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HomeMy WebLinkAbout1995-01-17 PZC MINUTES. e CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JANUARY 17, 1995 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P.M. in Conference Room A, Vice Chair Mason presiding. Members present: Becker, Dummer, Redpath, Shoop, Tobin, Weber, Mason Member s absent: Garrett Also present: Harold J. Stitt, Planning Administrator II. APPROVAL OF MINUTES. December 6, 1994 Vice Chair Mason called for consideration of the Minutes of December 6, 1994 . Becker moved: Dummer seconded: The Minutes of December 6, 1994 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Tobin , Weber, Becker, Dummer , Redpath, Shoop, Mason None Garrett None The motion carried. III. PAWN SHOPS Mr. Stitt led discussion on the issue of pawn shops, noting that there has been increasing con- cern regarding the perceived proliferation of this business in Englewood. The theory is that Denver has tightened regulations on these businesses, and the pawn shop owners and operators are relocating to the suburbs. Aurora is developing regulations to restrict the location of pawn shops, Littleton has made inquiries of Englewood City staff on how such businesses are regu- lated here; Littleton does not want to have pawn shops located on Littleton Boulevard, but is not concerned about locations along South Broadway. Other municipalities are also looking into the regulation of these businesses. Mr. Stitt referenced a memorandum to the Commis- sion, dated January 12, 1995, which outlines four possible avenues to address the pawn shop issue. Mr. Stitt stated that one aspect of concern in Englewood is the proximity of the pawn shops to the residential districts , and the clientele that may frequent this type of business. 1 • There is also the fear that pawn shops lead to an increase in crime. Mr. Stitt stated that the e concerns are not only from residents, but also members of the business community , and that the Chamber of Commerce Governmental Affairs Committee has been discussing this issue for some time. Initial suggestions on regulation were concentrated on licensing provisions and transaction fees. Dave Miller, former Detective in the Police Division, drafted licens- ing/transaction fee provisions for consideration, which the Chamber membership declared un- acceptable. These provisions have been revised, but Mr. Stitt is not aware of the final deter- mination. Mr. Stitt further discussed the "transaction" paperwork that must be completed by the pawn shop operator and by Police Division personnel. The Police Division makes use of volunteer services for much of the computer data entry , but the Division also has to make use of paid personnel. The transaction fees were proposed as a means to off-set some of the costs of com- puter entry. At one ti me , over 800 transactions were backlogged for entry on the computer system . Mr. Stitt stated that City Council has suggested the issue of pawn shop control might also be addressed via zoning , enacting distance limitations much the way adult businesses are ad- dressed. The Chamber of Commerce Governmental Affairs committee has been asked to con- sider this aspect of control, and to give the City some response; to this date , no response has been received from the Chamber. Mr. Stitt discussed the "Conditi onal Use" proposal for control of these businesses , and the pos - sible ramifications if th e se businesses are required to obtain "conditional use" approval prior to opening for business. It must be determined that a particula r type of business has a unique as- pect that needs to be regulated so that it will not adversely affect the community , and it is dif- ficult to prove that one particular business is different from other businesses. In the issue of pawn shops, much of the concern is centered on aesthetics (barred windows) and clientele. Some concern has been expressed that other businesses will suffer a decline when pawn shops come into a community. In relation to the bars on windows, what merchandise does a pawn shop have that warrants barred windows; is there a need to make the business look like a for- tress . Mr. Redpath asked about restricting business hours. Mr. Stitt stated that business hours are not re stri c ted now, as a rule. Mr. Redpath suggested that if the pawn shops were required to close by 7:00 P.M. or 8:00 P.M., this might discourage some of the more undesirable clien- tele. Mr. Stitt pointed out the need to find it necessary to restrict the hours of one particular business and not another business. Mr. Stitt further pointed out that restrictions imposed on particular types of businesses are, more often than not, subjected to judicial review, and cited the court determination two years ago regarding the Conditional Use provisions as they applied to the adult book store on South Santa Fe. Ms . Tobin addressed the issue of fees and the lack of facts presented thus far on how much cost there is to be recovered. Did staff check with the Police Department, or with the City Attorney. Mr. Sti tt stated that staff has worked with the Police Division, and with the City 2 Attorney, and the proposals as outlined in his memorandum are legal. Ms. Tobin wanted to know how many complaints have been received, and stated that all she has heard so far are "things floating through the air". Mr. Mason commented that in his opinion, one of the real objections to pawn shops is their association with poverty, and there is a powerful political perception that such businesses are undesirable. Mr. Stitt stated that the Planning Commission has to consider issues from the view point of what is best for the community in terms of good planning. Further discussion ensued. Ms. Becker asked i:f other businesses are "licensed". Mr. Stitt stated there is no "general busi- ness license" required in the City of Englewood; there are sales tax licenses, direct selling li- censes, and vendors licenses which are required of specific businesses. Mr. Stitt reviewed the attempt a couple of years ago to institute a "business license", and the issues behind the need for such a license. There is no way to determine how many "businesses" there are in Engle- wood; the retail businesses must have sales tax licenses, but there are many other types of businesses which do not require such a license. The proposal was vehemently opposed by the business community after it was suggested that a $100 fee be required for each license, and the proposal was dropped. Further discussion ensued regarding pawn shops. Mr. Redpath commented on the perception that "laundering and fencing" operations are closely associated with pawn shops. Mr. Weber stated that a good pawn shop should be of help in determining such activities. Ms. Becker stated that she would think that the amount of sales from a pawn shop might be comparable to sales from a second-hand store or used car lot. Mr. Stitt estimated that probably 90% of pawn shop dealers are legitimate businessmen , but the idea of "pawn shop" has an unsavory reputa- tion. A lot of people use pawn shops for short-term loans. He noted that the gold and silver exchanges that were so popular a few years ago were a form of pawn shop. Mr. Redpath asked how long items may be pawned. Ms. Tobin stated that the usual initial contract is 30 days, plus interest. The item may be redeemed at the end of the 30 day period, or there may be a monthly fee paid for a longer pawn period; sometimes the pawn shop owner can refuse to extend the contract for redemption. Mr. Mason stated that he understood the in- terest rate charged is comparable to that charged on credit cards. Mr. Stitt stated that he has been told the pawn shops will only give 10% of the value of any item brought in to pawn; however, the prices listed on items for sale are not cheap. The concept of pawn shops was further discussed. Mr. Stitt stated that the dealers have indi- cated they are trying to make their business respectable in the eyes of the general public. Mr. Mason reiterated his opinion that a lot of the problem is the association of pawn shops with poverty --banks loan to those who "have money", small loan companies loan to those who "have some money", and pawn shops are for those who "have no money." Mr. Stitt suggested that a lot of the issues applicable to pawn shops can also be applied to sec- ond-hand stores. Mr. Mason pointed out that some of the second-hand stores are sponsored by 3 "wealthy" supporters, such as Channel 6 and the Junior League of Denver. Ms. Becker com-e mented there is a fine line between second-hand stores and antique shops, also. Mr. Stitt stated that he had researched the issue of "antiques" recently, and learned that to qualify as an antique, an item must be at least 100 years old. A lot of the second-hand stores try to pass items off as antiques, when they really are not. Mr. Stitt suggested that the Commission must 1) establish if there is a problem with prolifera- tion of pawn shops, and does it need to be addressed in terms of zoning, and 2) if there is a problem with pawn shops, what is the proper way to regulate them. Mr. Mason asked Commission members how many feel there may be a problem with pawn shops in Englewood. Ms. Becker, Mr. Weber, and Mr. Mason feel there may be a problem. Ms. Becker commented that she has the same concern on pawn shops that she does on the pro- liferation of car lots along Broadway --something must be done to avoid "trashing" the neigh- borhoods . Mr. Mason stated that four members of the Commission do not sense a problem with pawn shops, and that three members are of the opinion there is a problem. Mr. Dummer commented that he is not of the opinion that the current number in business in the City present a problem, but if a "considerable number is added", he would be concerned. Mr. Dummer commented on the appearance of the pawn shops that used to be in downtown Denver --they were next door to each other, or separated by a bar, and would take up entire blocks . This was objectionable. He stated that he has purchased a lot of things from pawn shops , but noted that it took a lot of negotiation to get the prices down. Pawn shops are in business to make money. Mr. Shoop commented on the economic principals --pawn shops will locate in close proxim - ity , the same way furniture stores or car dealerships do --they feed off the competition. Mr. Mason stated that he wanted to see a diversity of businesses in Englewood. Ms. Tobin suggested that possibly pawn shops could be considered less unpalatable aestheti- cally if they were to use ornate ironwork over the windows rather than the typical grillwork. Ms. Becker stated it is her opinion that, even though we do need to get more statistical data, there is a need to address a legitimate way to enact controls for pawn shops. Mr. Weber sug- gested that if regulations in Englewood are more "lax" than those of other communities, Englewood will become an attractive location for this type of business. He urged that staff research how other municipalities are addressing the issue of pawn shops, and report back to the Commission. Mr. Mason suggested that some of the concerns regarding businesses with unpopular connota- tions is the perceived loss of property values for other businesses , and in the community in general. Mr. Dummer discussed the issue of lease rates for frontage on South Broadway ver- sus that of street frontage north of the former Wards site in Denver. The cost per square foot of leasable frontage will influence the location of businesses. Mr. Stitt asked "what does it say about Englewood to allow pawn shops --does this business need a 'low rent' area , or is there a demand for this type of business in Englewood". The issues of appearance and perception 4 were further discussed. Mr. Mason noted that a concentration of businesses such as pawn shops in any particular area can lead to costlier and longer redevelopment efforts. Ms. Tobin commented that once the mall is redeveloped, property values will increase, and she anticipates that redevelopment will occur along Broadway. Ms. Becker agreed property values will probably increase once the mall is redeveloped; however, in her opinion some controls should be enacted on the location of pawn shops before values decline further. The impact of light rail, and the threat of the loss of light rail, on redevelopment of the mall was raised for discussion. Mr. Stitt stated that staff will research other communities to determine their regulation efforts, and gather socio-economic data in Englewood. Mr. Dummer suggested that proposal #1 in Mr. Stitt's memo would be the most advantageous to the City of Englewood as a means of regulation of pawn shops. This provision reads as follows: # 1. Maintain pawn shops as a permitted use in the B-2, Business District, but with a spe- cific requirement for a minimum distance between any two pawn shops. This would act to limit the maximum number of pawn shops that could operate in the City at any one time. Mr. Stitt stated that this proposal is based on Aurora's provisions, which places a two mile limitation between two pawn shops. The other proposed avenues for regulation were dis- cussed. It was the consensus of the Commission that #2 and #3 should not be pursued. The options for consideration were the afore-cited #1, and #4, which is to "Leave the current regu- lations as they are." Ms. Tobin commented that pawn shop owners may favor the implementation of provision #1, because this could tend to limit competition. Mr. Shoop inquired whether there are regulations on business hours for any business. Mr. Stitt stated that unless justification can be clearly established for restriction of business hours, he would not suggest this. Discussion ensued. Mr. Mason suggested the possiility of consid- ering restrictions on business hours for all businesses. The businesses that are open 24-hours per day were briefly discussed. The consensus of the Commission is that staff shall proceed to gather information from other municipalities regarding control of pawn shops, and to get statistical data for presentation to the Commission at a future meeting. IV. PUBLIC FORUM. No one was present to address the Commission. 5 V. DIRECTOR'S CHOICE. Mr. Stitt stated that he had a couple of things for discussion. A. Home Occupations. Mr. Stitt noted that at the last meeting the issue of Home Occupations, which was remanded to the Commission by City Council, was considered, and a suggestion was made to develop a survey as part of the February/March Englewood Citizen. A tentative schedule was also con- sidered, whereby the Public Hearing would be scheduled for the last meeting in March. Mr. Stitt stated that in addition to the survey, he wanted to suggest that "public meetings" in the neighborhood schools (Charles Hay and Clayton or Sinclair) be scheduled in an effort to reach more residents and inform them of the proposals. Mr. Stitt expressed the opinion that errone- ous information regarding home occupations has been circulated, particularly in the R-1-A District, and suggested that all residents of that zone district might be amenable to a neighbor- hood informational meeting prior to the Public Hearing. Mr. Stitt stated that if the Commis- sion fa vors this proposal, it may mean rescheduling the Public Hearing to sometime in April to allow time for the public meetings. Ms. Becker discussed the ESTA meeting she hosted in her home this last summer , and sug- gested that the more informal setting lends itself to a freer discussion atmosphere. Mr. Mason commented that survey results aren't really a representative sampling of neighbor- hood opinions; interviews are much better , but the neither the Commission nor the City have the manpower to do such interviews. He suggested specifically targeting those who voiced objections at the City Council level to determine their concerns. Mr. Redpath commented on the activity in opposition to the home occupation issue in his neighborhood. Mr. Stitt stated that Council received objections regarding the home occupation issue , objec- tions which were not voiced at the Planning Commission Hearing, and has directed the Com- mission to reconsider this matter. The majority, if not all, of the concerns voiced were regard- ing allowing home occupations in the R-1-A District. Mr. Mason questioned that if the public meetings were to be held, should they be held only in the R-1-A districts, and not in the other districts to properly inform those residents also. Discussion ensued. Mr. Stitt stated that some of the concerns that were voiced at the Council level were that home occupations in the R-1-A District "may" lower those property values, and the reason people purchased that particular home was because of the "restrictive" zoning; and increased traffic . Ms. Becker stated that it is the job of the Planning Commission members to encourage atten- dance at Public Hearings, noting that each member needs to talk to their neighbors and other people throughout the City that they know. Mr. Stitt reiterated his opinion on the need for the Commission and staff to go out to the community and have small, neighborhood discussion sessions. 6 Mr. Weber suggested if the survey is put together, possibly distributing it through Englewood, Focusing on Tomorrow membership or in the Library. Discussion ensued. Mr. Redpath noted that Councilman Waggoner had hosted two community meetings, and that older residents voiced concerns about property value decline if home occupations were to be allowed. A number of the residents were also very concerned about the group home on East Floyd Avenue, and were displeased with its location in that neighborhood. The residents were also very opposed to inclusion of beauty shops as a home occupation. If the district regula- tions are amended to allow home occupations, we should consider a list of uses that would be "excluded" as home occupations~ Mr. Stitt agreed that a list of "excluded uses" as home occu- pations might make allowing other non-intrusive home occupations more acceptable to resi- dents of the R-1-A District. Mr. Mason questioned the advantages to the City of changing the status quo in the R-1-A Dis- trict. Mr. Stitt stated that there are home occupations in existence in the R-1-A District today, and the impression he has from resident's testimony at the Council level seems to be that what is there, even though it's currently illegal, is OK but don't allow anyone else to do it. Further discussion ensued on the merits of public meetings. Mr. Mason suggested that if we proceed with the public meeting concept, he would ask that staff address benefits of the ordinance amendment on home occupations, costs, fears and perceptions that have been voiced thus far. Mr. Shoop suggested that the survey in the Citizen should be scrapped, and Mr. Redpath spoke in favor of doing the survey. Further discussion followed. Mr. Stitt stated that he will draft an article for inclusion in the Citizen and outline the background of the proposed amend- ments. The article should also address the issue that illegal home occupations may be at risk through increased enforcement if the proposed amendment is not approved. At the Public Hearing, he will address the benefits of the amendments. Mr. Mason asked if it would be possible for the Commission to review the article before publication, and Mr. Stitt stated it will be presented to the Commission at their first meeting in February. The types of uses that might be acceptable as home occupations were considered. Mr. Mason suggested the possibility of allowing only "non-intrusive uses" as home occupations in all dis- tricts. Ms. Becker also suggested setting standards for the conduct of the home occupation, i.e., limiting the number of vehicles related to the home occupation at any one time. The parking of business vehicles in a residential neighborhood was discussed. Mr. Mason noted that City employees who drive City vehicles to-and-from work park their vehicles in front of their homes. Ms. Becker stated that if an employee is on-call, they have a right to have a business vehicle parked in front of their home; otherwise, a business vehicle should not be parked in a residential neighborhood overnight. Further discussion ensued. B. Englewood, Focusing on Tomorrow Mr. Stitt stated that EFOT is ready to form task forces focusing around the vision statement. There will be five task forces, addressing: 7 • Government and Crime • Business and Transportation • Environment and Culture • Housing and Community Pride • Education Mr. Stitt stated that the goal of EFOT is to define goals and action programs to get where we want to be in the future. Mr. Stitt characterized the concerns with Cinderella City as a "short term problem, with long-term implications", pointing out that when the mall area is redevel- oped within the next three years, there will be other areas such as the General Iron site to be considered , and business and industrial redevelopments throughout the City. Ms. Tobin left the meeting at 8:50 P.M. Ms. Becker noted that some time ago, Mr. Merkel had reminded the Commission that even though the mall was declining, Englewood does have a lot of other vibrant businesses. She expressed an interest in serving on the business and transportation focus group . Mr. Mason expressed the hope that the redevelopment of the mall area will provide a lot of park and open area. Mr. Stitt stated that on Monday evening, January 16, City Council ap- proved negotiations with Miller/Kitchell for the redevelopment of the mall. There still needs to be a development agreement written and approved by all parties involved , securing tenant leases, approval of planned development by the Commission and Council, demolition and re- construction. It is estimated that this will be a three-year project. Mr. Stitt stated that while we are on the subject of Cinderella City, he wanted to commend Commissioner Dave Weber for his excellent letter to the editor of the Englewood Herald re- garding the redevelopment of Cinderella City . Members of the Commission asked that they be provided with copies of Mr. Weber's letter. C. RTD /Light Rail Mr. Stitt noted that all four finalists considered for developer rights to the mall indicated they would like to incorporate light rail into their design, but that if light rail were not to occur, it would not be fatal to their plans. Mr. Merkel, City Manager Clark, Mayor Burns, and other City officials are attending the RTD Board meeting in Denver at this hour. One of the items on the agenda is the issue of whether continuation and extension of light rail lines should be approved. Ms. Becker stated that she has ridden the light rail to downtown Denvt'.r, and is very impressed; the lines to the southern suburbs should definitely be built. Mr. Mason agreed that light rail lines should be built south through Littleton. 8 VI. C01\1MJSSIONER'S CHOICE. Ms. Becker asked for an explanation of the recent re-organization affecting Code Enforcement. Mr. Stitt explained that the Building & Safety Division and the Neighborhood Services Divi- sion have been combined into the "Community Services" Division, overseen by Fire Marshal Jim Blumenthal, and reporting to Safety Services Director Al Stanley. Abandoned vehicle and parking enforcement responsibilities were transferred back to the Safety Services Department. Code Enforcement, Building and Safety, and Animal Control (Community Services) is, re- portedly, in Safety Services Department on an interim basis. Discussion ensued. Mr. Mason stated that he received a copy of Mr. Covens' letter of resignation; discussion en- sued. Mr. Covens expressed frustration with the accomplishment level of the Commission during his membership in his letter of resignation. Ms. Becker commended Mr. Mason for allowing an open and free-flowing discussion on top- ics before the Commission this evening. She expressed her opinion that this discussion was important , and that members were interested. Ms. Becker addressed the lack of accomplish- ment by the Commission, noting that staff for the Planning program in Englewood "has been cut to the bone ", and staff cannot keep up with the demands on their time and energy. She re- called when she wa s previously on the Commission, there were up to four more persons on the pro fes sional Planning staff. Mr. Mason stated that the trend is to "do more with less " and to make better use of the staff available. Brief discussion ensued. Mr. Dummer moved the meeting be adjourned; Mr. Redpath seconded. The meeting was de- clared adjourned at 9:10 P.M. Gertrude G. Welty, Recording Seer 9