Loading...
HomeMy WebLinkAbout1994-06-21 PZC MINUTES. i e CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JUNE 21, 1994 I. CALL TO ORDER. Vice Chairman Mason called the regular meeting of the City Planning & Zoning Commission to order in the City Council Chambers at 7:00 P. M. Members Present: Shoop, Tobin, Becker, Dummer, Garrett, Mason Members Absent: Covens Also Present: Planning Administrator Stitt Assistant City Attorney Brotzman II. APPROVAL OF MINUTES June 7, 1994 Mr. Mason asked for a motion to approve the Minutes of June 7, 1994. Tobin moved: Dummer seconded: The Minutes of June 7, 1994 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Shoop, Tobin, Becker, Dummer, Mason None Covens Garrett The motion carried. ID. BROADWAY SPORTS CENTER 3978 South Broadway Conditional Use Expansion CASE #10-94 Mr. Mason stated that the issue before the Commission is to consider a request to expand an existing conditional use. Mr. Mason asked for a motion to open the Public Hearing. Becker moved: Shoop seconded: The Public Hearing on Case #10-94 be opened. 1 AYES: Tobin, Becker, Dummer, Garrett, Shoop, Mason NAYS: None ABSENT: Covens ABSTAIN: None The motion carried. Mr. Mason asked that staff present the case. Harold J. Stitt was sworn in, and presented the Chair a copy of the Public Notice which was published in the Englewood Herald on June 9, 1994. Mr. Stitt testified that the request, filed by Carter Enterprises, Inc., is for expansion of the Conditional Use by construction of an addition to the rear of the building at 3978 South Broadway. Mr. and Mrs. Carter have been operating the Broadway Sports Center since the Conditional Use was initially approved by the Planning Commission in 1989. A condition im- posed at the time of approval was for a six month review, which was accomplished success- fully. No problems were noted, and the requisite periodic review was rescinded. The struc- ture is a one story building, and the proposed addition will be to the rear of the building to provide additional space for foos-ball and pool tables. Mr. Stitt addressed the one area of concern, that being parking for the use. Five parking spaces are provided at the rear of the site; however, because of the fencing and delineation that was required by the Commission in 1989, they are basically unusable. There is a provision in the Comprehensive Zoning Ordinance that if off-street parking cannot be provided on the same site as the business, it may be located within 400 feet of the business; the parking must be within the same zone district, or within an R-4 Zone District. Mr. Stitt stated that Mr. Carter has obtained a lease for ten parking spaces across the street to the west of his business, said lease being with Kathy's Import Chalet, and presented copies of this lease to the Commission for their perusal. This lease, if accepted by the Commission and if the expansion of the Con- ditional Use is approved, will be recorded with the Arapahoe County Clerk & Recorder. The lease allowing joint use of the off-street parking must be in effect for the length of time this particular use is in operation. Mr. Stitt stated that while Mr. Carter plans to retain his busi- ness location for some time, in the event the property were to be sold, a new business owner or tenant might not be able to negotiate a parking lease at the same location, or the parking needs of a future business might be more intensive than present needs. Mr. Stitt stated that calculations on required parking for Kathy's Import Chalet indicates a surplus of parking spaces in that parking lot at the present time. Mr. Stitt discussed the scarcity of parking for Broadway businessmen throughout the City, noting that in the 3300 and 3400 blocks of South Broadway, there is some public parking on South Lincoln and South Acoma Streets. Staff has considered several ways to address the is- sue of needed parking, and one proposal is to adopt a "fee in lieu of parking" amendment to the Comprehensive Zoning Ordinance. This proposal would work in much the same way as the "fee in lieu of landscaping" provision; if landscaping cannot physically be located on a subject site, the businessman pays a fee to the City which is escrowed and used for landscaping im- 2 t e provements in public areas. The fee amount per parking space would have to be determined, but those fees would be escrowed and used to purchase and develop sites for public parking. Mr. Stitt emphasized that this is only a proposal that is under consideration by the staff, and would require an amendment to the Comprehensive Zoning Ordinance to be in effect. Mr. Stitt further addressed the lease presented by Mr. Carter, and stated that if this lease is terminated by either party, Mr. Carter will be required to provide parking for his business at another location. Failure to so provide the required off-street parking would place Mr. Carter in violation of the Ordinance, result in a citation, court determination, and possible closure of the business. Mr. Stitt stated that there are ample incentives to assure that a lease to provide the required off-street parking remains in full force and effect. Mr. Stitt testified that with the exception of the parking issue, there have been no negative re- ports from other Departments, and no complaints regarding the operation of the sports center. If the Commission is of the opinion the lease for parking with Kathy's Import Chalet is in or- der , staff would recommend the request to expand the Conditional Use be approved. Mr. Garrett questioned whether Mr. Carter's clients having to cross Broadway was of concern. Mr. Stitt acknowledged it could be a problem; he emphasized that the Comprehensive Zoning Ordinance requirement is "within 400 feet", and states nothing about location at signalized in- tersections, etc. Mr. Stitt stated that Mr. Carter's clients walk, take the bus, ride bikes, or drive cars. Mr. Mason inquired about parking problems in general in the area. Mr. Stitt stated that the development is "small shops", with short-term customers. Bicycle rack requirements were discussed. Mr. Stitt pointed out that there is no space in the front of the buildings to place bicycle racks because they would protrude into the sidewalk ar- eas; the majority of individuals probably would not want to ride their bicycles down the alley if the racks were provided at the rear. Ms. Becker asked whether the new construction would require compliance with the landscap- ing provisions. Mr. Stitt stated that it does; inasmuch as there is no space on the lot to provide landscaping, the "fee in lieu of landscaping" provision will apply in this instance. Ms. Becker asked how the Commission would know whether the parking lease is in effect from year-to-year. Mr. Stitt suggested that the City could require notification of the renewal. Mr. Shoop asked whether the Commission should be concerned with the "footprint" of the structure. Mr. Stitt responded that the approval of the Commission is on the expansion of the "use", not of the structure. Gregory E. Carter, 3978 South Broadway, was sworn in. Mr. Carter presented the Certifica- tion of Posting to Vice-Chairman Mason. Mr. Carter testified that he has been in business at the Broadway address in excess of four years, and has had no problems with his clients. The 3 the Broadway address in excess of four years, and has had no problems with his clients. The e rules of conduct and dress code are prominently posted, and clients know they are expected to abide by those rules, or leave the premises. Mr. Carter stated that his business hosts foos-ball tournaments every Thanksgiving holiday, and he would like to expand the premises to provide space for additional foos-ball and pool tables. Mr. Carter emphasized that the management and ownership of the business will remain the same. Mr. Carter stated that the lease is in ef- fect for five years, and will automatically renew for 15 years. Most of the parking for the businesses along Broadway is on-street on Broadway. He does not know of problems experi- enced by his clients parking on Broadway. Mr. Carter presented the Chair with a letter signed by Mr. Robert Naudack, owner of property at 3971, 3983, and 3997 South Lincoln Street, which letter states no objection to the expansion of the business. Ms. Tobin asked about the lighting of the parking lot. Mr. Carter stated there is street light- ing, and a pole in the center of the lot that he believes is controlled by Public Service Com- pany. Mr. Shoop inquired about the clientele of neighboring business, and whether they attract short- term or long-term customer parking needs. Mr. Carter discussed the neighboring businesses, cellular phone sales, a temporary job service, dog grooming salon, etc. Most of the businesses are short-term parking, and the dog-grooming salon is "by appointment only". Mr. Carter emphasized that his customers come in the evening; there are bicycle racks to the rear of his business , and there will be bike racks even after the structural expansion; there will be an exit to the rear from the building, but no unrestricted entrance to the building from the rear. Ms. Tobin stated that neighborhood youngsters who have talked to her regarding the Broadway SportsCenter have commended Mr. Carter for a clean, safe business where they "feel safe". Garrett moved: Shoop seconded: The Public Hearing on Case #10-94 be closed. AYES: NAYS: Becker, Dummer, Garrett, Shoop, Tobin, Mason None ABSENT: Covens ABSTAIN: None The motion carried. Mr. Mason asked the pleasure of the Commission. Becker moved: Garrett seconded: The Planning Commission approve the expansion of the Broadway Sports Center Conditional Use, with the following condition: 1. On a yearly basis, using the approval date as the anniversary date, the Community Development staff shall review a parking lease 4 ·J providing 10 off-street parking spaces for the Broadway Sports Center. If a parking lease is found to not be in effect, the appropriate action shall be taken to assure compliance with off-street parking requirements. Mr. Mason questioned whether this placed an onerous burden on Mr. Carter. Mrs. Becker emphasized the Commission must not consider just the "here and now", but also future use of the building should Mr. Carter sell the site. Mr. Dummer pointed out that Mrs. Becker's mo- tion requires 10 parking spaces, and that a future business may not require 10 spaces, or may require in excess of 10 parking spaces. Discussion ensued. Mrs. Becker clarified that her motion is not intended to require Mr. Carter to reappear before the Commission on a yearly basis; it does place the responsibility to assure a lease is in force and effect on the staff. Fur- ther the motion is intended to require the 10 off-street parking spaces for the duration of the conditional use as Broadway Sports Center. AYES: NAYS: ABSENT: ABSTAIN: Dummer, Garrett, Shoop, Tobin, Becker, Mason None Covens None The motion carried. Mr. Carter was thanked for his attendance. IV. FINDINGS OF FACT Colorado Medical Center P.D. Handicapped Parking Requirements Case #8-94 Case #9-94 Mr. Mason asked for consideration of the Findings of Fact on Case #8-94, Colorado Medical Center Planned Development. Becker moved: Tobin seconded: The Planning Commission approve the Findings of Fact for Case #8-94, the Colorado Medical Center Planned Development. AYES: NAYS: Shoop, Tobin, Becker, Dummer, Mason None ABSENT: Covens ABSTAIN: Garrett The motion carried. Mr. Mason asked for consideration of the Findings of Fact on Case #9-94, amendment of the Comprehensive Zoning Ordinance, Handicapped Parking Standards. · 5 Mason moved: Tobin seconded: The Planning Commission approve the Findings of Fact for Case #9-94, Handicapped Parking Standards amendment. General discussion on the proposed amendment ensued . AYES: NAYS: Shoop, Tobin, Becker, Dummer, Mason None ABSENT: Covens ABSTAIN: Garrett The motion carried . V. PUBLIC FORUM. There was no one present to address the Commission. VI. DIRECTOR'S CHOICE. Mr. Stitt distributed information on Englewood By Design/Englewood Focus on Tomorrow to members of the Commission. He reminded Ms. Tobin there is a strategic planning session scheduled for 5:45 P.M. on June 22. Ms. Tobin pointed out that this meeting conflicts with the Southwest Corridor meeting in Lit- tleton , and asked if anyone from the City will be attending this meeting. Mr. Stitt assured Ms. Tobin that the City will be represented at that meeting. Mr. Stitt then distributed a letter from David Faria, a used car dealer at 2820 South Broadway. Mr. Faria is requesting an amendment to the fence ordinance to allow the construction of a six foot (6 ') chain link fence across the front of auto dealerships on Broadway. Mr. Stitt stated that Mr. Faria has constructed such a fence~ and received a citation from Neighborhood Serv- ices because he is in violation of the Comprehensive Zoning Ordinance, which allows fences no higher than 30 inches of ornamental iron across the front of the property. Mr. Stitt stated that the typical car dealership uses the metal poles with chain between the poles, which inhibits theft of vehicles from the lots. Ms. Tobin asked if Mr. Stitt had considered a "sliding" chain link fence to allow the lot to be closed off at night; would this be objectionable. Mr. Stitt stated that in his opinion, it would be objectionable. Mr. Faria has been advised to take his request through the Board of Adjust- ment & Appeals and request a variance to the provisions of the Ordinance; Mr. Faria has cho- sen not to pursue this course of action, but wants the Ordinance amended. Mr. Stitt pointed out that six foot chain-link fencing at the rear of a dealership is approved, but six foot fencing along the front of the businesses along South Broadway is not permitted. 6 e Mrs. Becker discussed Mr. Faria's business location, and expressed her opinion that it is ex- tremely unattractive. She questioned how this business has been allowed to operate but not comply with the landscaping ordinance. Mrs. Becker advised that there are a variety of ways to protect vehicles from being stolen, and pointed out that Mr. Faria is in a high risk business. Mr. Garrett inquired about police reports of vandalism and thievery from Mr. Faria's busi- ness, and how they compare to other similar businesses. Mr. Stitt stated that Mr. Faria has verbally advised him that he (Mr. Faria) "doesn't even call the police department any more" to report thievery. Discussion ensued. Mr. Stitt stated that he will check into the police reports of vandalism and thievery at used car dealerships. Mason moved: Shoop seconded: A letter be sent to Mr. David Faria advising him that he should file a request for a variance with the Board of Adjustment and Appeals to al- low the six foot high fence along the front of his property. The Planning Commission will not consider an amendment to the Fence Ordinance as it applies to the B-2 Zone District until a determination is made by the Board of Adjustment and Appeals. AYES: NAYS: Shoop, Tobin, Becker, Dummer, Garrett, Mason None ABSENT: Covens ABSTAIN: None The motion carried. Mr. Stitt stated that Omak's Place has ceased operation; this eliminates any item of business which was scheduled for the next meeting of July 6. Mr. Stitt also pointed out that July 6 is a Wednesday evening meeting because of the holiday. He asked the pleasure of the Commission on possible cancellation of the meeting. It was moved by Ms. Tobin, seconded by all other members, to forego the July 6th meeting unless an emergency request arises. The motion carried. VII. COMMISSIONER'S CHOICE Ms. Tobin stated that she would continue attendance at the EBD/Englewood, Focus on Tomor- row meetings through the end of August. She would appreciate someone else attending some of the meetings at that point in time. There being no further business to come before the Commission, the meeting was declared ·:zed. ~ffeA, "~£-Gertrude G. Welty, 7RecordiflgS~tary 7