed . Mr. Weber pointed out that we currently
have five tattoo and body piercing establishments ; if the market supports five such establish-
ments , they will stay ; if the Englewood market can support more such establishments, they will
have to locate in the industrial districts.
Dis c ussion en s ued. Mr. Rininge r s po ke in favo r of imp os ing di s tanc e require ment s, parti c ul a rl y
between a tattoo and body piercing establishment and schools -elementary, middle , junior high,
senior high . He cited the case Ms . Reid discussed where a minor was given a tattoo. Mr. Rin-
inger agreed that the five existing establishments should be grandfathered in . Mr. Welker asked
whether distancing requirements would be required if they are restricted to the industrial dis-
tricts. Mr. Rininger reiterated his opinion for need of distancing requirements from schools. Mr.
Welker agreed that he worries about businesses that target youngsters.
The issue of adult uses was raised and discussed . Adult uses are permitted, with restrictions, in
the B-2, I-1 and I-2 Zone Districts. The distance restrictions for adult uses were considered, and
those same distance restrictions were suggested for imposition in conjunction with tattoo estab-
lishments.
Staff was asked to clarify the uses cited by Denver requiring distance factors. It was noted that
the Public Hearing was closed. Discussion ensued .
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Rininger moved:
Stockwell seconded: The motion to recommend be tabled, and the Public Hearing reopened.
AYES:
NAYS :
ABSTAIN:
ABSENT:
Willis, Rininger, Sauter, Stockwell, Welker
Weber
None
Lath ram ..
The motion carried.
Mr. Rininger asked for clarification of uses cited in the Denver ordinance , which require distance
separations.
Ms . Langon stated that the Denver ordinance stipulates 1,000 foot distance between any two of
the following: Amusement center, adult amusement center, body art establishment, adult book
store , adult photo studio , adult theater, sexually-oriented commercial establishment , and any
adult establishment.
Ms . Langon then, in response to a query from the Commission , quoted from the Englewood B-2
District regarding adult entertainment regulations. Discussion ensued. Ms . Langon stated that
onl y the uses of tattoo and body piercing establishments were considered for this proposed
amendment.
Rininger moved:
Sauter seconded: The Public Hearing on Case #ORD-2000-02 be closed, and the motion to
recommend be raised from the table.
AYES:
NAYS:
ABSTAIN :
ABSENT:
Rininger, Sauter, Stockwell, Weber, Willis, Welker
None
None
Lath ram
The motion carried.
Mr. Willis stated that he felt the definition and restrictions presently contained in the B-2 District
and applicable to adult-oriented businesses would work very well for tattoo and body piercing
establishments. Mr. Rininger suggested including tattoo and body piercing establishments as
part of the adult usage as currently cited in the B-2 , I-1 and I-2 districts . Mr. Welker noted that
to get a tattoo, one has to be 18 or older, which restricts the tattoo and body piercing establish-
ments to "adults". Mr. Willis asked why a tattoo establishment might be restricted , but a strip
club might be allowed in B-2 . Mr. Stockwell stated he would recommend that tattoo establish-
ments be included as part of the adult oriented business restrictions .
Mr. Simpson stated that staff will have to recommend against inclusion of tattoo establishments
as part of the adult use restrictions. Discussion followed . Mr. Rininger stated that in his opinion ,
getting a tattoo is an adult recreational activity. Mr. Willis agreed with Mr. R ininger. Mr.
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Stockwell supported including of tattoo establishment/body piercing establishment as part of the
definition of adult uses .
Ms . Reid strongly urged that the tattoo and body piercing establishments not be considered as
part of the adult uses. Ms. Reid stressed that the Englewood ordinance regulating adult uses has
been through litigation, and we now have an ordinance acceptable in the courts.
Mr. Weber noted that the staff has indicated they could not support imposing distance require-
ments; he acknowledged maybe distance requirements from schools would be warranted, but not
from other uses. Mr. Stockwell asked if the Denver ordinance imposing distance restrictions was
successful, and asked why Englewood could not use that ordinance as the basis for our ordi-
nance. Ms. Reid noted that the Denver ordinance has not been challenged, so we don't know if it
will stand up in court.
Further discussion ensued. It was pointed out that nonconforming uses may not expand.
Allowance of adult uses in B-2, while prohibiting tattoo and body-piercing establishments in B-
2, was again discussed. Mr. Stockwell suggested that the Commission vote this proposal down,
and recommend to City Council that adult uses in B-2 be eliminated; the City can then address
both tattoo and body-piercing establishments and adult uses in one amendment. Mr. Stockwell
further suggested that existing tattoo and body piercing establishments in the B-2 zone district
must be grandfathered in.
Mr. Simpson and Ms. Reid both advised the Commission not to combine issues of tattoo and
body piercing establishments and the adult business regulations.
Distance factors were further discussed. The vote on the motion to recommend approval of the
proposed amendments to City Council was called:
AYES:
NAYS :
ABSTAIN:
ABSENT:
Weber, Willis, Sauter, Stockwell
Rininger, Welker
None
Lath ram
The motion carried.
V. PUBLIC FORUM
No one was present to address the Commission.
VI. DIRECTOR'S CHOICE
Mr. Simpson noted that reservations for the DRCOG Planning Commissioners workshop on May
6 1
h, have been made for Messrs. Willis, Welker, and Sauter. The workshop starts at 8:30 a.m.
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Mr. Simpson noted that copies of the most recent Community Development newsletter were in-
cluded in the packet.
A tour of the new CivicCenter has been scheduled for May 5th between the hours of 3 and 6 p .m.;
those wishing to tour the new facilities are asked to meet in the north City Hall parking lot; shut-
tles depart every 10 minutes, and participants will be asked to sign a waiver of liability. Mr.
Simpson urged Commission members to try to go on the tour; they will get to see the new rooms
where they will meet after mid-June•
Mr. Simpson stated that City Council has scheduled a "retreat" on Saturday, May 6th ; he is pre-
paring information for that retreat. Part of this information is Community Development goals for
2000 and 2001. Mr. Simpson cited several goals he is setting forth, among them:
1) Completion of the CityCenter Englewood redevelopment, redevelopment projects south of
Hampden A venue, west of Santa Fe, shuttle service , tenanting for the redevelopment projects ;
2) Development of the Santa Fe corridor including a transit "overlay" district , continued work on
the General Iron Works site , open space acquisition , and development ;
3 ) South Broadway revitalization efforts , work begins on the segment of Broadway north of U.S .
285 this month to include widening , fapde design improvements , street furniture , new street
trees , etc.;
4 ) Comprehensi ve Plan re vision and update. Mr. Simpson commented that the 1979 Plan was a
very good plan, and many issues cited in that Plan are still applicable .
5 ) Development of a "unified development code" to include subdivision , zoning, and develop-
ment regulations .
Mr. Simpson discussed progress on the CityCenter Englewood, noting that Wal-Mart is slated to
open in August. Closing with Trammel Crow Residential is scheduled to occur this week; we
have approved design and construction drawings , and ha ve been working through last minute
legal issue s. Closure with Miller-Weingarten as the master developers is scheduled to occur by
the end of this month .
The CivicCenter building will be open for business on June lih; C ity administrative offices will
be relocated beginning the evening of June 3th' and City Hall will be closed for public business
on June 9th. MOA will relocate to the second floor of the CivicCenter, and will also open on
June 12th; they will hold classes and exhibitions in the ir area . The Englewood Public Library
will not be moving at the same time as other City Hall offices, however, the Library will be clos-
ing once school is out for the year, and will not reopen until July 5th in their new quarters on the
first floor of the CivicCenter. Existing lighting , shelving, etc. are all being dismantled from the
existing Library and reinstalled in the new quarters .
The RTD Light Rail station will begin operation on July 14th.
Mr. Simpson discussed se veral "celebrations" scheduled around the opening of the CivicCenter,
the light rail , and Wal-Mart. Mr. Simpson commented that one festivity is planned in conjunc-
tion with the Englewood "Old Tyme Fair" activities around the end of August.
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Mr. Simpson stated that Wal-Mart "art-wall" competition elicited 38 entries; the committee met
this last Saturday and narrowed the entries to four; these four finalists will be asked to present a
model of their proposal and go through an interview process. City Council will choose the win-
ning applicant. The art wall will be completed and dedicated later in the year -late fall or early
winter.
There will be additional public art on a wall of the Trammell Crow parking garage. The process
to determine this artwork has not betm finalized.
Mr. Simpson noted that the extension and realignment of Englewood Parkway will begin later
this month. Mr. Simpson stated that part of the property has been acquired for this extension,
and negotiations are on going with another property owner.
Mr. Simpson further discussed the Broadway project ; undergrounding of utility lines will begin
at U.S . 285 and progress to Floyd Avenue ; improvements for this area of Broadway are slated to
be completed within three months, and the project then moves northward from Floyd to Yale .
Completion of that stretch of Broadway improvements should occur in October. Again , lighting
improvements , upgrading street trees , street furniture , and transit shelters can be expected as part
of this program.
Mr. Simpson discussed the GIW site , noting that RTD is acquiring property for the southeast
corridor of the light rail system. They are in need of a maintenance facility , and the GIW site
was one of the top sites the y chose. The City and RTD are working together on redevelopment
of the GIW site ; part of RTD 's development will be in Denver just north of Yale Avenue. RTD •
does not pay taxes or generate revenue , and City staff felt we needed something on part of the
GIW site which will boost revenues for the City.
Mr. Simpson reported that the City received $25,000 in CDBG funds to use along the South
Platte Ri ver area. Englewood will be working with the Corps of Engineers, South Suburban
Parks & Recreation , Sheridan , and Denver to improve the South Platte corridor. This corre-
sponds well with the Centennial Park expansion onto the former Ziegan property in Sheridan ; the
City of Englewood has condemned this property (once proposed as a waste transfer site ), and it
will be developed as a "Colorado Rockies" baseball field for youngsters .
The City also received an additional $150 ,000 grant from EPA ; this will supplement the grant we
recei ved two years ago and provide for greater focus on contaminated properties. Environmental
assessment of the properties can be financed with these funds , and there is a "pool" of monies
from several cities that can be used to remediate the property .
Mr. Simpson stated that City Council has directed that an ordinance pertaining to trash collection
be drafted ; this proposal would limit residential collection in Englewood to two days per week
only.
The Creative Sign Code was heard before City Council on May l ; no one spoke in opposition,
and one person spoke in favor. This should be approved by City Council with no problems.
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The City of Englewood will be hosting the opening reception for the RailVolution Conference in
October. This is a national conference, attracting over 1,000 delegates from all over the nation,
who are all interested in light rail projects. This conference is slated from October 4 through 7.
Members of the Commission were urged to attend if at all possible.
Mr. Simpson discussed a proposal that will be on the ballot this fall; it pertains to growth limita-
tion, and will be titled "Citizens for Responsible Growth". Additional information will be for-
warded to members as it becomes a\ioailable.
Mr. Simpson stated that he will be attending the ICSC Conference in Las Vegas , Nevada at the
end of May. He will also be speaking at a conference on economic growth in Portland, Oregon,
in June.
Mr. Willis asked about the possibility of a movie theater on the CityCenter site. Mr. Simpson
stated that the possibility of a theater is gone ; the movie theater industry seemed to sour and we
had to move on and not wait for a turn-around in the market. Mr. Simpson stated that there
should be several restaurants locating in the development. The City and Miller-Weingarter have
made an offer on the Norwest Bank property at U.S. 285 and South Galapago Street , and this
will be developed for additional retail purposes.
Mr. Simpson discussed reuse of the existing City Hall property . He stated that inquiries have
been made regarding development as a cultural arts center and a performing arts complex . Mr.
Simpson stated that developers interested in locating in the immediate area have contacted staff;
some of these could generate 400 to 600 jobs ; a possible hotel development has been proposed to
the south of U.S. 285 ; new residential housing has also been proposed . Now that we are getting
infrastructure in place more interest is being expressed.
Ms . Langon asked if it would be helpful to the Commission to have issues , such as the proposed
ordinance amendment considered earlier this evening , brought forward at a study session for dis-
cussion prior to going to Public Hearing . Discussion ensued. Mr. Welker stated that he didn 't
think it necessary that everything be brought forward for study session. Discussion ensued.
Staff w as ad vised to be judicious in choosing items for study session review.
VII. ATTORNEY'S CHOICE
Ms. Reid stated she had nothing to bring forward.
VIII. COl\tIMISSIONER'S CHOICE
Mr. Willis stated that he will be attending a Real Estate seminar in Denver on May 4 and 5.
Mr. Welker referenced the letter he has written to City Council regarding Commission member-
ship issues. Mr. Simpson pointed out that the interview process is scheduled twice per year. Mr.
Welker stated that he is aware of this ; however, vacancies and absences do occur, and for this
Commission, it has been a matter of "counting heads " every meeting lately to see if we can get a
quorum to do business. Brief discussion ensued .
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Mr. Sauter asked the meaning of the Englewood Logo. Mr. Simpson stated that the Logo con-
tains an incomplete "E", there is a grid pattern depicting streets , the color green signifies life; the •
logo also resembles a "tree", and Englewood means "wood of the nook".
The meeting adjourned.
Certrude G. Welty , Recording Secre y
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