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HomeMy WebLinkAbout1993-04-06 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION APRIL 6, 1993 I. CALL TO ORDER. Chairman Covens called the regular meeting of the City Planning & Zoning Commission to order at 7:00 P.M. in the Community Room of the Englewood City Hall. Members Present: Tobin, Draper, Dummer, Garrett, Gerlick, Shoop, Covens Merkel, Ex-Officio Members Absent: Mason, Cuesta Also Present: Harold J. Stitt, Planning Administrator Charles Esterly, Director of Public Works Rick Kahm, Engineering Manager Ladd Vostry, Traffic Engineering Analyst Nancy Bauer, CRSS Mike Tupa, CRSS II. APPROVAL OF MINUTES Members of the Commission again discussed the presence/absence of Mr. Garrett on March 2, and his participation in a portion of the discussion at that meeting via telephone. Mr. Covens stated that he had discussed this with the attorney's office, and that Mr. Garrett should be designated as participating by telephone. Mr. Mason entered the meeting and took his chair with the members of the Commission. Mr. Garrett stated that he had also discussed this with legal counsel, and that he understood it would be acceptable for him to be designated as "present by telephone". Mr. Merkel suggested that it would be appropriate to indicate that a board member is not "present", but does participate by telephone at the beginning of the Minutes. Mr. Merkel noted that Mr. Garrett's participation by telephone in a portion of the discussion was noted in the body of the Minutes. Mr. Merkel further suggested that while it is important to show that a member may be designated as "present, or participating by telephone", it is equally impor- tant that the member not be shown to be present as other members are "physically present". Draper moved: Tobin seconded: The policy shall be to allow an individual to be shown as "not present but participating by telephone". This policy shall not apply to Public Hearings, where telephone participation is not deemed appropriate. AYES: NAYS: ABSENT: ABSTAIN: The motion carried. Draper, Dummer, Garrett, Gerlick, Mason, Shoop, Tobin, Covens None Cuesta None Mr. Covens then inquired whether Mr. Garrett would be paid for both meetings; it was his opinion the City should pay for the telephone expenses for Mr. Garrett's participation. Mr. Merkel indicated that it is his responsibility to administer the budget, and that Mr. Garrett will, in fact receive pay for both meetings. Ms. Cuesta entered the meeting during the previous discussion, and took her chair with mem- bers of the Commission. Mr. Covens asked that the · Minutes of March 16 be amended on Page 7, Line 1, to reflect "City legal counsel" rather than "City Council." Tobin moved: Draper seconded: The Minutes of March 16, 1993 be approved as amended on Page 7 , Line 1. AYES: NAYS: ABSENT: ABSTAIN: Draper, Dummer, Garrett, Gerlick, Mason, Shoop, Tobin, Cuesta, Covens None None None The motion carried. III. U. S. 285: BROADWAY EAST TO SOUTH UNIVERSITY CRSS Study Mr. Esterly introduced members of his staff and members of the CRSS Consulting firm. Mr. Esterly reviewed the previous study of U. S. 285 from Broadway west to Santa Fe Drive, which was also done by CRSS. The study on the western portion of U.S. 285 was a more complex undertaking, involving several alternatives such as a one-way couplet, elevated road- way, depressed roadway, etc. The input from the business owners abutting U.S. 285 on the south indicated they didn't want to have the roadway widened and lose their business, nor did they want the access to their establishment destroyed, and did not want their business inter- rupted in any manner. This study was submitted to the Denver Regional Council of Govern- ments to support the request for the widening of the Broadway bridge. Mr. Esterly com- mented that in the matter of "capacity", the Colorado Department of Transportation (CDOT) was not interested in making improvements at the Broadway bridge, but when the "safety" is- 2 sues were pointed out, they were. It appears that the City is in line for 1995 funding for de- sign on the . widening of the Bridge. Mr. Esterly stated that CDOT has committed to installing raised medians in U.S. 285, but the City of Englewood had to agree to maintain them. The project will be funded 50150 by the City and State. Mr. Covens inquired about the possibility of a parallel access road across the Cinderella City parking lot from Elati to Santa Fe Drive. Mr. Esterly indicated the area where the access road would probably be located, and pointed out that the deck isn't designed to handle large truck traffic. He stated that he had tried to drive the "access road", and it doesn't really work. Points of access into Cinderella City were considered, and Mr. Esterly stated that Galapago will remain as a main point of entry. Mr. Esterly further commented that the results of the re- cent MAS Marketing study done for Cinderella City do not suggest that access to the Mall is a problem. Ms. Tobin inquired whether the area of notification was expanded for the western leg of U.S. 285. Mr. Esterly stated that it was not; the meetings were publicized in the newspaper, and letters were sent to those most directly impacted by the suggested improvements. Mr. Esterly discussed signage that will be posted at key locations which would allow U tum movements on U.S. 285. Ms. Tobin inquired about the "frontage" or "ring road" on the lower level of the parking deck. Ms. Bauer, of CRSS, pointed out that ramps down and up would have to be constructed, and the distance factor is such that this would not be practical. Pedestrian crossing of U.S. 285 was discussed. Mr. Esterly emphasized the need to activate the walk-light buttons, which does give time to cross the Highway. Mr. Esterly also reviewed consideration of an overpass to provide crossing for pedestrians and handicapped; however the elevation and ramp ratios made this impractical; the only way this would work would be with elevators at either end of the overpass. Mr. Esterly then addressed the Phase 2 of the study, that applying to U.S. 285 from Broadway east to South University Boulevard. He stated that 500 notices were mailed giving notice of the date and time of the first public meeting; 12 people attended the meeting. Mr. Esterly stated that there are fewer businesses on this stretch of the Highway, but there are offices and apartments which have highway frontage. CRSS hopes to have the preliminary work on the study done by May 31, 1993, and we hope to have some progress on construction of the medi- ans yet this year. Ms. Nancy Bauer of CRSS addressed the Commission. They are evaluating current and future capacity needs on this portion of U.S. 285, and will be considering such matters as capacity improvements, accident prevention, aesthetic improvements, landscaping improvements, etc. 3 Ms. Bauer stated that they have reviewed the accident records on this portion of U.S. 285; there are approximately 250 per year on this portion of the Highway. Ms. Bauer cited state averages for accidents per million miles, and injury accidents per million miles, and contrasted those figures to the figures for U.S. 285: State accidents --3 per million road miles; U.S. 285 --5 per million road miles; State injury accidents --1.1 per million road miles vs 1.5 for U.S. 285. Ms. Bauer stated that the public meeting yielded quite a few comments and suggestions even though the attendance was small. Among some of the suggestions were: better enforcement of the speed limit; signs warning of signal lights ahead; acceleration lane at University/285 needed; close the Marion intersection; close the Sherman intersection; snow plowing damages fences, etc. when plowed to the side; bicycle crossing; timing of improvements; funding of improvements; Cherry Hills Village involvement. Mr. Mike Tupa, CRSS, addressed the Commission regarding the raised medians, the landscap- ing of those medians, and the maintenance of the medians. Mr. Tupa stated that the installa- tion of the medians will be a means to "unify" the corridor. Mr. Tupa stated that other urban design factors will also be considered, such as lighting, signage, etc. Maintenance of the me- dians can be a problem, and he noted that the median widths vary from possibly 15 -20 ft. at the widest down to 2 ft. at the turning lane; this last very narrow part will probably be finished by paving over with concrete or decorative pavers. Plant materials have not been determined; however, they will make use of Xeriscaping, and probably stay away from grass for ease of maintenance. Mr. Covens inquired about the height of the raised medians. Mr. Tupa stated they will prob- ably be raised 18" to two feet. The safety of the maintenance workers was discussed. Mr. Esterly suggested that the mainte- nance of the medians could be done during "off-peak" hours, and that a lane could be closed off to provide an area for the maintenance vehicles and men taking care of the medians. The relation of the improvements along U.S. 285 to Swedish Medical Center was discussed. Ms . Bauer stated that U.S. 285 is signalized at the Logan and Clarkson street intersections; there is uncontrolled access to the medical campus area via turning movements at Pennsylva- nia, Pearl and Washington streets. Some of the accidents cited earlier are caused by left-turn- ing movements at these intersections. However, were the turning movements to be restricted, this could increase the use of and impact on the signalized intersections of South Logan and South Clarkson. Mr. Vostry stated that signs prohibiting left-turns from eastbound to northbound at these inter- sections were installed in November, 1992. In his opinion, this has had a positive effect on decreasing the number of accidents in this location. 4 Mr. Esterly stated that staff has not discussed this issue with Swedish Medical Center; how- ever, we have discussed several other issues with Swedish, and he felt this should also be dis- cussed. Ms. Tobin asked about signage directing motorists to hospital emergency rooms. Mr. Esterly discussed the CDOT rules regarding signage for hospitals; he stated that the signs with "H" and an arrow usually are directing motorists to the emergency facility. Mr. Dummer referenced Phase 1 of the U.S. 285 study, and inquired about a tunnel under the highway to facilitate pedestrian crossing movements. Mr. Esterly stated that tunnels seem to be "intimidating", and when this was briefly discussed a lot of negative comments were re- ceived. Tunnels require a lot of security people, and there might be utility lines that would need to be relocated; so cost-wise it might be equal to the overpass suggestion. Mr. Mason inquired if there were improvements proposed for turning movements from the ramps onto Broadway, particularly from westbound to southbound. Mr. Vostry pointed out that the double turning movement from eastbound to northbound is extremely "tight", and that the Broadway bridge will have to be widened to accommodate the wider widths needed for double turning lanes. Mr. Dummer asked if U.S. 285 will be widened. Ms. Bauer stated that the plan is to stay within the present curb lines. The issue of sidewalks was discussed. Mr. Esterly stated that the installation of the sidewalks would be the responsibility of the property owners on the north side of U.S. 285. There are sidewalks on a good portion of the south side of U.S. 285. Mr. Dummer discussed the bus-stop location on U.S. 285 eastbound. Mr. Esterly suggested that the bus stop was probably located as it is in an effort to stay out of the turning lane for motorists wanting to turn south on South University Boulevard; this would prevent the bus from having to maneuver back into the travel lane from the turning lane. Mr. Covens inquired about the possibility of "switch-outs" for the buses. Mr. Kahm stated that RTD doesn't like them because of the necessity of the driver having to then maneuver into the traffic lane. Mr. Covens thanked members of CRSS and the Public Works staff for their attendance and presentation. Mr. Covens then called for a five minute recess at 8: 15 P. M. ********** The meeting reconvened, all members in attendance. 5 IV. NESS MANUFACTURING, INC. CASE #1-93 Subdivision Plat The final Plat of the Ness Manufacturing Subdivision was transmitted to the Commission · in their packets. Mr. Stitt stated that there have been no changes from what had previously been incorporated on the Preliminary Plat, and staff recommends that the Commission accept the Plat and refer it to City Council for approval. Tobin moved: Draper seconded: The Planning Commission accept the Subdivision Plat filed by Ness Manufacturing, and refer said Plat to City Council for approval. Mr. Shoop inquired about the location of the fire hydrant. Mr. Stitt stated that this will be addressed by the Fire Department at the time Building Permits are issued. Staff members from both the Fire Department and Building & Safety Division have been involved in consid- eration of the Plat from the time application was made. The vote was called on the motion: AYES: NAYS: Dummer, Garrett, Gerlick , Mason , Shoop, Tobin, Cuesta, Draper , Covens None ABSENT: None ABSTAIN: None The motion carried. v. COMPREHENSIVE ZONING ORDINANCE Home Occupations in R-1-A District CASE #4-93 Mr. Stitt led the review of the proposed regulations to allow Home Occupations in the R-1-A Zone District. There is a long history that no home occupations are permitted in the R-1-A District, but with the change in life styles, there is a need to address the issue. There is an increased need for some people to work from their homes, and there are now some home oc- cupations such as word processing, desktop publishing, and telecommunications that can be successfully done with no impact on the neighborhood. Mr. Stitt stated that the regulations, as proposed, are copied from those permitted in the other residential districts in Englewood, with the modification to eliminate the restriction against beauticians and cosmetologists operating out of a residence. Mr. Stitt stated that the basic premise for the proposed amendment is to allow only certain types of uses as home occupations, which will not detract from the residen- tial character of the dwelling, or from the neighborhood. Mr. Stitt referenced an article regarding Home Occupations and the treatment of such busi- nesses by the IRS. This was included in the Commissioner's packet for information only. Mr. Stitt stated that in his opinion, the Englewood regulations for home occupations are not at 6 ' odds with the IRS requirements, and that it isn't really an issue; this would be between the IRS and the taxpayer. Mr. Stitt stated that in all probability, there are home occupations which exist in the R-1-A District, and the City should have standards to address these uses. Mr. Stitt stated that studies have shown that home workers can be more productive than those in offices , it results in a decrease in traffic congestion and air pollution, and more and more companies are making provision for home-based employees. Mr. Covens inquired whether existing home occupation regulations in other zone districts need to be amended. Mr. Stitt stated that he did not plan to address this issue at this time , but that one amendment that immediately comes to mind is the elimination of the prohibition on beau- ticians and cosmetologists as home occupations. Mr. Stitt stated that there are plans to com- pletely revise the Zoning Ordinance , probably next year, and that he is not really comfortable making a lot of "little" amendments in a piece-meal fashion at this point. He stated that the matters that have been brought to the Commission for their consideration are issues that have repeatedly been before the Board of Adjustment (garages , carports , sheds , etc.). The impact that home occupations can have on neighborhoods was discussed. Mr. Stitt em- phasized the need to protect the residential character of a neighborhood , and that the home oc- cupation must clearly be secondary to the primary use of the house as a residence. Ms. Cuesta asked what recourse might be if a home occupation goes in wh ich generates a lot of traffic and impacts a neighborhood. Mr. Stitt stated that right now there is nothing to ad- dress the amount of traffic generated by a home occupation. This is something that should be considered: standards to be devised, enforcement methods , etc. Discussion ensued. Ms. Tobin cited a resident across the street from her; this individual gives music lessons, and holds recitals once to twice a month, at which time there can be anywhere from 25 to 50 extra vehicles parked in the immediate neighborhood, and youngsters running back and forth across streets. Mr. Covens asked what could be done were adjacent residents to complain to the City about the increased traffic or impact on their home caused by such a home occupation. Mr. Merkel suggested there may be standards that exist that such uses are violating. Mr. Stitt suggested that staff research how other jurisdictions might handle such problems: limit on the number of students present at any one time, or a restriction that recitals could not be held in private homes, etc. Mr. Merkel suggested that staff review alternatives and report back to the Com- mission. Ms. Cuesta cited a situation that had existed in her neighborhood wherein the residents were manufacturing "speed"; the Police Department could not respond on a drug call inasmuch as it was under the jurisdiction of the DEA; the Englewood Police Department could only respond if a call was made on domestic violence , or some other call. This was a "business" and gen- erated quite a bit of traffic; could this be addressed as a "zoning problem". Discussion en- 7 sued. Ms. Cuesta was advised that this would be "stretching" the zoning applicability on this case. Mr. Dummer recalled that there had been discussions regarding the number of vehicles that could be parked in front of a home. If homeowners must provide off-street parking for two vehicles, why could they not be required to provide parking for the vehicles that are generated by the home occupation. Mr. Stitt stated that the City cannot regulate the number of vehicles that may park on-street that have an affiliation with a particular address, and that provision of parking off-street certainly takes it out of the realm of a "home occupation". Mr. Covens questioned the wording of "Sales off the premises." It was determined that this is the proper wording for the intent of this provision. Mr. Shoop inquired if the home occupation could be conducted only "in" the home. Mr. Stitt stated that the accepted interpretation has been that the use must be conducted "in" the home, and not in a detached garage or shed. Mr. Stitt stated that consideration was given a few years ago to "opening" up the provisions to allow the home occupations to be conducted in the ga- rage, but again, it came down to the type of use that was proposed. Mr. Stitt pointed out that someone could have a "hobby" of woodworking in the garage, with high powered tools; this would be allowed, but not if it was classed as a "home occupation" --it would have to be done within the residence, and the size of motors is limited, also. Mr. Covens suggested that Section "e" needs to be reviewed ; he feels this is the paragraph where some "teeth" could be inserted to address some of the problems that some home occu- pations create. Enforcement procedures were discussed. Mr. Stitt stated that if a complaint is received, staff will certainly check it out; there may not be anything that can be done, but we do respond. Section "f'', the prohibition of a separate entrance, was discussed. Discussion of this provision vs. IRS requirements ensued. Mr. Shoop inquired whether Section "f" could be deleted. Mr. Merkel pointed out that the Englewood ordinance is geared toward minimal to no impact on neighborhoods, and the separate entrance could magnify the appearance of a "business" at a particular residence. Mr. Stitt also spoke against deletion of this provision. Mr. Stitt pointed out that at one time, the State required a separate entrance for beauty shops in homes; how- ever, within the last six years these requirements have been dropped; beauticians doing work from their homes still have to meet licensing requirements. Ms. Tobin stated that she had spoken to Ms. Bremer, who is with the State Child Care Licens- ing Division. Day care homes may provide care for three children under the age of 2 years, plus two before and after children; total may not exceed six children. The providers children are taken into account in computing the total number of children. On the larger child care center, there can be a maximum of 12 children from the age of 2 years and up; there must be two day care providers on duty. For infant care up to 2.5 years of age, there can be a total of 8 ( . four, again with two day care providers on duty. Ms. Tobin stated that there is a growing de- mand for licensed day care homes. Mr. Stitt summarized a recent request before the Board of Adjustment for a daycare home in the R-1-A District; he stated that the neighbors were vehemently opposed to this use, and the Board denied the request because they felt it was not within their purview to grant a use vari- ance. Mr. Stitt stated that staff had researched the issue, had the current State regulations re- garding child care, and recommended that the use be allowed. Mr. Stitt reiterated that con- siderable negative reaction to the proposal was received. Mr. Merkel suggested that the issue of day care is a community issue, and would likely be something that will be considered during the community out-reach activities related to the vi- sioning process. Ms. Tobin stated that she was not suggesting a vote be taken this evening on amending the numbers of children allowed in daycare centers, but only to apprise staff of the current State regulations. She stated that many daycare providers are not licensed. Brief dis- cussion ensued. Ms. Cuesta stated that · she agreed the issue should be considered from a community perspective, and hopefully would result in a community solution on the issue. Further discussion of the daycare provision ensued. Section "j: was discussed. This pertains to the use of electric motors in conjunction with the home occupation. Mr. Stitt stated that it really hasn't been a problem. Shoop moved: Cuesta seconded: That Section "j" be deleted. Mr. Stitt stated that the restriction on the size of electric motors is a way to limit the use of commercial or industrial equipment in conjunction with a home occupation. He suggested that staff review regulations from other jurisdictions to determine how they handle use of electric motors. Mr. Shoop withdrew his motion. Section "k" was considered. The Commission questioned that "dump trucks" is a use, and whether they should be eliminated from this section. Mr. Covens stated that Title 15 ad- dressed the types of vehicles that could be parked in the residential areas of the City. Mr. Merkel suggested that the wording be modified to state: "In no event shall any home occupa- tion include the following business, commercial activities, OR EQUIPMENT:", which would cover the "dump trucks" prohibition. Mr. Covens stated that the Commission needs further information on Sections "e", "f", "i", and "j". Staff will research and report back to the Commission. 9 VI. PUBLIC FORUM. No one was present to address the Commission. VII. DIRECTOR'S CHOICE. Mr. Merkel stated he had nothing to bring before the Commission. vm. COMMISSIONER'S CHOICE. Mr. Draper stated that had received a complaint, and knows it is factual, that paint fumes from the RR Auto Body Shop at 3850 South Jason get into the air vents and travel into the VFW building when the paint shop doors are open while painting. Mr. Stitt stated that this is a Fire Department/Building & Safety Division issue. Mr. Merkel stated that this would be reported to the proper officials to be checked out. Mr. Covens inquired about Commission member attendance at the Colorado Municipal League conference in Breckenridge. He stated that he found his attendance last year in Ft. Collins to be very interesting. Mr. Covens reported that the University of Denver is sponsoring a seminar on Conflict Reso- lution on Friday. There was nothing further brought up for consideration, and the meeting was declared ad- journed at 9:40 P. M. ~ t,-;; A, L ?/vf- Dertrude G. Welty 7 10