Loading...
HomeMy WebLinkAbout1996-07-16 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION e JUL y 16, 1996 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 6: 15 P.M. by Chairman Mason. Members present: Dummer, Homer, Redpath, Shoop, Tobin, Weber, Douglas, Mason Simpson, Ex-officio Members absent: Garrett (with previous notice) Also present: Planning Community Coordinator Stitt Director of Finance Gryglewicz II. APPROVAL OF MINUTES. June 18, 1996 Mr. Mason stated that the Minutes of June 18, 1996 were to be considered for approval. Redpath moved: Tobin seconded : The Minutes of June 18, 1996 be approved as written. AYES: NAYS: Redpath, Shoop, Tobin, Weber, Douglas, Mason None ABSTAIN: ABSENT: Homer, Dummer Garrett The motion carried. III. FIVE-YEAR CAPITAL PLAN. 1997 -2001 Mr. Gryglewicz, Director of Finance, reviewed the Five Year Capital Plan with members of the Commission. This review covered projects which will be funded through the Capital Equipment Replacement Fund (CERF), Conservation Trust Fund (CTF), Public Improvement Fund (PIF), Golf Course Fund (GCF), General Fund (GF), Malley Center Trust (MCT), Stormwater District (SD), Sewer Fund (SF), Water Fund (WF), and WasteWater Fund (WW). Mr. Gryglewicz stated this is the second year the FYCP has been prepared in this format, and will be presented to the City Council on Monday evening, July 22 . 1 Mr. Horner asked how much the City realized from the Conservation Trust Fund. Mr. Gry- glewicz estimated $400 '000 per year . e New projects were noted and discussed . Mr. Redpath inquired where the climbing walls would be constructed in the Recreation Center. Mr. Simpson stated that one of the racquet ball courts will be remodeled to allow for the climbing wall. Mr. Horner asked what was proposed at the Broadway/U.S. 285 interchange. Mr. Gryglewicz stated that the bridge will be widened to accommodate additional lanes on U.S . 285. Golf course improvements were noted and briefly discussed. Banquet facilities at the club- house is a new proposal , but will enable the restaurant to handle larger dinners and banquets. Mr. Redpath commented that in previous years, there has been discussion of new facilities and relocation for the Library, with City Hall offices expanding into the present Library area. What is the status of this issue. Mr. Gryglewicz stated that this has been discussed, but one of the problems is finding land available in a central location to accommodate the Library and parking that is needed. Malley Center expansion feasibility study as noted and briefly discussed. Ms. Tobin asked what the Library Computer Work Room entailed. Mr. Gryglewicz stated that this is proposed to be a separate, enclosed room for individuals using computers; this will eliminate distractions to both readers, and the computer users. The Director will relocate, and his office will be remodeled to accommodate the computer work room. Extension of South Inca Street was noted. Mr. Gryglewicz stated that South Inca Street south of U .S. 285 will be straightened , and extended northward through the redevelopment area. Mr. Simpson commented that this may or may not be funded totally by the City. An enclosure for the horsecar was discussed . Mr. Gryglewicz stated that the initial proposal was to build an "atrium" area on the front of City Hall; however, if there is a possibility of relocation of the governmental offices, it isn't economically reasonable to expend funds for this project at this time . Mr. Shoop commented that ADA accommodations were also to be funded for City Hall. Ms. Tobin emphasized the need for an elevator and other accommodations for handicapped and dis- abled individuals. She stated that she does have a disability, but is not aware whether any other boards or commissions have members with disabilities. Mr. Douglas asked what the Girard A venue/Englewood Parkway alignment entailed. Mr. Simpson stated that when the Mall area is redeveloped, the present alignment will not function properly to carry traffic through to and from Broadway; therefore, the realignment is needed . 2 I I The Storm Drainage fund is a self-sustaining fund, for which water and sewer users pay a sur-e charge on their quarterly utility bill. The Sewer Fund has one new submission; this fund is also self-sustaining through utility bills. The projects to be funded through the Water Fund were discussed, notably improvements to the Allen Filter Plant. Mr. Gryglewicz noted that this project will be on the ballot in Novem- ber to enable financing of the improvements via general obligation bonds. However, if the ballot proposal fails, the improvements will still be done, albeit at greater expense. These im- provements will address the quality of water, reduce odor, improve taste, and will add addi- tional filtration to improve the safety of the water as far as eliminating germs etc. Mr. Mason suggested that it would be less expensive were the City to equip every Englewood household with a reverse osmosis filter system. Discussion ensued. Mr. Gryglewicz sug- gested that members of the Commission might request a meeting with Mr. Fonda and members of the water and sewer board to clarify the need for the Allen Filter Plant improvements, and any other issue regarding the utility system in Englewood. Discussion of the "farm development" through the Waste Water fund was discussed. Mr. Gry- glewicz stated that the "farm" has been acquired by the Utilities Department, and sludge from the sewer plant is taken to this farm. The farm is a "working farm", and wheat is grown in the fields on which the sludge is dumped. Mr. Redpath stated that he understood that a lawsuit on dumping of sludge was filed. Mr. Gryglewicz stated that the City is Englewood is not party to any such suit; however, Boulder has been sued. Mr. Mason inquired about the computer equipment, and whether the computers in various segments of the City will be coordinated . Mr . Gryglewicz stated that the intent is to have all computers within the City government coordinated; however , there are some departments that have not eliminated the Macintosh computers. Mr. Gryglewicz reiterated that the FYCP will be transmitted to City Council for their study session on July 22nd. He urged if members of the Commission have questions, to please give him a call. Mr. Mason expressed his appreciation to Mr. Gryglewicz for his attendance . IV. HOME DAY CARE. Proposed Amendment Mr. Stitt stated that the issue of Home Day Care has again arisen as a result of a neighborhood dispute. A homeowner in the R-1-A District was doing home day-care, and had been doing it for about three years ; a neighbor registered a complaint, Code Enforcement responded, and the homeowner was issued a Notice of Violation. The homeowner appeared before City Council, stating that she is a single parent, and home day-care is her sole source of revenue . The City Council enacted a six-month moratorium on enforcement against home day-care in the R-1-A 3 District, and staff was directed to research the issue and develop regulations for consideration by the Planning Commission and City Council. Staff has received copies of State regulations on home day-care, and is proposing several amendments to the Comprehensive Zoning Ordinance to incorporate those regulations. Mr. Simpson stated that staff wanted to bring forward proposals to address the issue without being intrusive into neighborhoods. The amendments , as proposed, apply to all residential zone dis- tricts in an attempt to eliminate as much confusion as possible. However, home day-care will be allowed in the R-1-A District only as a Conditional Use, and not as a Home Occupation . Mr. Stitt stated that staff wants the proposed regulations to be consistent with the State regula- tions; an operator of a day-care home would know if they met Englewood regulations they would also comply with State regulations, and vice versa. The R-1-A District would be amended to include "Family Child Care Home or Infant/Toddler Home" as a Conditional Use. This would necessitate a public hearing before the City Planning and Zoning Commission prior to opening such a child-care home. The R-1-B, R-1-C, R-2, R-2-C, R-3, and R-4 Zone Districts will be amended by changing the nomenclature to allow "Family Child Care Home or Infant/Toddler Home " as a Home Occu- pation. The R-1-B , R-1-C, R-2, and R-2-C Districts will be further amended by changing no- menclature to allow a "Large Child Care Home" in those Districts as a "Conditional Use". Mr. Stitt emphasized that all these amendments are doing is changing language to reflect that used by the State of Colorado. Section 16-8 of the Englewood Municipal Code would be amended to include new definitions for "Family Child Care Home ", "Infant/Toddler Home", and "Large Child Care Home". Mr. Stitt discussed the differences between the three categories of home day-care, as defined by State regulations. Mr. Stitt stated that he has also discussed the proposed amendments with an individual who favored allowance of home day-care in the R-1-A as a Home Occupation; this individual expressed the opinion that the current proposal will provide for easier enforce- ment if the day-care homes have to comply with State regulations. Mr. Weber stated it appears that City Council is now reversing their previous stance of oppo- sition to day-care homes in the R-1-A Zone District. It seemed at that time that Council's ap- proach was to "let it go and ignore what's happening ". Mr. Weber pointed out that other home occupation issues such as small offices aren 't going to go away. Mr. Stitt emphasized that staff has been given a specific directive and focus to address the issue of home day-care. Mr. Simpson agreed that the general issue of home occupations can be dealt with at a later time . Discussion ensued . Mr. Horner asked whether provision of child-care without remuneration would fall under these provisions . Mr. Simpson stated that no differentiation is made between paid child-care and child-care with no remuneration ; free child-care provided on a regular basis would be considered a home occupation . Mr. Mason discussed "play dates" wherein members 4 ' I e of a block or neighborhood take turns watching neighborhood children to give the at-home par- ent a day or two of relief from parental duties each week. Mr . Mason suggested that consid- ering such an arrangement as a home occupation "goes beyond the pale ". Mr. Simpson stated it is not the intent to take such an arrangement to Code Enforcement ; however , if a complaint were to be made staff would have to follow up on it. Staff is trying , via the proposed amend- ments, to respond to the concerns of City Council and Planning Commission on land issues in residential areas. Licensing provisions were discussed. The State does not "require " that home day-care provid- ers be licensed ; however , the day-care provider to whom Mr. Stitt spoke is in favor of requir- ing all day-care providers to be licensed , it being her belief that a higher level of service is provided . Requirement of State licensing was further considered. Mr. Stitt stated that re- quirement of state licensing could be added to the amendments. Conversely , the City does not have to adopt regulations that are consistent with State provisions. Further discussion ensued. Mr. Mason stated that people have a fundamental right to have and raise children , and provision of home day-care is important. Brief discussion followed . Mr. Simpson suggested if the Commission chooses to support these proposed amendments , their position could be strengthened by emphasizing that local home day -care would enable children of Englewood residents to be cared for in their immediate neighborhoods. In today 's society , both parents usually need to work outside the home , and they need reassurance their children are provided safe care during working hours. Mr. Shoop asked if there is any "preclusion " from requiring that all day-care homes be licensed by the State before approval by the City. He asked if the State license requires a fee. Mr. Stitt stated that no fee is involved ; however , it •fo es require a lot of effort to gain "certification " and meet home safety requirements , etc. Mr. Shoop asked about "dependent care ", and whether the proposed amendments would affect this. Mr. Stitt noted that dependent care is now permitted only in renovated structures for - merly used as educational institutions, religious institutions , or public facilities. The proposed amendments will have no impact on this existing provision. Mr. Homer and Mr. Redpath discussed the issue of elderly day-care. A second such "group home " has been allowed in their immediate neighborhood . Mr. Homer noted that a "large child care home " is permitted as a Conditional Use in R-1-B , R-1-C , R-2 and R-2 -C; he inquired about the density allowed in R-2 districts , and whether large child care homes could be permitted in each unit of a duplex . Mr. Stitt noted that if ap- plications for conditional use approval were to be received from the occupants of both units of a duplex , the Planning Commission would have to consider the request at Public Hearing . Conceivably , it could happen , but it is unlikely . Mr . Stitt emphasized the need for Conditional Use approval on the "Large Child Care Homes ", noting that an application will be heard by the Commission at the next meeting , August 6th , for such a home in the 3000 block of South Corona Street. 5 Licensing provisions were further addressed. Ms. Tobin inquired whether the City would have increased liability if licensing of home day-care was required. Mr. Stitt expressed doubt that e the liability would increase. Mr. Horner asked about schools in homes. Mr. Stitt stated that this is entirely different from home day-care; the proposed provisions would not be applicable. Mr. Shoop stated "for the record, [he] is 1003 against day care in R-1-A." Mr. Douglas stated that he is also opposed. Mr. Shoop stated that there is a day care in his immediate neighborhood which creates serious parking problems for residents. Brief discussion ensued. Mr. Horner stated the Commission should go forward and consider the proposed amendment, with staff making the minor amendments noted during the course of discussion this evening. Mr. Stitt commented that a revised draft may be available in time for the Public Hearing scheduled for August 20th. Brief discussion ensued on home occupations, and the definition therefor . Staff acknowledged the need for clarification on the definitions, and the issue of home occupations will be ad- dressed at a future time. V. PUBLIC FORUM. No one was present to address the Commission. VI. DIRECTOR'S CHOICE. Mr. Simpson asked if the change in time from 7:00 P.M. to 6:00 P.M. for the study session, with dinner served, worked for members of the Commission. If so, this may be the time for future study sessions. Mr. Simpson stated that the City has a new phone calling system that has been used to notify people in emergency situations. This can also be programmed to call groups of people such as board and commission members to give meeting reminders . The staff will be trying this sys- tem in the near future for meeting reminders. On Wednesday evening, July 10th, the City Council received the report from Clarion Associ- ates, which incorporated comments from members of the public that attended the public forum meetings on Cinderella City. City Council wants to close the public comment period July 31st. Copies of the report synopsis were included in the Commission packets . Mr. Simpson sug- gested that if the Commission members have any questions or comments to put them in writing or call him prior to July 31 si so that their comments may be included for Council consideration. It is anticipated that a resolution will be adopted on August 5 accepting the Clarion Report, and the points in the report will be used in negotiations with the developer and in the consideration of the Planned Unit Development for the site. 6 -- VII. COMMISSIONER'S CHOICE. Mr. Horner and Mr. Dummer both indicated they would not be present at the meeting of August 6th. Mr. Horner referenced a flyer on the "Spirit of '96" which will be in Vail. He stated that he may attend this conference if he has the opportunity. Mr. Horner was advised to submit reg- istration verification if he does attend, and he will be reimbursed. Mr. Shoop asked who owned "Cedar Mountain", and whether the shingles/cedar mulch this is remaining on the site will be left there. Mr. Horner stated that his employer, RBI, does own the site and the shingles/mulch must be removed. In the meantime, RBI is making use of the mulch in their landscaping business. Mr. Shoop announced his intent to resign from the Commission effective September 1. He stated he is going back to school and classes will be on Tuesday and Thursday evenings . Members of the Commission expressed regret on the pending resignation. There being no further business to come before the Commission, the meeting was declared adjourned. -e ,k~-L~~- Gertrude G. Welty, Recordi!lg S~tary \ \$nds\.eng_ ch_ sys .cityhall .englewood\dept\nbd\group\boards\plancomm\pcm 7-96a .doc 7