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HomeMy WebLinkAbout1997-02-19 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING C01\1MISSION February 19, 1997 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7 :03 P.M. by Chairman Douglas. Members present: Cottle , Homer , Mason , Tobin, Weber , Welker, Douglas Simpson, Ex-officio Members absent: Dummer , Garrett (both with previous notice ) Also present: Mark Graham , Neighborhood Community Coordinator Tricia Langon , N eighborhood /Environrnental Technician Nancy Reid, Assistant City Attorney II. APPROVAL OF MINUTES. February 4 , 1997 Chairman Douglas stated that the Minutes of February 4 , 1997 were to be considered for ap- proval. Tobin moved: Homer seconded: The Minutes of February 4 , 1997 be approved as written . AYES: NAYS : ABSTAIN: ABSENT : Cottle , Homer , Mason, Tobin, Weber , Welker , Douglas None None Garrett , Dummer The motion carried. III. ALL SOUL'S SCHOOL Day Care/Duncan School Mr. Douglas asked for a motion to open the Public Hearing. Tobin moved: CASE #CU-97-01 Homer seconded: The Public Hearing on Case #CU-97-01 be opened. 1 AYES: NAYS: ABSTAIN: ABSENT: Horner, Mason , Tobin, Weber, Welker, Cottle , Douglas None None Dummer, Garrett The motion carried. Mr. Simpson was sworn in , and stated that staff recommends continuance of this Public Hear- ing to March 4, 1997. This recommendation is made at the request of the applicant and the School District . A public meeting was held on February 11th at All Souls School, and addi- tional meetings have been held between the applicant, school district representatives and city staff. One or two issues are, as yet, unresolved and the staff and Commission has been asked to continue the Hearing to March 4th to provide additional time to further address those issues . Welker moved: Mason seconded: The Public Hearing on Case #CU-97-01 be continued to March 4, 1997. AYES: NAYS : ABSTAIN: ABSENT: Mason , Tobin , Weber , Welker , Cottle , Horner , Douglas , None None Dummer , Garrett The motion carried. IV. COMPREHENSIVE ZONING ORDINANCE Temporary Employment Centers Mr. Douglas asked for a motion to open the Public Hearing . Horner moved : Tobin seconded: The Public Hearing on Case #OR-97-01 be opened. AYES : NAYS: ABSTAIN : ABSENT: Tobin, Weber , Welker , Cottle , Horner, Mason, Douglas None None Dummer , Garrett The motion carried. CASE #OR-97-01 Mr. Simpson stated that staff recommends continuance of this Public Hearing to March 18 , 1997 . Staff wants to schedule meetings with representatives of the temporary employment centers , and with residents , to address issues of concern . Mr. Simpson stated that, in his opinion , progress has been made but additional work is necessary to provide needed clarifica- tion of issues and concerns . 2 Horner moved: Welker seconded: The Public Hearing on Case #OR -97-01 be continued to March 18, 1997. AYES: NAYS : ABSTAIN: ABSENT : Horner, Mason, Tobin, Weber, Welker, Cottle, Douglas None None Garrett, Dummer The motion carried . v. COMPREHENSIVE PLAN AMENDMENT South Broadway Action Plan Mr. Douglas asked for a motion to open the Public Hearing. Tobin moved: Mason seconded: The Public Hearing on Case #CP-97-01 be opened. AYES: NAYS : ABSTAIN: ABSENT: Horner, Mason, Tobin , Weber, Welker , Cottle , Douglas None None Garrett , Dummer The motion carried. CASE #CP-97-01 Mark Graham was sworn in, and presented testimony regarding revisions to the South Broad- way Action Plan (SBAP). These revisions have been made in response to concerns voiced by various stakeholder groups and suggestions of Planning Commission members . Clarification of the intent of the Plan -commercial revitalization -has been included in the Preface of the Plan. Mr . Graham emphasized that staff will be addressing issues of housing and neighbor- hood improvements in the future, and the Commission will have to consider those proposals, also . Staff has also referenced the 1979 Comprehensive Plan goals and courses of action for commercial corridors , and addressed the consistency of the SBAP with these goals and courses of action . Staff has addressed concerns raised by the Chamber of Commerce regarding strate- gies pertaining to pawn shops and temporary employment centers. Staff has modified the ap- proach to address a "problem" rather than a "class" of business. Mr. Graham stated that the staff is asking that the Commission "buy-in" to the conceptual idea of the Plan, and to recommend it to City Council. Staff will continue to work on the "district" areas of Broadway as delineated in the Plan, and to develop strategies to implement the Plan . This will be an on-going project for the next several years . Mr . Graham reiterated that staff is requesting approval of the SBAP , and that the Commission find the policies contained therein are consistent with the 1979 Comprehensive Plan goals and courses of action. 3 Ms. Tobin asked fo r whom the SBAP is intended: government or the average person . She emphasized that documents must be clearly written and easily understood because if the aver- age person cannot understand something, they will not be in compliance . Mr . Graham quoted from the Preface of the Plan that the SBAP is an amendment to the Com- prehensive Plan , and that Comprehensive Plans are statements of goals, policies and recom- mendations guiding public officials and the private sector in decisions affecting the community . Mr. Simpson stated that Comprehensive Plans do provide assistance to the private sector in making decisions on issues such as development and investment in a community . Mr. Simpson emphasized that the SBAP is a "plan ", and that staff has listened to a lot of citizen input over the last month , and have tried to address the concerns through revisions to the Plan. John Looze , 2935 South Acoma Street, was sworn in. The Plan does address helping neigh- borhood watch efforts. He commented that the problems they have experienced in their neigh- borhood has brought the neighborhood "together ". Mr. Looze stated that he lives directly be- hind a day labor hall , and over the past 4.5 years , he has made hundreds of calls to the Police Department because of this business and its clientele. Mr . Looze stated that Kaiser Perma- nente is a beautiful development ; howe ver , a few of years ago the Acoma Street frontage for this business was a "trailer park " with vans, trailers , and cars parked on the lot and lived in by laborers. Mr . Looze stated there were no sanitary facilities for these individuals living in their vehicles, and it created a very undesirable , unhealthy situation . Many telephone calls were made and much effort was expended before this situation was changed , and the Acoma front- age is no longer used as a "trailer park ". Mr. Looze expressed his concern about the individu- als living along the railroad and the river -he referenced "hobo highway " for these individuals traversing along Bates A venue to and from the day labor hall to their living quarters along the railroad tracks and river. Mr. Looze stated that people are also living on the General Iron site. He stated that a walk down the alley yielded a count of 150 liquor bottles strewn about , with various little "hidey holes " along the alle yway where individuals can hide. It is , in his opin- ion , a dangerous area. Mr. Looze stated that neighbors have recently seen individuals from the day labor hall approach teenagers and strongly believes these individuals are purchasing liquor and cigarettes for the teens. Mr. Looze stated that there have also been several in- stances of residents being "flashed" by individuals frequenting the day labor hall . Mr . Looze stated that he is now afraid to walk to the bus along his own street , and that the neighborhood is unsafe. Mr. Looze stated that he wants this behavior stopped now , and urged that the Plan not be weakened but strengthened . Mr. Looze stated that "these businesses must be moved to the industrial area "; that it will not work to have this type of business within 500 to 1 , 000 feet of any residential neighborhood . Ms. Carlene Walker , 2911 South Broadway , was sworn in , and stated that she wanted to make it clear that she owns a "temporary employment service ", not a "day labor " hall. Ms . Walker stated that the temporary employment services in the City of Englewood put approximately one-half million dollars into "Englewood 's pockets " every month from the wages paid out , and which is then paid to other Englewood businesses for groceries , liquor , cigarettes , etc. Ms. Walker stated that Stand-by Personnel provides temporary employees to at least 75 3 of ·the businesses listed in the profile contained in the Plan . Ms. Walker stated that she is in favor of 4 beautification of the South Broadway corridor, but urged that existing businesses not be run off of Broadway in the process. She stated that she was very encouraged by the headlines of the February 13m Englewood Herald which read "Day-labor Halls May Get Reprieve -City backs off plan to force all pawnshops, day-labor halls into industrial zones". Ms. Walker stated that she finds it encouraging that Mr. Simpson and staff have met or want to meet with members of the pawn shop businesses, motel owners, car dealers and temporary employment business owners. Ms. Walker stated that she is pleased to learn that existing businesses will be "grandfathered" in. Ms. Walker stated there is much to do to improve the corridor, and that she is willing to do her part. Ms. Tobin asked Ms. Walker whether she had met with neighborhood residents to try to ad- dress their concerns . Ms . Walker stated that she had met with neighborhood residents. These meetings began approximately two years ago; she listened to the concerns of the residents, and noted the wide range of their concerns, which included not only her business , but use of out- side telephones at the convenience stores for the purposes of prostitution. Ms. Walker stated that the first meeting was "chaotic '', and heard from some residents in attendance that others in attendance were inebriated . Ms. Walker stated that there is a "group of nine " from .this neigh- borhood that she continued to work with, and that she has spent up to $32 ,000 to improve her site including video monitors in the parking lot, and improved lighting. Ms . Walker stated that she has tried to get a permit to install a 30" brick wall around her property , and that the "permit people said no", that "Englewood was trying to drive the temporary employment peo- ple out of business". Ms. Walker reiterated this was a City employee who made this state- ment. Commission members asked for the name of the employee who made this statement. Ms. Walker expressed concern regarding the continued employment of this person if she di- vulged the name. Ms. Cottle asked if the financial information Ms. Walker cited was paid in Englewood; did it include other areas . Ms. Walker stated that the one-half million dollars per month is paid from the Englewood temporary employment centers. She noted that there are five temporary em- ployment centers in Englewood, and do a multi-million dollar business each year. Ms. Walker stated that she is very sensitive to hearing people who work for her classified as "unskilled " - she stated that this is untrue. She noted that even the City of Englewood hires people from her business, or some people work for the City and then go to work for them. She stated that now she would lose the City contract with her business. Mr. Jim Hanifen, 3142 South Clarkson Street, was sworn in, and testified that even though he does have some reservations, he is in favor of the SBAP. He noted that staff has listened to the concerns of the business community, has made revisions to the Plan, and that the end result is a good compromise. Mr. Hanifen stated that there are places on Broadway for the business classifications that have been of concern. Mr. Hanifen emphasized that Broadway is a com- mercial corridor , and is compatible with the businesses that have located there , even if a busi- ness may not be compatible with the abutting residential neighborhoods . Mr. Hanifen stated that there must be other ways to address problem businesses without eliminating entire busi- ness categories from locating along the Broadway corridor . He urged that individual busi- nesses be addressed if they create problems or negative impact, but not to categorically elimi- 5 nate entire classifications. Mr. Hanifen stated that he feels the Plan is well balanced , and well thought out. He does support the South Broadway Action Plan. Mr. Mason commented that just because a business "thrives" in a given location does not nec- essarily mean that it fits within the community . Mr. Hanifen commented that when the Mall is redeveloped, adjoining residents will have con- cerns, also. He stated that he lives eight blocks from Broadway, so he is not affected by the businesses along the commercial corridor. He stated that he has not noticed a big problem as he has driven along Broadway and through the alleys. Mr. Hanifen stated that these businesses do provide services to Englewood residents , and he does see a lot of people coming and going from the day labor center. He reiterated that Broadway is the main thoroughfare , and that it is the appropriate place for these businesses to locate. He urged that the City address the per- ceived "incompatibility" in another manner. Mr. Hanifen stated that he had obtained a copy of the Aurora Plan for East Colfax Avenue; this is a long-range plan , and not the "cheapest fix " that Englewood was trying to achieve. Mr . Hanifen reiterated his support of the SBAP be- cause it is flexible, and "does provide room to work things out." Bill Mitchell, 3081 South High Street, was sworn in. He stated that he is associated with the Neighborly Thrift Shop , and has donated his time to this organization since 1988. Mr . Mitchell stated that the Plan appears to be "nebulous ", and the impact on the thrift shop is not clear. The thrift shop serves the needs of the community, and is supported by the religious community in Englewood . Mr. Mitchell cited "vague " statements , asking what was meant by a permit or license process. He asked what adverse impact this would have on the thrift shop , again reiterating the service to the community provided by this shop . Gary Budd, 3407 South Logan Street, was sworn in and testified he is opposed to the commer- cial revitalization effort. He stated he has lived in Englewood for four years , and in the gen- eral area for approximately 10 years . He stated that people on Broadway make their livelihood from these businesses. He agreed that there may be some improvements needed, but the Plan if approved would take away a lot of businesses along Broadway, and he is opposed . Mr. Simpson addressed the Commission, noting a need to clarify some issues that seem to be recurring in testimony. Mr. Simpson emphasized that the Plan does identify businesses that adversely impact adjoining businesses and neighborhoods , but that the Plan does not advocate elimination of any classification of business from the Broadway corridor. He also emphasized that there is no "target list" of businesses. Mr . Simpson noted that the City is trying to work with and support the auto dealers, for instance, despite the lack of support the City is receiving in its efforts from those business people . Mr. Simpson cited Page 13 of the SBAP , which ref- erences certain types of businesses, such as auto dealers , collectors , second-hand retail , and hobby businesses, that should be encouraged to locate along the corridor. Don Dhonau, 2091 Eudora , Aurora, was sworn in. Mr. Dhonau expressed his concern about the impact the SBAP will have on the Neighborly Thrift Shop located at 3360 South Broadway. He submitted written comments for the perusal of the Commission. Mr. Dhonau stated that if 6 people in the audience have misunderstood the Plan , it's because the Plan is not clear ; there are "lists " contained in the Plan, businesses are called "incompatible ", and the Plan contributes to the confusion evidenced in the testimony presented. Bev Cummins , 3188 South Lincoln Street , was sworn in . Ms. Cummins referenced an article from the L ittleton Independent regarding the master plan for downtown Littleton, which was earlier distributed to Commission members. Ms . Cummins stated there is no need for an en- tire block of big trees to block out the store fronts. Ms. Cummins protested "spending good money to have someone come in to tell small businesses what to do -we don 't need your help." She stated that if the City was to help the small businesses, provide paint to repaint store fronts , or provide street signage as provided in downtown Englewoo d. Ms . Cummins stated that she and her mother own and operate the Mini-flea Mart , at 3057 South Broadway. Si x other people were partners when they started the business , but ha ve since dropped out. Ms . Cummins stated that over the last three years , they have paid $21 ,534 in wages to people who have assisted them in their shop. Ms. Cummins reiterated that the small businesses would like to have the street signage , but with no added expense to them; the y do not need a "cone- zone " to run people off. Ms. Cummins commented on the "nice , wide sidewalks ", and the need to make use of those sidewalks. She noted that complaints have been voiced about drunks frequenting neighborhoods or along Broadway ; she noted that drinking problems have been in existence for a long time , and suggested the need to provide some place for these people to go to drink and /or recover. Ms . Cummins stated that the small business pe ople stuck by when Cinderella City collapsed and didn 't jump ship to leave the City; she asked why the y should be "kicked in the teeth" now . Mr . Douglas stated that he appreciated Ms . Cummins' comments , and agreed there is a need for businesses like hers on Broadway. Mr. Douglas emphasized that the businesses along the Broadway corridor are in no danger of being run out of town. Ms. Cummins invited members of the Commission to come in to view her business. Ms . Cummins emphasized that she "does not want anyone to have their nose in the business telling her what to do "; she does want to have the ability to have outdoor display of merchandise un- der the "overhang " of the building . Judith Dunlop , 2935 South Acoma Street , was sworn in. Ms. Dunlop stated that she had at- tended the first phase of the Public Hearing on January 21 , and felt it was a "sham ". At the meeting on February 4 m, members of the audience were asked to refrain from applauding or booing speakers , and to display consideration. She stated that she does not feel this public dis- play (applause ) is necessary, and asked that the audience be again admonished to refrain from this activity. Mr. Douglas acknowledged that such a request was made on February 4m, and stated that overall , he does feel the audience has been considerate . He did ask that members of the audience hold applause , refrain from talking among themselves when someone is speaking at the podium , and to be courteous to fellow audience members. Ms. Dunlop stated that a lot of people who came to the Hearing on the SBAP on January 21 sc felt very frustrated after that meeting. They have come back for the continued Hearing on 7 February 4th , and this evening . She stated that she is tired of the way she is forced to live by the proximity of the day labor hall. Ms . Dunlop stated that she has related at least one horror story per week to the Police Department -needles, public urination, defecation , the hobo highway . She commented that she was raised in Chicago and never experienced anything like this during her residency there . She stated that this northwest neighborhood isn't a "fun" place to live. Ms . Dunlop noted that 2.5 years ago, there was one day-labor hall , then she heard there were three, and now she finds out there are six in Englewood. Ms. Dunlop stated that she does not agree with inclusion of thrift shops in the same category as pawn shops. Ms. Dunlop stated that she has supported the SBAP , and does not appreciate the fact that the Plan has been "softened". She wants to see the Plan strengthened, and wants to see comments she made during the course of the public forums put to work . Ms. Dunlop asked how much in tax revenue is paid to the City by establishments such as Stand-by Labor. She commented that "new fences and hanging baskets just won 't cut it ." Ms . Dunlop asked if the "group of nine" is still meeting with Stand-by? Ms . Dunlop stated that some of the people addressing the Commission on this issue are not being "straight forward ". She reiterated that the residents feel there are some business classifications that should not have been lumped together , and this has contributed to stirring emotions on all sides. Ms. Tobin stated that she is fifth generation Coloradoan, and suggested that many of the peo- ple Ms. Dunlop has expressed concern about are "immigrants like you ." Ms. Dunlop com'" mented on the alien population she has seen in the area , and cited an article from the Denver Post which indicated that people from as far away as Salvador are coming to the United States . Ms. Tobin stated that she does not see the "illegals" except on jobs , and pointed out that aliens have to have a green card to work in the United States . Ms. Dunlop stated that this would be interested to see whether this restriction is actually enforced . Jim Bahne, 4550 South Broadway, was sworn in. Mr. Bahne stated that he has owned Valley Motors for 19 years. He stated that the SBAP contains a "dream" of the Broadway corridor, and while there may be some good ideas contained therein, ideas do have the potential to hurt. Mr. Bahne stated that the auto dealers will be working with the City to go discuss the Plan and ramifications thereof in greater depth. Mr. Bahne noted that the Plan references "large vistas of asphalt, concrete, medians, walkways". Mr. Bahne noted that the Plan also references "crowded car lots ". Mr. Bahne gave a historical background of a previous attempt to require setbacks and landscaping on auto dealer lots , and the fact that this was defeated in Court by the auto dealers who sued the City. Mr. Bahne emphasized that every foot of land they are re- quired to give to landscaping takes away from their display area. He asked who will pay for all the improvements suggested in the Plan . Mr. Bahne stated that the auto dealers share the dream of a better Englewood, and thinks it can be achieved by working together . However, until the impact on specific businesses are determined , the auto dealers must oppose the Plan. Mr. Mason asked where Mr. Bahne lived, and whether it was a covenant controlled neighbor- hood. Mr. Bahne stated his general location of residence, and acknowledged there are controls on the neighborhood. Mr. Mason asked if auto dealerships are allowed. Mr. Bahne stated they are not. 8 Harry Lester, 3247 South Broadway, was sworn in. He stated he has been in business on South Broadway for 19 years, and can understancl the concerns of residents regarding the day labor halls. He asked that the City work with the day labor facilities to resolve the problems. Mr. Lester suggested that the City concern itself with the graffiti along South Broadway, not- ing that he has called it in many times. He also expressed concern regarding the Gothic Thea- ter and the pigeon population inhabiting some of the older buildings . Mr. Lester stated he is tired of people expecting the City to give them money to redo the old Theater ; he stated this will never happen, and that some private business person will buy it and renovate it. Mr. Lester stated that the Stand-by Personnel business on South Broadway is nice in appearance, but if there are problems with the people frequenting this business, deal with that specific busi- ness. Mr. Lester suggested that it should not matter whether a residential community is cove- nant controlled or not; South Broadway is a commercial corridor, with residential districts one block either side of this corridor. Mr. Mason discussed the area near Yosemite and County Line Road, noting that there is com- mercial development in close proximity to the residential districts; yet there are no day labor establishments in this area. Mr. Lester suggested there is no "need" for them in that area . Barbara Hainer, 4169 South Broadway, was sworn in, and testified that she and her husband own the Dillon Street Car Company. Ms . Hainer stated that many points she had wanted to address were encompassed in the "petition" dated February 18, 1997 , which was presented earlier to the Commission. Ms. Hainer noted the designation of specific uses as being "incompatible", and the comments that car lots are "crowded, unmaintained" -she finds these to be very discouraging statements. If the car dealers are required to pay for installation of landscaping, and other improvements , she stated that she will have to go out of business. Ms. Hainer stated that she and her husband are "working class people", working six days per week, 11 hours per day . She noted that while they do not live in Englewood, it is in a "similar neighborhood". Ms. Hainer estimated that 303 of their business comes from residents in the 80110 zip code , and a lot of their customers are by reference . A lot of people in this area can- not afford to purchase cars from the larger dealerships, and her business does provide a service to the neighborhood . Ms. Hainer cited examples of "good neighbor " activity on the part of her business -jumping dead batteries for residents, etc.; they feel an obligation to their neigh- bors . Ms . Tobin noted that sales taxes are collected on vehicles sold to Englewood residents , and that car dealers have been part of Englewood for a long time. In response to a question from Mr. Mason, Ms. Hainer stated that she lived in unincorporated Arapahoe County -Palos Verdes , near Orchard and Holly . Ms . Hainer noted the large dealer- ships on Arapahoe Road with nice homes immediately adjoining these dealerships. Mr. John Saviers, attorney, stated he was representing Dillon Street Cars , and presented an original copy of the petition to the Commission . Mr . Saviers stated that three words have been heard a lot during the course of the meeting: permits, licenses, and controlled living areas. 9 John Forest was sworn in , and testified that he owns Johnny 's Auto Sales. He is opposed to the Plan , and urged that the City explore another way to deal with the issue of day labor out- lets. He suggested a similar treatment of day labor to that of pawn shops -imposition of fees. Mr. Forest stated he is of the opinion that the Plan discourages business; he can't see having to install grass , trees, and other landscaping . Robert Dennis was sworn in , and testified that he owns and operates a business in Englewood, Denver Motors at 4490 South Broadway, and has done so for the last 12 years. Mr. Dennis stated that he is supportive of comments made by Mr. Bahne. He feels that the auto dealers are being classified and targeted as undesirable , and he does not think there are problems with car dealers on South Broadway. Mr. Dennis stated that his business is well maintained, and that as a whole, the car dealers do a good job of maintaining their business. He stated that he has not received , nor does he expect to receive , any complaints on his business. Brett Kauffman, 19773 East Eastman Avenue , was sworn . Mr. Kauffman stated that he owns US Pawn , and is in support of the South Broadway Action Plan as it has been revised , par- ticularly as it addresses policies for pawn shops. Mr. Kauffman stated that he is willing to work with residents who may have problems with their perception of the pawn business , and with City representatives to improve the image of the pawn business. Mr. Kauffman stated that he is willing , as are other pawn brokers/operators , to conduct tours of their business. Mr. Kaufman stated that he appreciates the cooperation the pawn businesses have received from the City , and that City representatives have been very receptive to suggestions from the pawn businesses. Mr . Douglas declared a brief recess of the meeting . The meeting reconvened at 8:55 P.M . Ms. Ann Nabholz , 2990 South Delaware Street, was sworn in. Ms . Nabholz testified that in 1994 , 96 residents from her neighborhood attended a meeting with Stand-by Personnel. These meetings ceased in November , 1994; they were terminated because a former City Council rep - resentative and one resident, who has since relocated , were of the opinion there was no prob- lem. Ms . Nabholz emphasized that Stand-by Personnel has made no overtures to the residents to try to resolve the problems that do exist. Ms. Nabholz offered to submit copies of notes of the meetings and discussions that did occur in 1994 , if the Commission and City so desire them . Ms. Nabholz stated that "scare tactics " have been used against residents of the neigh- borhood. She further stated that no one wants to see a business forced to move, but does want to see businesses and their clients "respect my property ". Mr. Mason asked Ms. Nabholz if she was aware of drunkenness on the part of any resident attending the meeting referenced earlier by Ms. Walker. Ms. N abholz stated that she was not aware of any inebriated residents at the meeting . Don Seymour , 4750 South Lipan Street , was sworn in. Mr. Seymour testified he is in favor of the SBAP ; it has been well thought out. There may be some glitches , and maybe there are some improvements that can be made. Mr. Seymour commented that he gets upset with car dealers who don 't want to landscape their lots. Mr. Seymour stated that within the last month, 10 he has driven through the northwest Englewood neighborhood, and he has not been aware of the drunken , homeless , indigents. He sees some people inside Stand-by Personnel , but did not see liquor bottles in the alleys when he walked through them . He doesn 't feel unsafe walking in the neighborhood. Mr. Seymour reiterated that he is generally support of the Plan , and stated that "you have to begin some place ". Chris Turner, owner of Magnet Inn , was sworn in , and testified he is pleased to hear that staff will address the issue of neighborhood revitalization . He testified that he is in "general , lim- ited support" of the Plan , but has no illusions that beautification efforts will revitalize South Broadway. A lot of dynamics enter into revitalization of any area : home ownership , socio- economic data , etc . to name a few. Mr. Turner stated that he has attended every one of the meetings on the SBAP , and has a deep empathy and sympathy for the residents of the neigh- borhood; when one sees their home neighborhood declining , one tends to become frustrated and angry. Mr. Turner suggested that the SBAP is predicated on the emotional levels of the residents , and doesn 't begin to address the real issues of re vitalizing either the business com- munity or the residential community . Mr . Turner urged that the Plan be returned to staff for further review and a more in depth study of the problem. He stated he is aware there is a great deal of pressure on the Commission to make a decision on the Plan at this meeting ; however , in his opinion the Plan is incomplete and does not answer questions from both sides of the is- sue. There is much that is yet to be addressed , and what is addressed is done so in a way that is "ambiguous, unclear , and frightening ." Mr. Turner stated that this study (Plan) must have an area that simultaneously addresses neighborhood redevelopment and rejuvenation , and the commercial corridor improvements . Mr. Turner again advocated returning the Plan to staff, and urged that the Commission not forward it to City Council in its present form. Mr. Mason asked what kinds of neighborhood rejuvenation Mr. Turner recommended . Mr. Turner responded that home ownership by residents is vital to any neighborhood, and stated that the City must form an aggressive plan to acquire rental properties , improve , and make available for resale . Financial institutions should also be brought into the Plan to facilitate fi- nancing for home buyers. Mr. Turner stated there are many ways to encourage home owner- ship, and in his opinion, it should be mandatory to turn this community around . Mr. Turner reiterated that neighborhoods affect the business community , and referenced Mr. Mason 's comments regarding the residential neighborhoods at Yosemite and Arapahoe Road -there are no day labor services there because there is no "need ". There is a "need" in Englewood in Mr. Turner 's opinion. Mr. Turner emphasized that Stand-by Personnel doe s serve Engle- wood , and that more than 503 of those reporting to Stand-by do live in Englewood . Mr. Turner stated that "it tells you we have a marginal neighborhood." Mr. Turner stated that temporary employment centers have been in Englewood for at least 23 years that he knows of. Mr. Turner acknowledged that residents are scared of what is happening in their neighbor- hoods , but stated that businesses are not creating the problems. He reiterated that addressing "emotional concerns " doesn 't do anything to revitalize the neighborhoods . Mr . Mason asked if addressing the concerns of residents would make people more comfortable with their government , and encourage them to invest more capital in their homes. 11 Mr. Turner stated that he moved 3.5 years ago because he didn't like what was happening in his neighborhood, and didn 't see that the City was doing anything to address the problems. He stated that he does not have any problems with the businesses on Broadway . Mr. Turner stated that it will be to his benefit as a businessman to have the neighborhoods and the commercial corridor improved, because it will encourage a "higher level of clientele " for his business. Mr. Douglas asked if anyone else wished to speak . No one so indicated. Mason moved : Tobin seconded: The Public Hearing on Case #CP-97-01 be closed. AYES: NAYS : Homer, Mason , Tobin , Weber , Welker , Cottle , Douglas None ABSTAIN: None ABSENT: Dummer , Garrett The motion carried. Mr. Douglas asked the pleasure of the Commission. Mason moved: Homer seconded : The Planning Commission finds that the South Broadway Action Plan policies are consistent with the Comprehensive Plan for the City of Englewood , and recommends to City Council that the South Broadway Action Plan , concepts , strategies , and action plan , be approved and adopted as an amendment to the Englewood Comprehensive Plan. Discussion was opened for Commission members. Ms . Tobin stated that she wants to see something less "nebulous " when neighborhood studies are submitted to the Commission. Ms. Tobin inquired about the meetings Mr. Simpson alluded to earlier with the temporary day labor representatives and residents. Mr. Simpson stated that this statement was made as part of the recommendation to continue consideration of an ordinance establishing standards and regulations for this business -not in reference to the South Broadway Action Plan. Unless the Commission can identify specific areas of the proposed Plan that need to be clarified or expanded, staff is ready to move forward with the Plan. Mr. Douglas clarified that the South Broadway Action Plan is separate and distinct from the proposed ordinances establishing standards and regulations for any particular business . Mr. Welker stated that the SBAP is a "vision " for the commercial corridor. He noted that the Commission and staff have "struggled " with finding inoffensive words , and while the Plan may still need some tweaking here and there , it is a workable Plan. Mr. Welker stated that he would like to see the Plan recommended to City Council , approved by them , and move on. He 12 stated that there will be ordinances and other courses of action brought before the Commission and Council as part of the implementation process. Mr. Welker stated that the Plan isn't meant to incorporate specific details, and it might , in fact , be too specific in some areas . He empha- sized this is the South Broadway Action Plan , and deals only with the commercial corridor -it does not address , nor was it intended to address , the neighborhoods . Mr. Welker stated that the only part of the Plan that he has in question at this time are a couple of pages following Page 15: a matrix indicating the restrictions in Denver , Englewood , and Littleton on land- scaping , the South Platte Greenway , pawnshops , and unskilled labor halls ; and a second page setting forth a breakdown of business classifications by SIC code along the Broadway corridor. He questioned the inclusion of this information in the Plan. Mr. Graham stated that the comparison with adjoining munic ipalities and the business classifi- cations are proposed as introduction to the activity tables . He also noted that Commissioner Cottle had suggested a breakdown of all business categories rather than only a selected few . Mr . Welker suggested that this information be removed from the Plan . Mr. Horner stated that he had no problem with the inclusion of the information , and Ms . T obin pointed out that it is only informational , should not be discarded , but maybe relocated to the back of the Plan. Mr. Welker suggested that if it is to be included , it should be better identified -such as labeling them "fact sheets " Mr . Weber stated he is disappointed with the stance of the auto dealers in their opposition to the Plan. They are an important segment of the Broadway business community . The y state they are opposed to planting trees and landscaping; their testimony seems to be based on money . Mr . Weber stated he did not feel that the Plan will impact the auto dealers. Mr. Mason stated that those living in or doing business in Englewood have obligations to the City and to their neighbors. He cited impro vement districts , such as concrete replacement , noting that whether some residents can afford the replacement or not , it is done and the bill has to be paid. Mr. Mason stated that "everybody 's ox has to be gored once in a while ". He commented that the SBAP has "created equality in dissatisfaction -the neighborhood residents are not happy , and the businessmen aren 't happy." Mr. Mason agreed with the need to move ahead on this issue. Mr . Welker stated that the Plan has been made available to the citizenry , and urged that the Commission vote on the Plan. Ms . Cottle stated that it is a "concept ", and that everyone who has attended these meetings has had an opportunity to be heard . Ms. Tobin stated that public input is very important, and the Commission needs input on every issue that the y consider . Ms. Reid asked for a determination by the Commission on specifics they are voting on: will the recommended approval include drawings and pictures contained in the bound Plan , or is it concepts , strategies and action plans as written. Mr. Mason stated he did not want the ap - proval to be so specific that only a particular "archway ", for instance , could be constructed. Mr . Horner stated that he would be voting for "ideas ", but not specific drawings. Discussion ensued . 13 The vote was called : AYES: NAYS: ABSTAIN: ABSENT: Mason, Tobin, Weber , Welker , Cottle , Horner , Douglas None None Dummer , Garrett The motion carried. VI. COMPREHENSIVE ZONING ORDINANCE Pawnbrokers and Automobile Pawnbrokers Mr. Douglas asked for a motion to open the Public Hearing . Horner moved : Mason seconded: The Public Hearing on Case #OR-97-02 be opened. AYES: NAYS: ABSTAIN: ABSENT: Tobin , Weber , Welker , Cottle , Horner , Mason , Douglas None None Dummer , Garrett The motion carried . CASE #OR-97-02 Mr. Graham , still under oath , testified the proposed Zoning Ordinance revision is the first step being brought forward as part of the implementation steps of the South Broadway Action Plan. Mr. Graham recounted the surveys , neighborhood meetings , and focus groups that have worked on this issue , the negative "perceptions" regarding pawn shops and deterioration of the commercial corridors and adjoining neighborhoods. Mr. Graham stated that the proposed or- dinance will allow pawnbrokers and automobile pawnbrokers to continue as principal permitted uses in the B-2 , Business, 1-1 , Light Industrial , and 1-2, General Industrial, zone districts. The proposed ordinance will , however , impose distance restrictions on location of pawn facilities upon the effective date of the ordinance . The proposal is a distance of 2 ,000 feet between any pawnbroker or automobile pawnbroker, said distance to be measured from nearest property line to nearest property line . Ms. Tobin asked if she understood correctly that existing pawn locations will not be affected by this distance imposition. Mr. Graham stated that is correct ; existing pawn businesses will be "grandfathered " , and become legal "non-conforming " uses. The Zoning Ordinance has re- strictions on legal non-conforming uses , and as with any legal non-conforming use , if the pawn use is discontinued at a specific location for a period of 180 days future use of that site must conform to the restrictions of the Zoning Ordinance . Mr . Welker asked if any distinction is made between pawnbrokers and automobile pawn. He noted that auto pawn businesses are very closely associated with auto dealers. Mr. Mason 14 stated that he is aware of at least three businesses that do both auto pawn and the typical pawn business. Mr . Graham stated that no distinction between the two is made, and that staff did not have a basis to make that distinction. Mr. Welker asked what characteristics of the pawn business are we trying to control -character of the business inside the building, or character of the exterior of the building . Mr. Graham stated that one of the concerns that has been ex- pressed is the window bars -people perceive an "unsafe" area . While the Police Department has found some stolen merchandise in local pawn shops, they do not feel the crime related to the pawn operations is particularly high. Mr. Graham stated that it is "perception" that is be- ing addressed -unsafe, leading to decline of adjoining residential areas, etc. Mr. Graham stated that the distance restrictions will restrict the number of pawn businesses along the com- mercial corridor , and in other areas they might locate . Mr. Graham stated that staff has met with members of the pawn businesses, and both sides feel comfortable with the proposed ordi- nance . Mr. Welker asked what restrictions are imposed now on pawn businesses . Are hours of op- eration limited, are they licensed, are they restricted from outside storage of materials. Mr. Graham stated that all of the above apply, and there is a transaction fee imposed also. Further discussion regarding the legal non-conforming status of the pawn businesses ensued . It was reiterated that if the use ceases for 180 days, the use of the site must revert to a use in compliance with the Comprehensive Zoning Ordinance . However, pawn businesses may be sold or leased and continue at that location so long as there is no 180 day break in the use of the site for pawn purposes. Mr. Weber commented that there are no pawn businesses in Littleton along South Broadway . Mr. Graham stated that the market may not support the pawn businesses in Littleton. It was also pointed out that South Broadway is not the main thoroughfare through Littleton as it is through Englewood. Littleton's main thoroughfare is Littleton Boulevard . Brief discussion ensued . Mr . Graham noted that other communities have imposed distance re- quirements for pawn businesses, and some communities have imposed a ratio restriction-based on population. Mr . Douglas asked if anyone wished to address the Commission. Ms. Cummins , from the audience , asked that thrift shops not be classified with pawn shops. She refused to approach the podium to speak . Brett Kauffman, still under oath, stated that the pawn businessmen support the proposed ordi- nance. Vicki Lattimer was sworn in , and testified that she is owner of Pawn Bank , and supports the ordinance as it is now written, which will grandfather existing shops. Ms . Lattimer discussed the poor perception of pawn shops, noting that this theme has arisen many times; she stated that during the recess she spoke with Ms. Dunlop and Mr. Looze and invited them to visit her 15 business; they indicated a willingness to visit her business. Ms. Lattimer suggested that people are not aware how pawn shops are operated, and stated that she and other pawn brokers are willing to work with the residents to alleviate their concerns and educate people on the pawn business. Mr. Welker asked if Ms. Lattimer had any objection to being grouped with auto pawn. She stated that she did not. Michael Massa, Massa Auto Pawn, was sworn in. Mr. Massa stated that he is located on South Broadway, and did conduct demographic studies before opening the business. He stated that he does only auto pawn, and is licensed by the City for a "very substantial fee". He noted that auto pawn dealers must have the title to a vehicle they take in, so they do not deal in stolen cars. Mr. Massa stated he has no problem with the proposed ordinance. Mr. Gary Foreman, owner of Englewood Pawn, was sworn in. Mr. Foreman testified he has been in business five years, and does auto pawn and traditional pawn. In that period of time , he has had no problems, and to his knowledge there have been no complaints lodged with the City about his business. The pawn business is a business perceived by people as something it is not. Mr. Foreman stated that he handles a variety of merchandise; they loan money on items, and some items they purchase outright. The people who pawn items for money are friends, neighbors, and acquaintances of all of us. Mr. Foreman stated that the perception of fencing and receiving stolen goods isn't true, and if by chance a piece of merchandise taken in is "hot", it's readily given to the police. Mr . Foreman stated that he supports the South Broadway Action Plan, and supports the proposed ordinance regarding pawn operations. He stated that he, also, wants to see Broadway cleaned up and wants to see the neighborhoods cleaned up and taken care of. Ms. Tobin stated that she had been in Mr. Foreman's establishment , and was startled to see an armed guard at the door. Mr. Foreman stated that he has never employed an armed guard at his business. He owns his building, has developed business ties to the community , and wants to remain here. Mr. Foreman reiterated that never, in the five years he has been in business, has he employed an armed guard. Mr. Douglas asked if anyone else wanted to address the Commission. No one did so. Homer moved: Mason seconded: The Public Hearing on Case #OR-97-02 be closed . AYES: NAYS: ABSTAIN: ABSENT: Weber, Welker, Cottle, Homer, Mason, Tobin, Douglas None None Dummer, Garrett The motion carried . 16 Mr. Douglas asked the pleasure of the Commission . Horner moved : Tobin seconded: The Planning Commission approve and recommend to City Council the proposed amendment to the Comprehensive Zoning Ordinance , Case #OR-97-02 , which will establish distance requirements between pawn businesses. Mr. Welker stated that he felt comfortable with the testimony regarding the pawn and auto pawn businesses , and he is impressed with the support from the pawn business owners. Mr. Douglas discussed the "grandfathered ", legal non-conforming status of existing pawn businesses, and the fact that the business may be sold , leased , or otherwise transferred and still continue . Discussion ensued . Mr. Mason stated that the City cannot take away the value of a business by prohib iting transfer or sale of that business to someone else. Mr. Weber suggested that the testimony of the pawn businesses would have been different if this had been proposed. Further discussion ensued . Mr. Douglas asked if the structure burned , could they rebuild . Ms. Reid clarified the difference between a "non-conforming building " and a "non-conforming use ". Brief discussion followed . Mr. Douglas stated that, in his opinion , the proposed ordi- nance may not make the existing situation any better , but will keep it from becoming worse. Mr. Mason discussed the perception of pawn businesses , and stated that he supports the dis- tance restrictions between the pawn businesses. The vote was called : AYES : NAYS : Welker , Cottle , Horner, Mason, Tobin, Weber , Douglas None ABSTAIN : None ABSENT: Dummer , Garrett The motion carried. VII. PUBLIC FORUM. Ms . Carlene Walker addressed the Commission , and discussed her attempts during the last three years to construct a brick wall around her property . She hired Paul Clark Masonry to do the work, and asked him to deal with the City to get permits , etc. Ms . Walker stated that she had been informed that a "lady in the permitting department asked who owned the site , and the type of business , and then said the City was trying to run temporary employment services out of town and doubted that a permit would ever be issued ." Ms . Walker then identified the em- ployee , and asked that this employee not be fired or disciplined for the comment. Ms . Tobin asked if the comment was made to Ms. Walker. Ms . Walker stated it was not ; it was made to the contractor. Ms . Tobin stated that Ms . Walker is relating "hear-say ". 17 Ms. Walker also took issue with statements regarding illegal aliens working for her , and em- phasized that the temporary employment businesses must comply with strict immigration laws. She requires two forms of ID , applications must be filed , dispatchers are trained , and immi- gration/naturalization uses employment businesses as standards . VIII. DIRECTOR'S CHOICE. Mr. Simpson reminded Commissioners of the up-coming study session on the Comprehensive Zoning Ordinance revisions scheduled for February 25 , 6:00 P .M. in Conference Room A of Englewood City Hall. Sandwiches will be served . IX. COMMISSIONER'S CHOICE. Mr . Horner asked that members of the audience be made aware that members of the Commis- sion are not elected officials ; they are volunteers appointed by the City Council. Ms. Tobin discussed the need to reiterate before all Public Hearings the request for no ap- plause , booing , and other demonstrations from the audience, and to impose a fi v e minute limit on those testifying . Mr . Welker suggested that repetition be limited or eliminated if possible . Ms . Reid noted that she has been made aware that there is a Planning Commissioner 's Hand- book, which is very out-dated , that she will review for staff. This may address some of the concerns of the commission . Mr . Douglas stated that five minutes is ample time for someone to present their point of view. It was noted that applicants may have more time , but that public testimony in support or in op- position should be limited. Ms . Cottle requested a study session with the Commissioners on the Handbook. There being no further business to come before the Commission, the meeting was declared adjourned at 10 :45 P .M. Gertrude G. Welty , Recording Secre \nbdlgrouplboardslplancommlminutes 97\pcm 02 -97b.doc 18