HomeMy WebLinkAbout1997-02-04 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING C01\1MISSION
FEBRUARY 4, 1997
I. CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission was called to order at 7 :05
p.m., Vice-Chair Douglas presiding.
Members present:
Members late:
Members absent:
Also present :
Horner , Tobin, Weber , Welker, Douglas, Dummer , Garrett
Simpson, Ex-officio
Mason , Cottle
None
Mark Graham, Neighborhood Community Coordinator
Tricia Langon, Neighborhood/Environmental Technician
Nancy Reid , Assistant City Attorney
Mr. Mason entered and took his chair with the Commission.
II. APPROVAL OF MINUTES.
January 21 , 1997
Mr. Mason stated the Minutes of January 21 , 1997 were to be considered for approval .
Douglas moved:
Dummer seconded: The Minutes of January 21 , 1997 be approved as written.
Ms. Tobin asked that a change be made on Page 7 , changing the word from "unsafety " to
"non-safety ". The correction to the Minutes was accepted by Mr. Douglas and Mr. Dummer.
The motion to approve the Minutes of January 21 , 1997 , as amended , was called :
AYES:
NAYS :
ABSTAIN :
ABSENT:
Tobin , Weber , Welker, Douglas, Dummer , Garrett , Mason
None
Horner
Cottle
The motion carried.
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III. ELECTION OF OFFICERS.
Chair
Vice-Chair
Mr . Mason declared the nominations for Chair open.
Ms. Tobin commented that , in her opinion , members who are required to travel frequently in
relation to their jobs , should not be elected as an officer of the Commission. Discussion en-
sued. Mr. Mason stated that he was not interested in serving another term as Chair. Mr. Gar-
rett noted that some other boards have a rotation of officers -whoever is Vice-Chair would
become Chair , and a new Vice-Chair would be elected. Mr. Mason suggested that this would
probably occur any way , and questioned that a policy needed to be established .
Mr .' Garrett nominated Bill Douglas as Chair. Mr. Welker seconded the nomination. Mr .
Mason asked if there were further nominations . No further nominations were made .
Ms . Cottle took her chair with the members of the Commission.
Mr. Mason moved that nominations be closed , and Mr . Douglas elected Chair by acclamation.
AYES:
NAYS :
ABSTAIN:
ABSENT:
Tobin, Weber, Welker , Dummer, Garrett , Homer, Mason
None
Douglas , Cottle
None
Mr . Douglas was elected Chair for 1997.
Mr . Mason declared nominations for Vice-Chair open.
Mr. Douglas nominated Mr. Homer as Vice-Chair; Mr. Weber seconded the nomination. Mr .
Mason asked if there were further nominations for Vice-Chair. No further nominations were
made.
The nominations were closed, and Mr. Homer was elected Vice-Chair by acclamation, Ms.
Cottle abstaining .
IV. COMPREHENSIVE PLAN AMENDMENT
South Broadway Action Plan
CASE #CP-97-01
Chairman Douglas stated that the Public Hearing on the proposed amendment to the Compre-
hensive Plan had been continued on January 21 , 1997 . He asked for a motion to re-open the
Hearing .
Mason moved:
Tobin seconded: The Public Hearing on Case #CP-97-01 be re-opened.
2
AYES :
NAYS:
ABSTAIN:
ABSENT:
Welker, Douglas, Dummer, Garrett, Horner, Tobin, Weber, Mason
None
Cottle
None
The motion carried.
Mr. Mark Graham , Neighborhood Community Coordinator, was sworn in. Mr. Graham testi-
fied that staff has met with various community organizations and groups , and more meetings
have been scheduled. Staff does, therefore, recommend that public testimony be taken this
evening, and the Hearing be continued to February 19th to allow time for the various groups
and organizations to consider the Plan and prepare comments to present to the staff and Com-
mission. There have been some modifications to the Plan as a result of the meetings with the
Chamber of Commerce; these modifications include clarification, adding a preface, and writing
introductions to the fact sheets and tables . Other modifications include changing wording that
was of concern to members of the community. The section addressing housing issues has been
expanded in response to the comments of many people that the types of businesses locating
along Broadway are directly related to the housing in the adjoining neighborhoods . Mr. Gra-
ham emphasized that staff has tried to address concerns that have been made known. A final
draft of the South Broadway Action Plan is anticipated to be completed and made available to
the Commission prior to the February 19th meeting. Mr. Graham stated that staff will ask that
the Commission be prepared to vote on the issue at that meeting.
Mr. Graham distributed to the Commission information that has been faxed to all the busi-
nesses along South Broadway by Stand-by Personnel. Mr . Graham noted that this flyer con-
tains inaccurate information , and appears to be "alarmist".
Mr. Graham asked that the discussion of this Hearing be focused on the South Broadway Ac-
tion Plan (SBAP), and not on any implementation steps. Mr. Graham asked that the Commis-
sion, and audience, keep in mind that the SBAP is a "vision" concept of what Broadway could
be.
Mr. Welker asked how readily available the SBAP has been to the public. Mr. Graham stated
that letters were sent to all Watch Block Captains; approximately 30 copies have been picked
up from this mailing. In addition, copies were available in the Library for viewing. Copies
are available from the Office of Neighborhood and Business Development (NBD), also.
Mr. Garrett noted that there will be several items on the agenda on February 19th, and asked if
staff anticipates there will be sufficient time to adequately consider the SBAP, re-ope~ the
hearings on the proposed regulations for temporary employment centers and pawn shops and
give these issues the attention they need. Mr. Graham suggested that the SBAP would not re-
quire that much time at the next meeting, and that there should be adequate time for the Com-
mission to proceed with the other public hearings that were continued.
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Mr. Mason asked that members of the audience refrain from demonstrations , such as applaud-
ing or booing speakers , this evening. Mr . Douglas agreed , and asked that everyone be consid-
erate of whoever has the floor .
Mr . Douglas stated that the Commission will now take public testimony .
Jim Rees , representing the Greater Englewood Chamber of Commerce , was sworn in. Mr.
Rees stated that the Board of Directors reviewed the initial draft of the SBAP , and prepared a
letter in response , which Mr. Rees read into the record . [Letter is appended to these Minutes
as part of the record.]
Brett Kaufman, 19773 East Eastman , was sworn in and testified that he works for U.S. Pawn.
Mr . Kaufman stated that many of the businesses in the SBAP corridor have been productive
members of the Englewood community for many years . Improvement of South Broadway is a
very admirable goal. Mr. Kaufman urged that the City build on the strengths of these busi-
nesses , and work to assist the businesses overcome their weaknesses.
Ms. Bev Cummins , 3057 South Broadway , was sworn in. Ms. Cummins stated that she and
her mother , who is over 85 years of age , have the Mini-Flea Market at 3057 South Broadway .
Ms. Cummins stated that they are "hassled " because they put merchandise out in front of their
business -not on the sidewalk , but under the "overhang ". This is their way of "advertising "
their merchandise. Ms. Cummins emphasized there are no guns and no drugs involved in their
business ; they have "recycled brick-a-brack " as well as new items . Ms . Cummins stated that
they are not a "pawn " operation . They provide "booths " for individuals who may have items
for sale . Ms . Cummins stated that they do not appreciate being called. "inferior " nor do they
need to be kicked out. She stated that , in her opinion , this busines s is scrutinized because they
are making a living. She and her mother have been in business for seven years. Ms. Cum-
mins stated that "it 's fine to beautify, but you can 't eat it. "
Harry Lester , Harry 's Specialty Cars , was sworn in. Mr. Lester stated that he has given the
proposed SBAP a lot of thought since the last meeting , and thinks it 's a good idea over all.
Mr. Lester stated that the fulfillment of the Plan is years away from happening. Mr. Lester
stated that he resides in an area that has a homeowner 's association and covenant control ; they
have no problem setting standards for buildings , refacing of structures , etc . Mr . Lester stated
that there are a lot of buildings along South Broadway which are not well maintained , and that
improved maintenance would "make what we have a whole lot better ". Until funds to widen
South Broadway are obtained , the City needs to encourage the property owners and business-
men to clean up their buildings and properties. Mr. Lester commented that most of the prob-
lems cited are caused by residents living in the area. He emphasized the need to . clean up their
own yard before businesses are kicked out. Mr . Lester stated that he has been on South
Broadway for 18 years , and he doesn 't intend to "go away".
John Saviers , 4169 South Broadway , stated he is an attorney representing Dillon used cars.
He stated he would reserve his comments for later in the process .
4
..
Chris Turner , 2893-95 South Broadway , was sworn in . Mr. Turner stated that he is owner of
the Magnet Inn. Mr. Turner stated that he has read the SBAP , and found a lot of positive
things in the Plan. However , he does have some problems with the proposal. Mr. Turner
suggested that the Plan is flawed in its direction and focus . Mr. Turner stated that the idea
promoted by the Plan seems to be "build it and the y will come ". Mr. Turner stated that
changing the character of businesses on South Broadway from "undesirable " to up-scale won 't
happen . Once the undesirable or incompatible uses are moved off Broadway, how will the up-
scale businesses be encouraged to move in . Mr. Turner cited statistics regarding rental units
versus home ownership in the residential community, and stated that the home ownership is
only 35 3 in this particular neighborhood (north of Hampden , west of Broadway ), which is
extremely low. Mr. Turner noted that when a business is considering sites to locate , the
demographics of surrounding neighborhoods and the community as a whole are considered . If
the demographics do not indicate that the needs of a particular business will not be met , that
business will not locate there . Mr. Turner emphasized the need to look to the neighborhoods
themselves , first ; change the statistics on home ownership versus rentals. Institute programs to
promote home ownership , and target first time home buyers . Mr . Turner reiterated the focu s
of the Plan needs to be reversed -revitalize and strengthen the residential neighborhoods first ,
and the business community will correspondingly improve. Mr. Turner noted that there are
individuals in the City who may own any number of residential units -have purchased them as
a "retirement strategy " -but maintenance of the many units owned is overwhelming , and is let
slide -the neighborhood deteriorates , but as long as minimal maintenance can assure continued
rental , major maintenance is not done . Mr. Turner stated that even though "language " is
changed , the focus of the Plan is still to change the character of the business corridor to what is
"acceptable ". Mr . Turner reiterated that once the neighborhoods are turned around , the busi-
ness community will turn around also , and the changes sought will come. Mr. Turner stated
that he finds some of the language in the report "frightening ", and stated that it is a
"dangerous document ", referencing Page 31 and the statement "address motels as nuisance as -
sociated with long term residency and possible illegal acti vity " under the "Action " category.
Mr. Turner stated that the Plan appears to be targeting businesses , and this frightens him . The
focus could move down the line , and liquor stores could be the next target . Mr . Turner stated
that in his opinion , the Plan should not be approved ; it is too limited in scope and focus , and
does not address the core problem for revitalization of Englewood .
Mr. Mason stated that he is a long-time resident of Englewood , and cannot say that the deterio-
ration of the businesses along Broadway are the fault of the residential community. Mr. Ma-
son related the lack of stores from which to purchase large appliances. He stated that he does
not feel it is a valid statement that the community does not support the businesses . Mr . Turner
stated that when the businesses are not supported , they will not stay . He stated that he has
talked to business owners , and they have moved because the income level of the population
will not support their continued presence in the town . Mr . Turner stated that the median in-
come level must be raised. Mr. Turner discussed business incentives to encourage businesses
to locate and/or expand . Mr. Turner stated that it is still his contention that until the neighbor-
hoods revitalize , the business community revitalization will not occur.
5
Mr. Weber stated that in his opinion, neighborhood revitalization has begun, citing remodel-
ing, and new structures being built where old structures have been razed. Mr. Turner reiter-
ated his opinion that the neighborhoods are decaying; he has been in Englewood over 20 years,
and hasn't seen any great progress made to stop the deterioration. Mr. Turner again brought
up the issue of absentee landlords, or individuals owning many homes and providing poor lev-
els of maintenance. If the core neighborhoods decline, so does the business community .
Ms . Cottle asked how Mr. Turner would be affected if the neighborhoods were to improve as
he suggests. Mr. Turner stated that his property value will increase, and the quality of the cli-
entele frequenting his bar would be improved. It is in his best interest to see the community ,
residential and business, thrive and grow. He acknowledges that some zoning regulations are
necessary but the long-term focus must be based on home ownership, and the need to turn the
neighborhoods around.
Mr . Horner stated that Mr. Turner makes some good points; however , he does disagree with
the emphasis Mr. Turner places on it. Mr. Horner suggested that the transportation compo-
nent of a business located on South Broadway has as much impact on property value as does an
adjoining neighborhood. Mr. Horner reiterated that the value of Mr. Turner 's business prop-
erty is because it is sited on South Broadway, improvement of that corridor can only improve
the value of the business, and emphasized that business owners cannot discount the value of
location on a major street. Mr . Turner responded that he does agree with Mr. Horner, but he
firmly believes that the quality of residential neighborhoods must improve; improvement of the
Broadway corridor alone will not change the character of the business community. He reiter-
ated that businesses must see economic vitality in a community before they will locat~ there.
Mr. Turner cited the Trolley Square project -former small business tenants were relocated,
new buildings were constructed , and it was "never more than 303 occupied" until the Broad-
way frontage was removed and the site opened up for a parking lot for King Soopers. Mr .
Turner reiterated that if a businessman does not feel a location will be profitable, he will not
locate his business there.
Don Bobeda was sworn in ; he testified that he is in favor of the idea of beautification along
South Broadway. He stated that he , also, is concerned about the high rate of rentals. The
Englewood Housing Authority provides financial assistance to low-income renters. He sug-
gested a change of focus to provide assistance for home ownership. Mr. Bobeda stated that
crime rates are lower in neighborhoods with a higher level of home ownership. Mr. Bobeda
commented on the residential neighborhoods along Colfax Avenue , noting that some of the
immediately adjacent neighborhoods have beautiful homes. Mr. Bobeda reiterated that beauti-
fication is a great idea , but urged that existing laws and ordinances be enforced before enacting
new laws to address specific problems. He cited outdoor speaker systems at auto dealerships,
noting that the noise from these businesses infringe on the rights of residential neighborhoods .
He commented that whenever anything is remodeled or renovated in Littleton, the property
owner has to beautify the property; this could also apply in Englewood. Mr. Bobeda suggested
that if the City does require beautification of both residential and commercial properties, peo-
ple will take more pride in their neighborhoods and community; better businesses will move
in, and if support is provided to encourage home ownership versus subsidized rentals it will be
6
a "win/win" situation. Mr. Bobeda stated that the Bates/Broadway area is not good, but this is
what laws are for -enforce the laws and if the businesses continue to break the law , then they
should relocate. Mr. Bobeda stated that he had recently had some work done on his vehicle,
and while waiting had spoken to four different business people -of the four he spoke to, three
are leasing their business but were in favor of improvement. Mr. Bobeda stated, in summary,
he is in favor of beautification, is in favor of home ownership, and in favor of enforcing the
laws that are presently enacted .
Ann Nabholz was sworn in, and asked that the Commission take a long, hard look at the Plan .
She testified that she is third generation of her family to live in her home , and she isn 't plan-
ning to move. Ms. Nabholz testified that she is doing some modification to her home , and
purchasing new appliances. Ms. Nabholz stated that the business community "has never ex-
tended their hand to the residential community to say "how can we work together". Ms . Nab-
holz stated that she has a lot of history in Englewood; she has seen two people move from her
neighborhood to other Englewood neighborhoods and they cited the problems this northwest
neighborhood is experiencing as reason for their relocation.
Mr. Douglas asked if anyone else wished to speak. No one indicated a desire to address the
Commission.
Garrett moved :
Mason seconded : The Public Hearing on Case #CP-07-01 be continued to February 19 ,
1997.
AYES:
NAYS :
Mason, Welker, Weber , Tobin, Cottle, Horner, Garrett, Dummer , Douglas
None
ABSTAIN: None
ABSENT : None
The motion carried.
Mr. Douglas thanked everyone for attending this evening.
A recess of the Commission was called at 8:20 p.m. The meeting reconvened at 8:30 p.m., all
members in attendance.
Mr. Douglas asked if the Commission members wanted to discuss the SBAP among themselves
at this time. Ms. Reid stated that the Commission may discuss the Plan now , but to be aware
there will be changes from this draft to the final draft . He suggested that the Commission may
want to have some input on information contained in the final draft of the SBAP .
Mr. Welker asked how the SBAP is proposed to be incorporated in the Comprehensive Plan ;
will this be a "replacement" or an "addendum". Mr. Graham suggested that the adopting
resolution could contain wording that the "most recent" or "most specific " section would ap-
ply. Mr. Weber pointed out that there is a section entitled "Commercial Corridors "; would
7
the SBAP not replace that section. Mr. Welker suggested that if it is a replacement, this Plan
should address the same issues and concerns that were addressed in the Commercial Corridors
section of the existing Comprehensive Plan. Mr. Horner suggested the need for a statement
that really focuses and reiterates the fact that this is a "business plan" and not a residential or
neighborhood plan.
Mr. Welker commented on the lack of information on the Central Business District, and asked
if staff has any idea when this might be forthcoming. Mr. Simpson stated that the study on the
central business district is being done by the EDDA; initially , the study was to be completed in
August, 1996; the date was then revised to November, 1996, to January, 1997, and there has
been no further communication from EDDA on the status of the study . He stated he thinks
work is continuing on the study, but he is uncertain. Mr. Simpson stated that Mr . Celva and
the EDDA board has been advised that if they want to ensure that the study will be a guide for
development , it should be included as an amendment to the Comprehensive Plan. If they
choose to not have the study considered by the Planning Commission and City Council the
document will have no "strength".
Mr. Horner referenced the testimony of Mr. Turner, who emphasized the need for residential
neighborhoods to revitalize before the business community could improve. Mr. Horner stated
that he doesn 't totally "buy into " this premise, and pointed out that this is not a Plan to address
the residential neighborhoods. He advocated addressing needed residential neighborhood im-
provements separately .
Mr. Simpson commented that staff has received comments regarding the need for neighbor-
hood and business revitalization , and have tried to consider how this document , the SBAP,
could address some of the residential issues. The Chamber of Commerce wants to know what
is going on in the neighborhoods . Staff is working on a housing plan and residential compo-
nents , but the strategy is not ready yet. The philosophy of the Office of Neighborhood and
Business Development is that it is necessary to address both residential and business revitaliza-
tion together to raise the quality of life in the community.
Mr. Horner asked about funding to finance physical improvements to the business corridors.
Ms . Tobin asked whether regulations are in effect to address the issue of outdoor speakers at
car sales lots, and questioned the need for such systems in light of pagers and cellular tele-
phones. She agreed that listening to loudspeakers all day long is an infringement on the rights
of residential neighborhoods. Mr. Simpson stated that he has met with a group of the car deal-
ers, and will be meeting with them again; he will broach this subject with those businessmen.
Further discussion of the relationship between improvement of the business corridor and the
residential neighborhoods ensued . Mr. Mason commented that one of the big attractions in
Englewood is Belleview Park. Mr. Mason also commented on the success of A & A Trading
Post which serves customers from a wide area. Ms. Tobin also commented on the success of
this business.
8
·-
Mr. Dummer asked what assistance the City offers to small businesses; he suggested the need
to offer assistance, or least make information available on where and how assistance may be
obtained. He suggested incentives be developed to encourage business ownership rather than
leasing. Mr. Welker noted that there has been a program to help businesses with facade im-
provements, but very minor participation from the business community . Mr . Dummer stressed
the need to improve the appearance of the buildings. He stated that he does not feel the City is
trying to kick businesses out , but only to make what we have look better.
Ms. Cottle suggested that staff should focus the figures cited in the SBAP, define acronyms
used throughout, and that the data on the fact sheets must be business-oriented. She asked why
there were not "fact sheets" for other businesses than the employment centers, pawn shops ,
auto dealers, and motels, for instance. Mr. Simpson stated that the fact sheets were prepared
on those businesses that seemed to have the most importance/impact along the corridor. Mr.
Welker stated that a number of the auto dealers felt they were "targeted" because there was a
fact sheet on this business. Mr. Simpson reiterated that this targeting was not the intent or
case, and that he has met with a group of the auto dealers , and additional meetings are sched-
uled. Mr. Simpson stated that, in his opinion, the auto dealers have a better understanding of
the intent of the Plan as a result of these meetings.
Mr. Simpson stated that the Commission should be aware that the Office of Neighborhood and
Business Development will be preparing a letter to the Englewood Herald that discusses what
the SBAP is about, and the goals of the Plan. This letter will also address the "information "
contained in the facsimile that was distributed to members earlier; the information contained in
this facsimile needs to be addressed and clarified.
Ms . Reid noted that there is an ordinance against circulation of "anonymous papers "; the
author or circulator of any document must be noted on the document.
Mr. Simpson acknowledged that a number of people may have exception with the Plan, and
staff is working to reach a greater level of understanding of the intent of the Plan. Staff is
working very hard to create a higher level of citizen participation , and Mr . Simpson feels we
are getting good input and wants to continue to do that. He acknowledged that the opinion of
some people will not be changed regarding the Plan no matter what modifications are made ,
but a higher level of support has and will continue to come about with a greater understanding
of the intent.
Mr . Douglas asked if the Commission will be expected to vote on the Plan at the meeting of
February 19th. Mr. Simpson responded affirmatively.
Mr. Dummer asked if the Commission will receive a document in time to review prior to the
meeting on February 19th that is no longer a "draft". Mr. Simpson stated that staff will incor-
porate much of the information garnered from the Chamber of Commerce , business groups ,
and testimony given during the Hearing in the final Plan. Mr. Simpson reiterated ~hat staff
continues to get information from businesses in the community.
9
Mr. Welker commented that the negative comments voiced this evening were very minimal
regarding the Plan. He suggested that there will be a lot of dissent voiced when the Commis-
sion considers the proposed ordinances establishing regulations and standards for specific uses.
Mr. Simpson urged all Commission members to call if they have questions or need informa-
tion.
V. PUBLIC FORUM.
There was no one present who chose to address the Commission.
VI. DIRECTOR'S CHOICE.
Mr. Simpson congratulated Ms. Cottle on her appointment to the Commission, and stated he
looked forward to working with her.
He stated he had nothing to bring before the Commission.
VII. COMMISSIONER'S CHOICE.
Mr. Horner stated that he had taken his family out to eat at the Denney's Restaurant in the
Englewood Marketplace, and was appalled at the filth in this eating establishment. There is
very little to no separation between the smoking/non-smoking sections, spills were not wiped
up in the length of time that he and his family were there , and Mr. Horner described the expe-
rience as "bloody awful". He stated that something must be done about this establishment.
Ms. Tobin and Mr. Douglas both related similar bad experiences at this restaurant. Mr.
Welker commented on the image problems of this restaurant chain, and that it seems to be a
corporate problem. Ms. Reid stated that she will discuss this issue with Code Enforcement,
and see if the Health Department may be involved.
Mr. Mason announced that he will probably resign from the Commission around the end of
March; his wife will be returning to work and he will be providing parental supervision of his
children in the evenings. Mr. Mason stated that a definite date has not been established.
Mr. Welker asked that every member of the Commission introduce themselves, and give a bit
of background for the benefit of Ms. Cottle. Members did so.
There was no further business to come before the Commission; the meeting was declared ad-
journed at 9: 10 p .m.
10
EiGiEWOOD
---.. CHAMBER OF COMMERCE
February 4, 1997
Planning Commission
City of Englewood
3400 South Elati
Englewood, CO ·80110
Dear Planning Commission,
111e Greater Englewood Chamber of Commerce submits the following response to the "DRAFT FORM" of
the South Broadway Action Plan.
The Greater Englewood Chamber of Commerce is in favor of thoughtful planning intended to
economically improve the community. The revitalization, beautification, and redevelopment of Broadway
can improve business conditions and enhance quality of life.
We support the idea of changing and controlling traffic on Broadway to accommodate businesses
and ensure proper flow through Englewood.
We support Broadway as a corridor that serves both vehicle and pedestrian traffic along with the
amenities they deserve .
Funding sources and acquisition of property are critical to implement this project. We require
additional information as to how this will be accomplished in order to evaluate the plan.
It is inappropriate to target lawful businesses, operating legally, to be moved from present
locations . If illegal activities are occurring, they should be quickly and consistently dealt with by
appropriate agencies in accordance with existing law.
111e Chamber looks forward to reviewing the revised draft of the South Broadway Action Plan. If you
have questions concerning this statement, please call the Chamber at 789-4473.
President
Board of Directors
770 West Hampden, #100 •Englewood, Colorado 80110 • (303) 789-4473 •Fax (303) 789-0098