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HomeMy WebLinkAbout2000-01-04 PZC MINUTES• • • CITY OF ENGLEWOOD PLANNING AND ZONING COlVIMISSION January 4, 2000 I. CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7 : 15 p .m. in the City Council Chambers of Englewood City Hall. Chairman Welker presided . Members present: Lathram, Rininger, Weber, Willis, Welker Simpson , Ex-officio Members absent: Douglas, Hayduk, Ransick, Stockwell Also present: Harold J. Stitt , Senior Planner Nancy Reid, Assistant City Attorney II. APPROVAL OF MINUTES December 7, 1999 Chairman Welker stated that the Minutes of December 7, 1999 were to be considered for ap- proval. Rininger moved: Weber seconded : The Minutes of December 7 , 1999 be approved as written. AYES : NAYS: ABSTAIN: ABSENT : Rininger, Weber, Willis , Welker None Lathram Hayduk, Ransick, Stockwell, Douglas The motion carried. III. WACHA Family Resource Center 3301 South Grant Street CASE #CU-2000-01 Mr. Welker stated that the issue before the Commission is a request from the Western Arapa- hoe County Homeless Alliance (W ACHA) for Conditional Use approval for property at 3301 South Grant Street. The proposal is to use this property as a Family Resource Center . Mr. Welker outlined the parameters of the public hearing for members of the audience, stating that City staff will present the case to the Commission, the Commission may ask questions of staff; testimony will then be taken from the applicant, from the proponents, and from opponents . Questions may be asked by Commission members of anyone addressing the Commission. A 1 • • • brief opportunity for rebuttal will be granted. Mr. Welker asked that all persons addressing the Commission keep their comments to the point, and that everyone avoid reiteration . Every- one addressing the Commission will be sworn in , and all comments will be addressed to the members of the Commission -not to staff. Mr. Welker acknowledged receipt of a memorandum distributed to members of the Commis- sion by Assistant City Attorney Reid prior to commencement of the meeting. Mr. Welker asked that the Public Hearing be opened. Rininger moved: Lathram seconded: The Public Hearing on Case #CU 2000-01 be opened. AYES : NAYS: ABSTAIN : ABSENT : Lathram, Rininger, Weber , Willis, Welker None None Ransick , Stockwell , Douglas, Hayduk The motion carried. Harold Stitt was sworn in. Mr. Stitt testified that the request is for Conditional Use approval of a large group living facility to be located at 3301 South Grant Street. The applicant is the Western Arapahoe County Homeless Alliance (W ACHA), and the proposal is to use the sec- ond and third floors of the structure to provide shelter for homeless families from western Arapahoe County . Mr. Stitt testified that the Conditional Use approval is necessitated under the newly enacted Group Living Facility ordinance; the proposal for a large special group liv- ing facility will provide residential services for more than eight individuals. The Planning Commission must determine , following the public hearing process, whether the proposal meets guidelines contained within §16-5-21 of the Comprehensive Zoning Ordinance , and is an ap- propriate use in the neighborhood. Mr. Stitt testified that 3301 South Grant Street has been used by Arapahoe House as a de- tox /substance abuse center since the late 1970's. The use of the structure for detoxification purposes has decreased to weekend usage only, with clients checked in at this site and trans- ported within a short time to other locations. WACHA has requested use of the top two floors, and the detox center will continue to use the basement level on weekends. Mr. Stitt testified that the Board of Adjustment & Appeals is considering a request from WACHA for variances on distance requirements : variance from the distance requirement separating a group living facility from a school, and, possibly , a variance from the distance requirement separating two group living facilities/treatment facilities. The case was opened for hearing before the Board on December 8, 1999; the Board continued the Hearing process until after the Planning Commission consideration of the Conditional Use request. 2 • • • Mr. Stitt reviewed the guidelines the Commission must consider in determining approval of a Conditional Use request, and cited ways in which the proposed family resource center com- plies. 1) Uses Permitted. The use must be permitted as a Conditional Use in the zone district in which it is proposed to be _ located. Group living facilities may be authorized by the Planning and Zoning Commission in the R-3 Zone District as provided for in Section 16-4-12-1 A, which permits small treatment centers and large/special group living facilities only with conditional use approval. 2) The Conditional Use must be consistent with the intent of the Comprehensive Plan and the policies therein . The 1979 Comprehensive Plan identifies the area surrounding the subject property as a high density residential area. There are no specific goal or policy statements within the residential component of the Plan that specifically address group living facilities in general or family shelters in panicular. The general Plan goals state: Goals 1 . Maintain Englewood as a full service community 2. 3. 4. 5 . 6. 7. Insure a balance among the residential, industrial and commercial area of the City of Englewood Maintain the residential neighborhoods as the cornerstone of our community Provide the environment necessary to maintain a stable population Suppon a high-density activity center within downtown Englewood Develop our waterways as a unique natural feature Encourage projects of regional concern in such areas as mass transponation and air pollution abatement The proposed shelter specifically addresses two of these goals. The proposed shelter will pro- vide an environment that will help maintain a stable population by allowing displaced families to remain in the community until their circumstances impro ve. The proposed shelter will also address the regional concern of homelessness by providing a service that is now only available outside of the City of Englewood or Arapahoe County. 3. The relationship of the Conditional Use to its surrounding area shall be considered in order to minimize adverse effects to both the existing and future de velopment indicated by the Comprehensive Zoning Ordinance , by traffic circulation, building height or bulk. lack of screening , or intrusions of pri vacy. noise , light, impact on housing , school s. public utilities , or go vernmental services. The subject property is located in an area that is fully de veloped and the Comprehensive Plan do es not indicate a ne ed for a change in the existing land us e patterns . 3 • • • 4 . The number of off-street parking spaces shall not be less than the requirements of Section 16-5-5 of this Ordinance unless evidence presented to the Planning Commission would justify the reduction of off-street parking requirements. Section 16-5-5 Private Off-Street Parking Standards requires a group living facility to provide one parking space per three resident beds plus one parking space for each three employees. The applicant is proposing fifteen parking spaces leased from adjacent property owners. 5. The Conditional Use shall meet all other applicable provisions of the Englewood Munici- pal Code. The only other provisions of the Municipal Code that apply to this proposed Conditional Use are those of the building and life safety codes. These will be addressed as a part of the building permit review process associated with the interior remodeling to be carried out by the Applicants. 6. Other factors which, in the opinion of the Commission, will protect, and promote the health , safety, and welfare of the citizens. The Staff has identified one additional issue that bears directly upon the proposed Conditional Use. The Conditional Use regulations specijj; that such a facility be located no less than 750 feet from the nearest school. St. Louis School is only 200 feet from the proposed facility. Therefore , before seeking Conditional Use approval a variance for a reduction in the minimum distance between the proposed family shelter and St. Louis School is necessary. On December 8. 1999, the applicant presented a variance request to the Board of Adjustment and Appeals to reduce to required separation between a large/special group livingfacility and a school from 750 feet to 200 feet. This public hearing was continued until January 12 , 2000 to allow time for several written opinions from the City Attorney that was requested by the Board. Likewise. the Board also delayed their decision pending the outcome of the Conditional Use case before Planning and Zoning Commission. Mr. Stitt testified that when he reviewed the 1979 Comprehensive Plan, he found no reference to group homes, or group living facilities, in the entire document. Mr. Stiu stated that there are a number of homeless families in the metro area, many of whom are provided shelter in Denver. The issue of homelessness is a regional concern, and is not applicable to only the core city . Mr. Stitt stated that the neighborhood surrounding the subject site is fully devel- oped. The W ACHA will have to secure parking spaces for a minimum of 15 vehicles to com- ply with the off-street parking requirements. Mr. Stitt stated that he understood WACHA is addressing the requirement. Mr. Stitt stated that WACHA is fully aware that all applicable codes and ordinances -building code, electrical and plumbing codes, and fire codes -must be met prior to opening for business. Mr. Stitt testified that during the course of the Board of Adjustment hearing, the issue of im- pacts generated by this use on the adjoining neighborhood was an issue. Staff is of the opinion that, yes, impacts will be generated, but that this particular proposed use is consistent with the 4 • • group living facility ordinance, consistent with the intent of the Comprehensive Plan, and pro- vides important services to a segment of the population in need. Mr. Welker asked the classification of the detox center. Mr. Stitt stated that he has reviewed all records available, and has been unable to determine how the detox/substance abuse center was allowed . He stated that it is his understanding that Arapahoe House was determined to be a "public facility", and this reasorung allowed the use. Mr. Stitt stated that he also understood the Arapahoe House has been operating from 3301 South Grant Street since the late 1970's. The City was in favor of Arapahoe House, and did , at one time, contribute financially to the support of the center. Mr. Stitt emphasized that Arapahoe House, operating as a detoxification and substance abuse center, has been operating from this location for 20+ years . Mr. Stitt stated that the group living facilities ordinance does provide for non-conforming status for fa- cilities that were in existence when the group living ordinance was adopted (December , 1999). Mr . Welker asked about the application of the group living ordinance to the detox center as well as the family resource center . Does the Commission need to consider a conditional use designation for the detox center , and does not the group living facility ordinance require that all group living facilities be registered with the City. Mr . Stitt stated that, based on a memo- randum distributed to Commission members prior to commencement of the Hearing from As- sistant City Attorney Reid , the Arapahoe House will be considered a non-conforming use in terms of the group living facility ordinance; the issue before the Board of Adjustment will be two-fold: distance requirements between a group living facility and a school, and a distance requirement between two group living/group treatment facilities. Mr . Welker asked about the impact that Arapahoe House has had on the immediate neighbor- hood ; what is their "track record " regarding trouble calls , etc. Mr. Stitt stated that he does not have a record of "trouble calls " to the Police Department, but noted that the Police presence at this facility would be quite high inasmuch as it is the police officers who typically deliver in- toxicated individuals to the center. Mr. Stitt stated that while there may have been an impact on the immediate neighborhood , the center has been beneficial to the community as a whole. He stated that there have been verbal reports of inebriated individuals wandering around the neighborhood , or being found where they should not be , but he suggested that perhaps resi- dents of the immediate neighborhood could testify regarding these instances. Mr. Weber asked where the required parking will be located. Mr. Stitt stated that the appli- cant will provide testimony regarding the parking . Ms . Lathram asked what the surrounding development is. Mr. Stitt stated that the proposed site is in a neighborhood with a church , a parochial school , single family and high density resi- dential use , and a service club facility in close proximity. Mr. Welker announced that he has in hand a copy of the Certification of Posting , and proof of publication of the Public Hearing. Mr. Welker that the written opinion from Assistant City • Attorney Reid be made a part of the record of the Hearing. 5 • • • Mr. Welker stated that he will call upon people to testify from a sign-in list which was earlier circulated. He reminded all members of the audience they will have to be sworn in prior to giving testimony, and that testimony given and questions asked must be directed to members of the Commission and not to staff. Mr. Welker stated that after all testimony has been received, the Commission may close the Public Hearing, may continue the Hearing to a date certain, may render a decision this evening, or may table the issue to a date certain and render a deci- sion at that time. Marty Gilbert was sworn in. Ms. Gilbert stated that she is in favor of using the subject prop- erty at 3301 South Grant street as a family resource center. Ms. Gilbert stated that there is a need to provide shelter for homeless families in the western Arapahoe County area. She stated that she works with Arapahoe/Douglas Works, and has worked with WACHA for the last few years to locate a site suitable to house homeless families. The structure at 3301 South Grant seems to be the best one WACHA has been able to find. Ms. Gilbert stated that WACHA is developing programs to address the issue of homelessness, and they would like to have ap- proval for the family resource center at this site for at least one year. Ms. Gilbert stated that she was aware of issues that still need to be resolved, but expressed optimism that concerns may be addressed and resolved to the satisfaction of all. In response to a question from Mr. Willis, Ms. Gilbert stated that she is a 40 year resident of Englewood; she resides in the 2700 block of South Acoma Street. Tina Podolak was sworn in. Ms. Podolak stated that she is Director of the Sheridan Family Resource Center, and is affiliated with the WACHA. Ms. Podolak stated that WACHA is a grass roots organization composed of membership from Englewood, Sheridan, and Littleton . She works through the Sheridan Schools, and testified that school personnel become aware early on of families and children in crisis situations. School personnel refer families in need of housing to the Sheridan Family Resource Center , to Inter-faith Task Force , or to WACHA for assistance. Ms. Podolak stated that there are a lot of families that are homeless, or on the "very edge of being homeless". There are many factors contributing to homelessness: hous- ing prices have skyrocketed, illness , loss of employment -any of these causes could be cata- strophic for anyone to deal with, and sometimes families are hit with all of the cited causes, or more . Homelessness affects a larger population than those afflicted with mental illness, alco- holism, or substance abuse . One of the goals for WACHA, in addition to providing a warm shelter for the homeless families, is to provide a sense of stability for children -try to keep them in school, keep the family together, and give them an opportunity to get back on their feet. Ms. Podolak cited several sites viewed as a shelter; many of these sites were too iso- lated, or were financially unrealistic for WACHA. The family resource center needs to be reasonably close to the organizations who will be providing the assistance to the resident fami- lies. Ms . Podolak stated that WACHA has been actively looking for a location for a family resource center for two years, and the structure at 3301 South Grant Street meets the criteria for their program. Ms. Podolak stated that families offered shelter at this site will be referred through the WACHA organization -no walk-in clients will be accepted . Ms. Podolak stated that WACHA has goals of trying to help families in job support, training, and parenting classes, among other forms of support. The minimum stay at the family resource center will 6 • • • be three months; other shelters have found that 45 days isn't really long enough for a family to get back on their feet. The intent of the program is to assist the family to get into "transitional housing" once they leave the shelter. Ms. Podolak noted that a lot of families in need are liv- ing in cars, or have been placed in motels. Ms. Podolak commented on the "negative feeling" that an assistance provider experiences when they take a family to one of the motels on South Broadway, or on South Santa Fe Drive, for temporary housing. Ms. Podolak stated that WACHA is working with the local neighborhood, they are encouraging formation of a local task force with neighborhood participation to oversee the family resource center and address neighborhood concerns. WACHA is working with the police department, the Neighborhood Watch Program, Englewood Recreation Department, Tri-County Health, Arapahoe County Mental Health, Inter-Faith Task Force, and other organizations to address the needs of the homeless families. Ms. Podolak presented to the Commission a letter from the Salvation Army offering to allow the Family Resource Center use of 15 parking spaces at the Salvation Army site at 101 West Floyd A venue. She indicated that W ACHA is also negotiating for parking spaces at several other sites -one of which is directly across Floyd A venue from St. Louis School, and one site is at Hampden and South Sherman Street. Ms . Podolak stated that the shelter will have a "no tolerance" policy on drugs and alcohol use, and if family members cannot abide by those rules, the family will be asked to leave. Families will be made aware of the various rules and regulations prior to location in the shelter. Ms. Podolak presented the Commission with copies of the floor plan for the shelter. She testi- fied that this structure was formerly used to provide housing for nuns at St. Louis School. There are 15 small bedrooms on the top floor, each room is equipped with a small sink. Toilet facilities will be shared by families. Ms. Podolak stated that the detoxification center now op- erates on Friday evening from 7 p.m. to 7 a.m. on Saturday morning; from 7 p .m. Saturday evening to 7 a.m. on Sunday morning . Clients that are brought into the detox center are tri- aged out to other locations within 20 to 30 minutes average. The programs for the family re- source center and for the detox center will be separated; there will be separate entrances for both uses. Ms. Podolak stated that WACHA is working with a network of churches, and are trying to provide mentoring assistance to families. They are also working with principals of the various Englewood area schools -Bishop, Charles Hay, Flood Middle School, etc. Ms. Podolak stated that the Colorado Department of Education does provide funds for the education of homeless children. Ms. Podolak cited a family that became homeless early this year; they had lived in their rental home for five years, but on a month-to-month basis. The husband/father had been employed at the same job for four years; they had 3 children and a new baby expected. The landlord gave them notice to vacate the rental housing, and the family was moved to the 4-U Motel, costing over $1,000 per month. They applied to Inter-faith Task Force for assistance but were denied because they were housed in a motel. The husband/father was laid off from his job, and the new baby was born. The family could no longer keep up payments on their car, and lost the 7 • car. The man is still unemployed ; the family is waiting on the lottery for Housing Authority housing assistance. In November, the family did receive $400 in motel rental assistance. Ms. Podolak stated that there is no long-term plan in place to provide assistance to families like the one she cited. She reiterated the list of agencies and departments she has contacted, and emphasized that the Englewood Housing Authority has indicated a willingness to work with WACHA. WACHA wants to be a member of the Englewood Community, and be a good neighbor . Ms. Lathram asked if only families would be allowed in the family resource center. Ms. Po- dolak stated that the shelter will be restricted to family use only, and those families must be "referred" to the shelter -they may not "walk-in" and expect services. Ms. Podolak stated that initial estimates on the number of people that could be sheltered at the site was 50, but the building may not accommodate that many. She pointed out that the bedrooms are quite small, and for families with several children , two bedrooms may be required. There will be 24 hour supervision, staff maintenance and management personnel on site. There will probably be at least three staff people on site at all times. Ms. Lathram noted that Ms . Podolak had indicated a minimum stay of three months ; is there a maximum length of time. Ms. Podolak stated that a maximum length of stay has not been de- lineated; a lot of it will depend on the willingness of the family to cooperate and address their needs with a goal of ultimately getting back on their feet, into transitional housing , and then • become fully self-supporting . • Mr. Weber asked what constitutes a family. Ms. Podolak stated that a family would be at least one responsible adult with a child or children. It can be a one parent family , or a two parent family , but children must be part of the equation. Mr. Willis asked about the kitchens and service rooms on the first floor. Will meals be pro- vided , who will do the preparation, etc. Ms . Podolak stated that cooking will be done by the residents. She reiterated that there will be shared bathrooms, and that problems may arise on the sharing of such facilities; this is the reason for the 24-hour supervision. Mr. Welker asked about play areas and activity centers for the children. Ms. Podolak stated that there is a small fenced area at the rear of the property. There is a public park three blocks to the north of the site . A play room could also be developed on a portion of the first floor. Mr. Welker asked about the security for the upper two floors to be occupied by the families. Ms. Podolak stated that there is one entrance on the east side which will be to the family re- source center; the other door will be used only in case of fire . There is a separate entrance on the north side which serves the clients of the detox center. Mr. Welker asked if it was the fact that 3301 South Grant Street is in close proximity to shop- ping and public transportation, or is it the type and configuration of the building that attracted WACHA to this site. Ms . Podolak stated that both the location and building itself make it a 8 • • • very good site for the family resource center. The proximity to Broadway is a very important element in choosing the site. Ms. Lathram noted that there are shelters in Denver, and asked what impacts those shelters have had on the adjacent neighborhood. Ms. Podolak stated that there are a number of shelters in Denver , and many of them are . located in close proximity. She did not address impacts on adjacent neighborhoods. Mr. Rininger asked about the screening process the families must go through prior to referral to the family resource center. Ms. Podolak stated that investigation of substance abuse, crimi- nal activity , financial status will be part of what families have to go through. She emphasized that the total program has not been finalized; they are seeking assistance from the neighbor- hood , church, and schools to develop the program so that it will work for this neighborhood. Mr. Welker asked what interaction WACHA has had with the St . Louis School. Ms. Podolak stated that W ACHA had a meeting with representatives of the Archdiocese earlier this date , and thinks that many of the concerns have been resolved. Mr. Weber asked if this will be a non-smoking facility; if so , where will pe ople who want to smoke go. Ms. Podolak stated that the facility will be non-smoking, and that those desiring to smoke will have to go outside; there is a small area in the backyard where they could smoke . Mr. Weber asked if this would bring members of the families into "interaction " with detox cli- entele. Ms . Podolak acknowledged there may be some interaction in this scenario , but pointed out that those wanting to smoke do have rights . She suggested there may be need to have more supervisors on duty during the times of interaction . Mr. Willis asked for clarification on how a family gets into the shelter. Ms. Podolak stated that families ask for assistance through the schools and Inter-Faith Task Force; names of fami- lies in crises would be referred to W ACHA who would do the assessment and investigation before referral of the family to the shelter . Case managers are assigned to families and typi- cally follow a family's progress through the system. Ms. Lathram asked if the plan is to have the shelter filled at all times. Ms. Podolak stated that the shelter will , most probably , be filled at all times . Mr . Welker asked if W ACHA is planning to provide food assistance for the families in the shelter. Ms. Podolak stated that WACHA does have a budget for food. Mr . Rininger asked if any medical personnel will be on duty at the shelter . Ms . Podolak stated that medical personnel will be on-call. Mr. Weber asked if this shelter accept overflow from other jurisdictions . Ms. Podolak stated that WACHA has focused on western Arapahoe County homeless families. Mr. Weber asked how families are prioritized for referral/acceptance to the family resource center. Ms. Podolak indicated this will have to be resolved by case workers . 9 • • • Mr. Welker noted that Ms. Podolak stated that the stay for families is anticipated at three months minimum, yet reference has been made to "cycling" families through the system. He asked for clarification. Ms. Podolak stated that they do not anticipate a high turn-over of families; however, some families may move through the system more quickly and be able to move into transitional housing; other families may not want to abide by the rules and regula- tions and will be cycled out for that reason. Other families may not make an effort to take ad- vantage of the training and opportunities for betterment that are offered, and will be cycled out. Ms. Podolak noted that in some municipalities, homeless families are moved to the top of housing assistance waiting lists. Mr. Welker asked if he understood correctly that the "need" is based on the existence of a "child" or "children" as part of the family unit. Mr. Rininger stated that he understood that no adults without children will be allowed in the family resource center. Ms. Podolak stated that the key to acceptance is a child or children in the "family". Mr. Welker asked about provision of day care for parents who obtain jobs, and need to have day care. Ms. Podolak stated that day care may not be provided at this location; however, there may be cases of one parent watching the child/children of another parent. It will not be organized daycare, however. She noted that some churches offer child care, and there are be- fore and after school day care programs offered at public schools . Mr. Willis asked about the other locations investigated by W ACHA. Ms. Podolak stated that they had investigated purchase and remodel of a motel; this was financially unfeasible. One site was in the extreme southern part of the County -the site was too far from the organiza- tions providing support for the families and children and was very isolated. Ms. Podolak commented on the good location of the subject site -proximity to shopping and public trans- portation as well as school and recreational areas. Ms. Podolak also emphasized the degree of community support that the proposal has garnered. She asked that the Commission give favor- able consideration to the request. Mr. Welker called on Jim Hanifen; Mr. Hanifen stated that he is in support of the proposal, but that any comments he would make would be redundant. Donna Barr was sworn in, and testified that she is the Director of Real Estate for the Archdio- cese of Denver. Ms. Barr stated that she is not a member of the St. Louis parish, but she does work for the Archdiocese. The pastor of St. Louis, Reverend Reycraft, had a conflicting meeting and could not be in attendance this evening. Ms. Barr stated that members of the Archdiocese did meet with Ms. Podolak earlier on this date, and did resolve many concerns. Ms. Barr read the following memorandum into the record. "MEMORANDUM To: City of Englewood Planning and Zoning Commission 10 • • From: Rev. Robert J . Reycraft Pastor , St. Louis Catholic Church Date: January 4, 2000 Subject: Case #CU 2000-01 Conditional Use -Group Living Facility, 3301 South Grant Street Applicant -Western Arapahoe County Homeless Alliance This memorandum is written to express the viewpoint of St. Louis Catholic Parish and School regarding the above-referenced matter before the Planning and Zoning Commission. Repre- sentatives of St. Louis Parish have recently had the opportunity to meet with representatives of the Western Arapahoe County Homeless Alliance to discuss the proposed group living facility at 3301 South Grant Street. Based upon the information shared in those discussions, St. Louis Parish supports the operation o f a residential family resource center at this location with the following conditions , which we understand are acceptable to the applicant: 1. 2. The family resource center will be staffed on site at all times -twenty-four hours per day , seven days per week -with the appropriate supervisory person- nel employed by the applicant or other entity operating the facility . Families occupying the family resource center will be accepted only with intake screening upon the basis of a referral from an appropriate agency . There will be no "walk-in " assistance available. 3. A neighborhood task force will be formed to include representatives of various neighborhood interests to assist and advise the family resource center. At least one representative from St. Louis Parish will be on that task force . 4. If granted , the Conditional Use will only extend to the use presently requested by the applicant and will terminate if the use of the property changes substan- tially . 5. The Detox Triage program currently operated at the facility by Arapahoe House will have a separate entrance from the entrance to the family resource center. In addition, the clientele of the detox program will not have interior access to the family resource center areas of the building and vice versa . Thank you for your consideration of this input into your deliberations . St. Louis Parish looks forward to a positive relationship with the family resource center as a neighbor and certainly supports their efforts throughout Western Arapahoe County to meet the needs of those less • fortunate families in our community ." 11 • • Mr. Willis asked if Ms. Barr was speaking on behalf of the Church or the school. Ms. Barr responded that she was addressing the Commission on behalf of the Church and the school. .. William Lesage was sworn in. Mr. Lesage testified to his attendance at St. Louis School through the gm grade. He stated that as a student, he was not afraid of, nor was he ever threat- ened by, any of the clientele at Arapahoe House. The students walked by Arapahoe House all the time. Mr. Lesage further testified that he had never heard of any problems caused by Ara- pahoe House clients. Tammy Mulligan was sworn in. Ms . Mulligan testified that she is program director for the Inter-Faith Task Force. IFTF is where families have come to get help in the past, but the problem of homeless families has increased and does have an impact on this community . Ms. Mulligan testified to the need to have a site where homeless families can be housed while they try to get back on their feet. If the families are sent to Denver to be housed , the youngsters are pulled out of their local school, causing further instability and disruption to their lives. If there is an opportunity to provide housing for the homeless families in a local community , this help should be provided . Ms. Mulligan stated that the full program for the family resource center is st ill in development stages . Ms . Mulligan stated that if a famil y had come to IFTF for assis- tance previously, and returns seeking assistance for homelessness , the IFTF staff could do the assessment and background checks on the family and refer them to the local shelter; this would not be sending a "problem " to another municipality to handle. Ms. Mulligan stressed the im- portance of "follow-through " with the families that need assistance. The goal is to give these families the opportunity and time to stabilize . Families will be followed by a case manager through the time they are housed within the family resource center , and then moved into tran- sitional housing. Mr. Rininger asked details of the "assessment". Ms . Mulligan stated that the assessment proc- ess would include a background check , investigation of financial status , drug/substance abuse dependency, criminal activity, and mental health. Tracy D 'Alanna was sworn in. Ms. D 'Alanna testified that she is an Englewood resident , but does not reside in this particular neighborhood . Ms . D ' Alanno testified that she has been working on the homeless issue for the past 10 years; there are an estimated 3,000 families that are homeless in the Denver metro area, and these families have over 1, 900 children. There are no facilities in the western Arapahoe County area to assist families that have become homeless . Many times the fact that a family becomes homeless leads to "uprooting" of the en- tire family -children are removed from a familiar educational setting , are moved from familiar neighborhoods and friends . Ms. D' Alanno emphasized that this area really does have a big need for a family resource center/homeless shelter facility . Mr. Welker asked if the in-take process would be done locally. Ms. D 'Alanno stated that contacts are usually from schools, and that families are then processed and referred by W ACHA. A lot of the paperwork will be filled out at the homeless facility itself, following an • initial 30 to 45 minute interview/processing session off-site. 12 • • Kris Black was sworn in. She testified that she is the Principal at the Sheridan Early- Childhood Center. She testified that a homeless shelter has been located approximately two blocks from the Early Childhood Center for the last two winters. Families located in this par- ticular homeless shelter must leave that shelter by 7 a.m., and cannot return until 6 p.m. Yes, she saw a number of homeless families walking in the neighborhood, but they were typically walking the children to school; the youngsters had a good attendance record -they are warm and sheltered in a school setting, and the schools provide before and after school care for chil- dren enrolled there. Did the children of the homeless families use the play ground facilities? Yes, but there were no problems. Ms. Black emphasized that these are families "like yours and mine, but they don't have a home." Ms. Black acknowledged that there have been some problems, but that the parents have been cooperative; she reiterated that children from these families had good school attendance records. She stated that she has found homeless families to be good neighbors, and the parents are very protective regarding schooling opportunities for their children. Martha Rogers, Englewood Public Schools Interagency Committee , was sworn in. Ms. Rogers testified that the is the City service liaison with the Englewood School District, and has also worked with homeless families. Ms. Rogers stated that the School District is supportive of the proposed family resource center, and believes it will be a very successful undertaking, providing needed services to families. Ms. Rogers stated that community-wide support is sur- rounding this effort. She testified regarding the composition of the Interagency Committee, noting that there are representatives from Social Security, Tri County Health , Inter-faith Task Force, Arapahoe Mental Health, Clayton, Hayes, Maddox, and Bishop elementary schools, Englewood High School, CHFA, the Englewood Housing Authority , Englewood Police De- partment, Arapahoe/Douglas Works -everyone supportive of the family resource center. Betty Krapfl was sworn in. Ms. Krapfl testified that she is on the board of directors for a non- profit agency, and the IFTF Hospitality network. Ms. Krapfl testified to the efforts of the non- profit agency to work with homeless families, noting that they can care for only four or five families at one time. The "guests" are allowed to stay with one congregation for a week, and then transported to another congregation. Ms. Krapfl stated that planning for the non-profit agency program began in 1995, and they have been doing this for two years; she discussed the need to convince members of the congregation on the need for homeless shelters, and that families do have children in need of housing. Ms. Krapfl stated that she feels this proposal is very exciting -up to 15 families may be housed in one shelter. Bonnie DeHart was sworn in. Ms. DeHart stated that she is affiliated with the Arapahoe County Social Services Childcare Assistance Program. Ms. DeHart stated that it is a mandate that all who seek assistance must be employed. There is a serious housing crisis, and offering shelter for a week or two does not "stabilize" families experiencing a housing crisis. The pro- gram proposed by W ACHA will provide stability, and enable families to take the steps to get into transitional housing. Ms. DeHart stated that she sees a great need for this service in west- ern Arapahoe County. She testified that her organization can provide low-income, working • families, childcare assistance, and can help pay for before and after school childcare. Ms. 13 • DeHart stated that she is working with W ACHA to develop the program for the family re- source center. Mr. Welker asked if there were funds available in the Arapahoe County Social Services budget to provide financial support of the family care center. Ms. DeHart stated that financial support is under discussion. Mr. Welker then called on Jean Carlberg, Debby Pool, and Jim Curran. All declined to ad- dress the Commission, but indicated they were supportive of the proposed family resource center . Dolores Curran was sworn in. Ms . Curran testified that she is a parent/educator and works at Samaritan House in Denver. She testified that the homeless families are very normal families, with very basic needs . The proposed resource center would offer an opportunity to gain addi- tional or better skills through training programs , as well as providing shelter to the family . Frank Sargent, M .D., was sworn in. Dr. Sargent testified that he has practiced medicine in the area for approximately 29 years. He testified that in his opinion , Arapahoe House has been very beneficial to the community . He is involved with IFTF and with the Rotary Club ; he is supportive of the family resource center. Dr. Sargent testified regarding the IFTF "Ladder to Success program", which provides education, day care, mentoring , job placement , and housing assistance. He stated that housing is a very important element. Dr. Sargent felt this program • can become a "model program ", and other organizations can follow WACHA's program. • Randy McGill was sworn in. Mr. McGill testified that he is the executive director of the Den- ver Metro Homeless organization . He stated that the need for family shelters and services metro-wide is serious . This program by W ACHA will be unique , and W ACHA is capable of making this a model facility . Mr. McGill reminded members of the Commission of recent newspaper articles regarding the City of Boulder opening city offices to homeless use after work-hours . Mr. McGill stated that the structure at 3301 South Grant is great for the proposed family resource center , and urged the Commission to grant approval. Molly Markert was sworn in. Ms. Markert testified that she is affiliated with a metro commu- nity provider network, and works with families in shelters. The provider network assists peo- ple who do not have health insurance. Ms. Markert stated that she supports approval of the proposed family resource center. Ms. Markert noted that a couple of other ladies had been present in support of the facility, but have had to leave the meeting. Mr. Welker called on David Fine . Mr. Fine stated that he is the attorney for WACHA; he is in support of the proposed facility, but has nothing to add to what has already been said . Mr. Welker called on Bill Clayton. Mr. Clayton stated that he is supportive, and his com- ments would be redundant . 14 • • • Mr. Welker called on Dotty Nittler , Roger Nittler, Peg Brown and Katherine Haskins ; all indi- cated support but that their comments would be redundant. Mr. Welker asked if anyone else wished to speak in favor of the proposed family resource center . Reverend Ed Judy was sworn in. Reverend Judy stated that he is the Director of the Samaritan House in Denver, and has worked with that shelter for 10 years. Reverend Judy stated that Samaritan House allows the homeless to stay a minimum of 30 days, and a maximum of 90 days. Reverend Judy suggested that a minimum stay of 90 days would provide an improved opportunity to work with the homeless and better address their issues. Reverend Judy pro- vided further testimony regarding the Samaritan House program, including distribution of mo- tel vouchers between the hours of 5 p .m. and 9 p .m. The City and County of Denver spends about $250 ,000 per year for the motel vouchers. Reverend Judy stated that Samaritan House also allows single men and women in their facility. Reverend Judy stated that he feels the pro- posal advanced by WACHA will be preferable to the motel vouchers. Reverend Judy stated that the Samaritan House receives six or seven calls per day asking for housing assistance; there is no shelter space available. Reverend Judy stated that he had no doubt that Arapahoe County will be able to fill the proposed shelter . Mr. Willis asked what kinds of problems have been encountered with individuals seeking as- sistance at Samaritan House. Reverend Judy stated that substance abuse is a problem , poor parenting skills is another problem -there is a broad spectrum of issues that can be problem- atic . If individuals are not cooperative and participate in efforts to improve their situation, they are allowed to stay only 30 days. The Samaritan House also has a no tolerance policy , and the rules and regulations are explained to clients up front; however , there are individuals who choose to not abide by those rules and regulations. Mr. Rininger asked about negative impacts Samaritan House has on the adjacent neighborhood. Reverend Judy stated that there is the stigma associated with homelessness itself, plus the stig- mas of substance abuse and mental illness . Also, people do not like to see obviously homeless people congregating at any one location, or walking up and down the street. Mr. Welker asked if anyone else wished to address the Commission in favor of the family re- source center. No one else addressed the Commission in favor. Mr. Welker asked if anyone in the audience wished to address the Commission in opposition of the family resource center. No one addressed the Commission in opposition . Mr. Welker asked that Ms. Podolak approach the podium . Mr. Welker referenced the memo- randum received from the Archdiocese of Denver, and the five conditions set forth in that memorandum. Are the five conditions acceptable to WACHA. Ms. Podolak stated that the five conditions are acceptable, and WACHA has no objections to them . Mr. Welker asked for a motion to close the Public Hearing. 15 •• • • Rininger moved: Latbram seconded: The Public Hearing on Case #CU 2000-01 be closed. AYES: NAYS: ABSTAIN: ABSENT: Rininger, Weber, Willis, Lathram, Welker None None Ransick, Stockwell, Douglas, Hayduk The motion carried . ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Chairman Welker declared a brief recess of the Commission. The meeting reconvened at 9 :2 5 p .m. Present : Absent : Weber, Willis , Lathram , Rininger , Welker Stockwell , Douglas, Hayduk , Ransick ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Mr. Welker asked the pleasure of the Commission. Commission members considered the cri- teria set forth for Conditional Use approval, and discussed each stipulation . Mr. Weber stated that the parking agreement with the Salvation Army for use of the lot at 101 West Floyd Avenue , is not acceptable in his opinion . This location exceeds the 400 foot re- quirement specified in the Zoning Ordinance . Mr. Weber also questioned whether 15 spaces is sufficient; this would provide no parking spaces for staff members required working at the family resource center , nor will there be spaces provided for any visitors of clients of the fam- ily resource center. Discussion ensu,ed. Mr. Stitt cited a provision in the Group Living Fa- cilities ordinance which requires that the City make "reasonable accommodation " in some in- stances to permit housing for certain protected groups. Ms. Reid expressed her opinion that homeless people are not a "protected class " of citizenry, and that this provision will not apply. The City Manager can authorize reduction of required parking by no more than one space; any further reduction would have to be accomplished by action of the Board of Adjustment & Ap- peals . Further discussion ensued . The consensus of the Commission is that a minimum of 15 off-s treet parking spaces must be provided for the family resource center; these spaces do not all have to be provided on the same site . It was also pointed out that provision #5 , the Condi- tional Use shall meet all other applicable provisions of the EMC, will, in fact, require compli- ance with off-street parking requirements, as well as building and safety codes, and fire codes . Separation of the detox center from the family resource center was discussed. The reduced hours of operation for Arapahoe House were noted. Separation of the Arapahoe House opera- tions from the family resource center were also discussed; limited interaction between clients of both establishments was discussed . Ms. Lathram pointed out that clients of Arapahoe House are at that location for a very limited amount of time, and there will be very little opportunity 16 • • for interaction between the clients. Ms. Lathram also cautioned against stereotyping clients of Arapahoe House as well as clients of the family resource center. Lathram moved: Rininger seconded: The Planning Commission approve the application filed by the Western Arapahoe County Homeless Alliance for Conditional Use at 3301 South Grant Street, to use the premises as a large special group living facility. The Commission finds that the application by W ACHA for Conditional does meet the requirements of a Conditional Use as hereinafter cited. 1. Uses Permitted . The use must be permitted as a Conditional Use in the zone district in which it is proposed to be located. Group living facilities may be authorized by the Planning and Zoning Commission in the R-3 Zone District as provided for in Section 16-4-12-1 A, which permits small treatment centers and large/special group living facilities only with conditional use approval. 2. The Conditional Use must be consistent with the intent of the Comprehensive Plan and the policies therein. The 1979 Comprehensive Plan identifies the area surrounding the subject property as a high density residential area . There are no specific goal or policy statements within the residential component of the Plan that specifically address group living facilities in general or family shelters in particular. The general Plan goals state: Goals + Maintain Englewood as a fall service community. + Insure a balance among the residential, industrial and commercial area of the City of Englewood + Maintain the residential neighborhoods as the cornerstone of our community + Provide the environment necessary to maintain a stable population + Support a high-density activity center within downtown Englewood + Develop our waterways as a unique natural feature + Encourage projects of regional concern in such areas as mass transportation and air pollution abatement. The proposed shelter specifically addresses two of these goals. The proposed shelter will pro- vide an environment that will help maintain a stable population by allowing displaced families to remain in the community until their circumstances improve. The proposed shelter will also address the regional concern of homelessness by providing a service that is now only available outside of the City of Englewood or Arapahoe County. 3. The relationship of the Conditional Use to its surrounding area shall be considered in order to minimize adverse effects to both the existing and future development indicated by the Com- • prehensive Zoning Ordinance , by traffic circulation, building height or bulk , lack of screen- 17 • • • ing, or intrusions of privacy, noise, light, impact on housing, schools, public utilities, or gov- ernmental services. The subject property is located in an area that is fully developed and the Comprehensive Plan does not indicate a need for a change in the existing land use patterns. 4. The number of off-street parking spaces shall not be less than the requirements of Section 16-5-5 of this Ordinance unless evidence presented to the Planning Commission would justify the reduction of off-street parking requirements. Section 16-5-5 Private Off..Street Parking Standards requires a group living facility to provide one parking space per three resident beds plus one parking space for each three employees. The applicant is proposing fifteen parking spaces leased from adjacent property owners. 5. The Conditional Use shall meet all other applicable provisions of the Englewood Municipal Code. The only other provisions of the Jvfunicipal Code that apply to this proposed Conditional Use are those of the building and life safety codes. These will be addressed as a part of the building permit review process associated with the interior remodeling to be carried out by the Applicants. 6. Other factors which, in the opinion of the Commission, will protect, and promote the health, safety, and welfare of the citizens. The Staff has identified one additional issue that bears directly upon the proposed Conditional Use . The Conditional Use regulations specify that such a facility be located no less than 750 feet from the nearest school. St. Louis School is only 200 feet from the proposed facility . Therefore , before seeking Conditional Use approval a variance for a reduction in the minimum distance between the proposed family shelter and St. Louis School is necessary. Discussion ensued . Mr. Willis noted that the period of time a homeless family is sheltered at the family resource center when they are being provided educational skills, is also a period of time when "common sense" skills should be stressed. Ms. Lathram suggested that the City does not want to "dictate" what skills should be required, and that probably all of this will be overseen by the individual case manager. Mr. Willis stated that he is not interested in "dictat- ing", but is of the opinion that the common sense approach needs to be cited and included in the scope of needs to be addressed. Further discussion ensued . Mr. Welker commented on the depth of the public support for the proposed family resource center as evidenced at this Hearing. He stated that, in his opinion, this homeless family shelter can be of help to the schools, to IFTF, and certainly of assistance to homeless families in this sector of Arapahoe County. He stated that, in his opinion, there is a tremendous amount of good that can come from this proposal, and that the good outweighs any problems of proximity to the detox center. 18 • • • Mr. Weber stated that he does not want to see this use become just a "homeless shelter"; it must be restricted to use for "homeless families". Mr. Rininger stated that he felt the referral aspect of the proposed family resource center is an important aspect; walk-in homeless will not be accepted. Ms. Lathram stated that she felt the formation of the neighborhood task force as proposed by the applicant will be very important to the success of the family resource center. Discussion on the constitution of a "family" ensued. Mr. Welker asked Ms. Podolak what WACHA determines to be a "family". Ms. Podolak stated that at least one adult caregiver and one child is required to meet WACHA's definition of "family". The Commission agreed that this definition of "family" is appropriate for the family resource center. The Commission then reviewed the five criteria cited in the memorandum prepared by the Archdiocese, and signed by Reverend Robert J. Reycraft. The Commission determined that the following conditions shall be applicable to operation of the premises at 3301 South Grant Street as a Conditional Use for a family resource center: 1. The family resource center at 3301 South Grant Street shall provide shelter only home- less families, and a "family" shall be composed of at least one adult caregiver and at least one child . 2. The family resource center will be staffed on-site at all times -twenty-fours hours per day, seven days per week-with the appropriate supervisory personnel employed by the applicant or other entity operating the facility. 3. Families occupying the family resource center will be accepted only with intake screening upon the basis of a referral from an appropriate agency. There will be no "walk-in" assistance available. 4. A neighborhood task force will be formed to include representatives of various neigh- borhood interests to assist and advise the family resource center. At least one repre- sentative from St. Louis Parish will be on that task force. 5. The Detox Triage program currently operated at the facility by Arapahoe House will have a separate entrance from the entrance to the family resource center. In addition, the clientele of the detox program will not have interior access to the family resource center areas of the building and vice versa. Mr. Weber asked about sufficiency of exits from the family resource center. Mr. Welker stated that this will be covered by compliance with the Fire Code. Brief discussion ensued. The vote was called on the motion to approve, with five conditions. AYES: NAYS: Rininger, Weber, Willis, Lathram, Walker None 19 • ABSTAIN: None ABSENT: Stockwell, Douglas, Hayduk, Ransick The motion carried. Mr. Welker thanked members of the audience for their attendance and participation in this im- portant issue. IV. PUBLIC FORUM No one addressed the Commission under the Public Forum section of the agenda. V. DIRECTOR'S CHOICE Director Simpson stated that he had nothing to bring before the Commission VI. ATTORNEY'S CHOICE Assistant City Attorney Reid had nothing to bring before the Commission VII. COMMISSIONER'S CHOICE Mr. Welker asked what is on the agenda for the next meeting . Staff stated that continuation of • the Hearing on Sign Code amendments is scheduled for January 18th . • There being no further business to come before the Commission, the meeting was declared ad- journed. Gertrude G. Welty , Recording Secretary 20 •• • • MEMORANDUM TO: FROM: DATE: Bob Simpson, NBD Planning and Zoning Commission Board of Adjustments Nancy Reid, Assistant City Attorney January 4, 2000 REGARDING : Non-Conforming Use in the R-3 Zone District. In general, a non-conforming use is one that is a use , which was permitted at the time it began but , because of a change in the zoning ordinance the use is no longer permitted in that zone district. The spirit of allowing non-conforming uses is to prevent a taking of the use of the property that was legal when the owner initiated that particular use. To require that use to immediately cease upon the change in the zoning ordinance would be an improper taking for which the owner must be compensated. In general , a non-conforming use may be continued until it is no longer used for that activity. The Englewood Municipal Code also provides that a non-conforming use shall not be "ex- tended or expanded ". "Extended or expanded" is defined as "any increase in the floor area or structure in which the non-conforming use is conducted or the lot area on which the non- conforming use is operated or any expansion or relocation of the non-conforming use, in whole or in part, to a different part of the building or structure." The cases also find that zoning ordinances should not be given an interpretation that would permit an indefinite continuation of a non-conforming use . Wyatt v. Board of Adjustment - Zoning of City and County of Denver , 622 P .2nd 85 (Colo. App . 1980). Colorado case law regarding non-conforming uses supports the theory that a non-conforming use should be made conforming or eliminated as rapidly as reasonably possible. Denver Police Protective Ass 'n v . City and County of Denver , 710 P .2nd 3 (Colo . App . 1985). The idea behind this theory of non-conforming uses is that uses permitted by particular zoning classification are not vested rights in that they are not rights that every person is allowed to have if they have not used them . Any subsequent zoning change is binding on everyone who owns property in that area . The only exception to that is where the owner has developed his land or his property in accordance with the prior permitted use , in which case that property , upon the change in the zoning ordinance , becomes a non-conforming use. For example , the zoning allows you to build a duplex on your lot but you only build a single-family house. If 21 • • • the zoning changes to prohibit duplexes, you have not lost any rights . But your next door neighbor who did build a duplex gets to keep it. Elam v. Albers, 616 P.2nd 2d 168 (Colo. App. 1980). While this limits some uses, stopping an expansion or enlargement of a non- conforming use is not an arbitrary or unreasonable exercise of governmental power. Wasinger v. Miller, 388 P.2nd 250 (Colo.1964). As noted in the Englewood Municipal Code, non-conforming uses can be lost for any number of reasons such as: 1. Discontinuance of the non-conforming use for a period of time as provided in the ordinance, with or without a showing of an intent to abandon, or 2. Destruction of the subject matter of the non-conforming use. For example, a structure containing a non-conforming use may be repaired but if the structure is destroyed , then it may not be replaced , E.M.C. 16-6-l(B). or 3. If a non-conforming use is discontinued for a certain period of time, in Englewood 's case it is 180 days , the non-conforming use is deemed abandoned , E.M .C. 16-6-l (E) or 4. Non-conforming use status may be lost if it is changed to a conforming use. It may not thereafter be changed back to any non-conforming use , E.M.C. 16-6-l(D) In the cases which allow for a change from one non-conforming use to another, the use nor- mally must be literally identical to the prior non-conforming use unless the ordinance clearly permits the substitution of a similar use in the same or less intensive zoning classification . We do not have that in the City of Englew od Zoning Ordinance. E.M.C. 16-6-l(C) specifically prohibi s any non-conforming use from being changed to a dif- ferent non-conforming use . In this case, we have the Arapahoe House which apparently includes an alcohol detoxification facility, offices, and storage in a three-story building. This activity constitutes a non- conforming use in this zone district. Subsection 16-6-1 (E) of the Englewood Municipal Code provides that a non-conforming use shall not be "extended or expanded". "Extended or expanded" is defined to mean "any in- crease in the floor area of the building or the structure in which the non-conforming use is conducted or the lot area on which the non-conforming use is operated or any expansion or relocation of the non-conforming use, in whole or in part, to a different part of the building or structure" (emphasis added). The second issue that arises is whether or not Arapahoe House loses its non-conforming use for two floors if they in fact rent out those two floors to a non-profit organization for purposes of a homeless shelter. In that particular instance, a reading of the ordinance shows that Arapa- hoe House would most likely lose its non-conforming use status for that part of the building which was not used for Arapahoe House's operation . 22 .. • • • The proposed homeless shelter would be a conditional use. If approved as a conditional use by the Planning and Zoning Commission, the shelter would thereafter be a "conforming use " or a use which conforms with the zoning ordinance. E.M.C. 16-6-l(D) prohibits a change back to a non-conforming use once use has been changed to a conforming use. In addition, if the use for Arapahoe House's detoxification operation was discontinued for 180 days, i.e . the condi- tional use homeless shelter was i~ operation for 180 days, under E.M.C. 16-6-l(E) Arapahoe House would lose its non-conforming use status for those two floors and would not be able to resume its operation in that area. f:\deptlnbd\group\boards\plancomm\minutes 2000\pcm 0 l-2000adoc 23