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HomeMy WebLinkAbout1992-10-20 PZC MINUTESCITY O F ENGLEWOOD PLANNING AND ZONING COMMISSION OCTOBER 20, 1992 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Jan Schultz at 7:03 P.M. Members present: Leonard, Tobin, Covens, Draper, Dummer, Gerlick, Schultz Merkel, Ex-officio Members absent: Shoop, Glynn (both members gave previous notice of the absence) II. APPROVAL OF MINUTES. September 22, 1992 Chairman Schultz stated that the Minutes of September 22, 1992 were to be considered for ap- proval. Ms. Tobin asked that Page 4, Paragraph 10, be amended by adding thereto a statement that Mr. McAninch had indicated that Mr. Griego's willingness to install the posts and chain, and to meet with the neighbors, satisfied his concerns. Mr. Dummer stated that on Page 5, Paragraph 3 after the motion, "which" should be "with"; and in Paragraph 5 after the motion, "businessmen" should be changed to "businesses". Draper moved: Tobin seconded: The Minutes of September 22, 1992 be approved as amended. AYES: NAYS: ABSENT: ABSTAIN: Leonard, Tobin, Draper, Dummer, Gerlick, Schultz None Shoop, Glynn Covens The motion carried. ill. COMPREHENSIVE Z O NING AMENDMENT "Dependent Care" CASE #9-92 Mr. Schultz stated that the issue before the Commission is a Public Hearing on the proposed amendment of the Comprehensive Zoning Ordinance to address "Dependent Care". Mr. Schultz set forth the parameters of the Public Hearing, and asked for a motion to open the Hearing. Covens moved: Leonard seconded: The Public Hearing on Case #9-92 be opened. AYES: NAYS: ABSENT: ABSTAIN: Tobin, Covens, Draper, Dummer, Gerlick, Leonard, Schultz None Shoop, Glynn None 1 The motion carried. Harold J. Stitt , Planning Administrator, was sworn in, and testified that the proposed amend- ment will pertain to several sections of the Comprehensive Zoning Ordinance. The proposed amendments will allow the conversion of existing public, religious, or educational structures, no longer used for their original purpose, to be converted to "dependent care" centers, and will change the designation of "child care" or "day care" to "dependent care", with no distinction in age for those to whom the care is provided. 1. The R-1-A District is proposed to be amended by adding a Conditional Use provision for "Dependent Care". Mr. Stitt noted that the R-1-A District at the present time does not allow any Conditional Uses, and Dependent Care would be the only Conditional Use allowed in R-1-A. 2. R-1-B, R-1-C, R-2, R-2-C, and R-4 Zone Districts will be amended to include "Dependent Care" centers as a Conditional Use. 3. The R-3 Zone District will be amended to allow "Dependent Care" centers as a per- mitted use; "child care" centers are now allowed, and this would be substituting "Dependent Care" for "Child Care". 4. A new definition for "Dependent Care" would be included in §16-8-1 , Definitions; said definition to read: "Any establishment which provides less than twenty-four (24) hour shelter, care, activity and supervision (with or without academic instruction) for indi- viduals of any age." Mr. Stitt stated that it is becoming necessary in today's society to make provision for adult day-care as well as day-care for children. The staff was approached by Swedish Medical Center (SMC) regarding the former Washington Elementary School, and the possible conversion of these facilities to provide both child-care and adult-care. SMC is presently leasing the former school and using it as a day-care operation; however , they are now considering the purchase of the property, expansion of the child-care operation, and the possible development of adult-care facilities on the site. Mr. Stitt stated that the child-care operation is not radically different from the use of the site as an elementary school, and it is still under the ownership of the School District. However, with the proposed purchase of the property by SMC, the expansion of the child-care facilities, and the development of adult-care facilities, it is viewed from a different perspective. Mr. Stitt stated that initial consideration was given to rezoning the subject block to R-3, which would allow the "child care center". However, Community Development Director Merkel suggested that a better approach might be that of "Conditional Use" in appropriate zone districts; this would avoid the "spot zoning" aspect, allow for reuse of the unused public, religious or educational structures, and permit neighbors to voice their opinions at the required public hearing for all Conditional Uses. The conversion of these structures to Dependent Care is not automatic, and the Commission may approve or disapprove any specific application. The Commission could also impose specific restrictions on the Dependent Care centers to address situations peculiar to the neighborhood in which they may be located. Mr. Stitt stated that if SMC does, in fact, purchase the former Washington School site, and if the proposed Dependent Care amendments are approved by City Council, the property would have to be posted, public notice given in the Englewood Herald, and a Public Hearing held be- fore the Planning Commission to consider the conversion to a Dependent Care Center. 2 Mr. Stitt pointed out that any religious institution, permitted in all zone districts, may provide child care and/or adult care in conjunction with the primary use; in such instances, the Condi- tional Use process would not be required. Mr. Covens inquired about homeless shelters. Mr. Stitt pointed out that the "Dependent Care Centers" are not "shelters" per se, and that homeless shelters are not being considered in this amendment. If the necessity to consider homeless shelters arises, it would have to be consid- ered separately. Mr. Stitt stated that staff has received one or two inquiries on homeless shel- ters , but these pertained to structures in the commercial or industrial districts, and the inquiries were not pursued. Mr. Dummer noted that the R-2 and R-2-C have "group homes" as Conditional Uses; is it necessary to include "dependent care centers" in addition to the group homes. Mr. Stitt stated that group homes and dependent care centers are not the same thing. He further pointed out that the Conditional Use amendments, as proposed, would allow for the reuse of existing unused public, educational and religious structures. Mr. Schultz commented that the Conditional Use process might also be a protection to neigh- borhoods, limiting the possible growth and commercial developments that rezoning might fos- ter. Mr. Stitt stated that staff is of the opinion that the provision to allow reuse of former public , religious , and educational structures will be of benefit to the community. He further pointed out that to purchase and retrofit these structures to accommodate dependent care will be an ex- pensive undertaking. Mr. Stitt commented that the Englewood School District has two ele- mentary school buildings which are no longer in use for educational purposes, and SMC is using both of these facilities. The School District may determine it is not in their best interest to sell these buildings in light of the recent increase in school population. Mr. Draper asked if this would be strictly "day-care" --less than 24 hour care. Mr. Stitt stated that the center may provide care on a less than 24-hour basis, but may also accommo- date people with work schedules that may not be the "8:00 to 5:00" hours. Mr. Stitt presented the proof of Public Notice to the Secretary for the record. Lee D. Merkel, Director of Community Development, was sworn in. Mr. Merkel stated that he has recently reviewed the Housing Section of the Comprehensive Plan, and is of the opinion that the proposed amendments to the Comprehensive Zoning Ordinance are in compliance with the intent of the Housing Section. The proposed amendments will allow for reuse of the pub- lic, religious and educational facilities that are no longer used for their original intent, and yet provide protection to the neighborhoods against intrusion by higher intensity zoning. Mr. Merkel cited Project BUILD and project ReBUILD as programs that will also encourage new families to move into the City. Mr. Merkel also emphasized that the Conditional Use process will require a Public Hearing before the Commission, and neighborhood residents will have an opportunity to participate in that Hearing. Mr. Schultz expressed concern about encouraging alternate use of old schools, religious and public institutions; we need to make sure that the proposed use isn't something that we don't want in our neighborhoods. Robert Porter, 3250 South Washington Street, was sworn in. Mr. Porter testified that he has no objection to the present use of the former school facilities for child care; however, he does want to be assured there is no possibility that public, religious or educational institutions can be converted to alcoholic centers or drug treatment centers. Mr. Porter stated that people do 3 not want to walk down the street by the present Arapahoe House Alcoholic Treatment Center. Mr. Porter also stated that many residents are worried about Swedish Medical Center "moving out of their (SMC's) area" into the residential neighborhoods. Mr. Draper asked if there was any possibility of conversion of the public, religious or educa- tional structures to alcoholic or drug centers. Mr. Stitt stated that these are "treatment cen- ters", and are not included in the provisions for Conditional Use Dependent Care Centers. Mr. Porter then suggested that there "might be objections if there were a lot of retarded chil- dren" in a dependent care center, and that he doesn't know "how to keep these people out". Ms. Tobin pointed out that many families have children who are developmentally disabled, and emphasized that the State licensing requirements are only that a child accepted in day care or child care centers be in "good health" --the child may be handicapped either physically or mentally. There can be no discrimination against a child. Mr. Covens inquired about the issues of parking and traffic. Mr. Porter stated that at the pre- sent Washington Day Care facility, parents will park in mid-street to load or unload a child, thus creating a hazard not only for other motorists, but for the children. Mr. Merkel reiterated that the issue before the Commission is to consider allowing conversion of existing underutilized public, religious and educational structures to Dependent Care Centers as a Conditional Use. He emphasized that any request for such conversion, if approved, would require a Public Hearing before the Planning Commission, at which time neighbors would have an opportunity to address such issues as parking, traffic congestion, etc. Mr. Schultz asked if there were other comments to be made. Mr. Stitt stated that the B-1 Zone District does allow "Child Care Centers" as permitted uses; staff neglected to include this Zone District when notice of the Hearing was published. Staff does recommend, however, that the Planning Commission consider inclusion of the B-1 Dis- trict amendment in their recommendation to City Council. The amendment would be simply a matter of substituting the words "Dependent Care Center" for "Child Care Center. Covens moved: Draper seconded: The Public Hearing on Case #9-92 be closed. AYES: NAYS: ABSENT: ABSTAIN: Tobin, Covens, Draper, Dummer, Gerlick, Leonard, Schultz None Glynn, Shoop None The motion carried. Mr. Schultz asked if there were other comments or questions. He encouraged inclusion of the B-1 amendment when the Commission does make their decision. Mr. Covens asked if there is an inventory of the buildings in existence which might be con- verted for dependent care. Mr. Stitt stated that this information would have to be pulled from the land use maps. Mr. Schultz asked if there were other buildings that might qualify for conversion to dependent care. Mr. Stitt stated that if he understood Mr. Schultz's question correctly --whether, for instance, an office structure that might be in R-2, could be converted the answer is no; the structure would not qualify because it is not a public, religious or educational facility. Mr. 4 Schultz cited a former church property at Dartmouth and Pennsylvania which is now used as a music studio and recital hall; could this be "converted" back to religious use and then converted to a dependent care center. Mr. Stitt stated that this property is no longer consid- ered a religious institution; however, there is a possibility that a church could purchase the site and have dependent care there in conjunction with the religious use. Mr. Stitt quoted from the proposed amendment, which states: " ... existing at the time of the enactment of this Ordi- nance, may be converted for use as dependent care centers". Mr. Draper asked if a church organization purchased a property, held meetings on the site, and then wanted to convert the property to dependent care; would this be permissible. Mr. Stitt stated that if the property was purchased prior to the enactment of this Ordinance the site would qualify; if the purchase was not accomplished until after the enactment date, the prop- erty would not qualify. Methods to deal with facilities that may be erected after the enactment of the ordinance, but which may not be used for their intended purpose for any great length of time , were discussed. Mr. Merkel suggested that if this occurs, the Ordinance could be amended to address those is- sues when they arise. Discussion ensued. Mr. Gerlick stated that in his opinion, the amendments as written do provide control of the uses to which the obsolete structures may be put. Mr. Stitt commented that staff has not been deluged with requests for dependent care centers. Ms. Tobin commented that this proposed dependent care center was not contained in the plans that she has seen from Swedish Medical Center. Mr. Stitt stated that the proposed dependent care use was not included on the Planned Development; it is not part of the main campus plan , and is not part of their medical facilities. Ms. Tobin stated that she was involved in consider- ation of the child care center at Porter's Hospital, and that it was shown on their comprehen- sive development plan. Mr. Stitt stated that staff is asking SMC to present a plan showing the location of all of their properties; he noted that SMC owns several sites throughout the City that are not being used for medical purposes. Discussion ensued. Draper moved: Leonard seconded: The Planning Commission recommend to City Council that the Compre- hensive Zoning Ordinance be amended by adding thereto the following new sections: §16-4-2-0, Conditional Use; §16-4-3-N-2, Dependent Care Centers; §16-4-4-N-2, Dependent Care Centers; §16-4-5-0-3, De- pendent Care Centers; §16-4-6-N-3, Dependent Care Centers. Section 16-4-8-B-8 be amended by substitution of "Dependent Care Centers" for the existing "child care centers"; §16-4-9-N-1 be amended by substitut- ing Dependent Care Centers for the existing "Large child care centers serving thirteen (13) or more children. Accessory play equipment shall be located in the rear yard." Section 16-8-1 be amended by adding the following definition: DEPENDENT CARE CENTER: Any establish- ment which provides less than twenty four (24) hour shelter, care, activ- ity and supervision (with or without academic instruction) for individuals of any age. AYES: NAYS: ABSENT: ABSTAIN: Covens, Draper, Dummer, Gerlick, Leonard, Tobin, Schultz None Shoop, Glynn None 5 The motion carried. Gerlick moved: Tobin seconded: The Planning Commission recommend to City Council that the B-1 Zone District, §16-4-10-B-16 be amended by substituting "Dependent Care Center" for the existing "Child care center". AYES: NAYS: Draper, Dummer, Gerlick, Leonard, Tobin, Covens, Schultz None ABSENT: ABSTAIN: Glynn, Shoop None The motion carried. IV. FINDINGS OF FACT 980 East Hampden Avenue CASE #10-92 The Findings of Fact on Case #10-92, Conditional Use at 980 East Hampden Avenue, were considered for approval. Gerlick moved: Tobin seconded: The Findings of Fact on Case #10-92 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Dummer, Gerlick, Leonard, Tobin, Covens, Draper, Schultz None Glynn, Shoop None The motion carried. V. PUBLIC FORUM No one was present to address the Commission under Public Forum. VI. COMPREHENSIVE PLAN UPDATE Mr. Merkel distributed copies of the Comprehensive Plan Outline initially developed in September, 1989, noting that he has made one or two minor suggestions. Mr. Merkel stated that staff has provided him with copies of the drafts on the Parks, Transportation, and Eco- nomic Development sections, as well as the Housing Section which was completed by Ms. To- bin's task force. Mr. Merkel stated that in his opinion, the base work that has been done is good and is going in the right direction. He proposed that he and Planning Administrator Stitt meet with other communities that have used the "visioning" process to determine what does and does not work well, to make changes and additions to what we have, and determine how much should be entrusted to consultants, and how much can be done in-house. Another meeting with City Council may be required to determine whether the Commission and Council are "in-tune" regarding the Comprehensive Plan. Mr. Merkel stated that he recently attended an APA/CCRA conference in Breckenridge, and talked to people who have recently redone their Comprehensive Plans --some procedures have worked well, others have not. Mr. Schultz recalled that in 1989 when the revision of the Plan was undertaken, some of the revisions were anticipated to be short-term and easy to accomplish. The Commission had pre- sentations by staff from some departments and divisions, and a presentation by the consultants 6 for U.S. 285. The Parks Section of the Plan was presented to the Commission, and then the issue of the South Suburban regional park arose; it was suggested to the Parks personnel that they should incorporate those plans into the text they had prepared for the Comprehensive Plan, and nothing further has been received. Mr. Merkel commented that the discussions on the South Suburban regional park are on-going, and that he will be attending a meeting next week on this matter. Discussion ensued. Mr. Covens suggested that the Outline Item #4 on Transportation be expanded to include Sub- section D: Santa Fe Corridor/U.S. 285. Also that Item #8, Infrastructure, be changed to: B. Water resources, and add "C", Regional Waste Treatment. Other additions to the Outline in- cluded Section 2, Economic Vitality by adding a Subsection "C", Service Sector. Mr. Stitt stated that we need to go out to the community to get the "frame" for the Plan . Mr. Schultz agreed that this input and view point is important. Ms. Tobin asked if staff would be meeting with communities that are built out and landlocked and may be facing some of the same problems facing Englewood, or will they be meeting with communities that have the option to expand and other resources. Mr. Merkel stated that he anticipated meeting with both types of communities. Further discussion ensued. The format of the Comprehensive Plan was briefly mentioned. Mr. Covens stated that he an- ticipated a "streamlined document" --not a 500 page report. Ms. Tobin and Mr. Schultz stated this is why each section was to be published independently. Ms. Tobin stated that she has problems with the cancellation of meetings when there is work to be done on matters such as the Comprehensive Plan. Mr. Merkel pointed out that staff is in- volved in other activities besides the Comprehensive Plan, and there may be times where we are not prepared to bring something before the Commission. Rather than call a meeting just to have a meeting, staff has checked with the Chairman and if we receive agreement, the meeting has been cancelled. Mr. Schultz pointed out that frequently matters that staff anticipates will be on a particular agenda are not received at all, or not in time to allow the necessary research and staff report for that date. This also contributes to the cancellation of meetings. Ms. Leonard commented that she did not want to "just to have a meeting" unless there is something to discuss. Mr. Covens suggested that perhaps the Commission could have "informational" meetings with other departments if there are no cases before them on a given date. He mentioned several items he wanted to follow up on, such as the Public Improvement Projects, the budget, etc. Mr. Merkel commented on the Public Improvement projects: the Commission did receive some information copied from the proposed budget and from the budget retreat, but the determination has not been made regarding the final 1993 Budget. Ms. Tobin expressed her opinion that the Commission has done a lot of work, and it has been overlooked. Mr. Draper commented that he did not receive the letter advising of the cancellation of the October 6th meeting until a couple of days ago; it had apparently been delivered on time, but his roommate neglected to give it to him. He requested that he be called when meetings are cancelled. Mr. Merkel advised the Commission that it does not appear at this time that there will be a meeting of the Commission on November 4; the date has had to be moved from November 3 7 because of election day, and the November 4th date does present a conflict with another meeting which staff has to attend that evening. The next meeting of the Commission will be November 17th. VII. DIRECTOR'S CHOICE Mr. Merkel stated he had nothing further to bring before the Commission. VIII. COMMISSIONER'S CHOICE. Mr. Draper raised an issue regarding a dumpster in Belleview Park which had apparently been removed, but upon the complaint of a resident of the area the dumpster has been replaced. He inquired if residents are using city dumpsters in lieu of private trash hauling services, and asked that this be checked into. Mr. Stitt stated that there is no ordinance requiring homeown- ers/residents to subscribe to private trash hauling services. He recalled that a former Commis- sion Member, who owned an office building, had a lot of problems with people dumping so- fas, mattresses, etc. in his dumpster. City personnel have been aware of this problem for a long time, and the Clean, Green and Proud Commission has been working to develop a pro- posal to address this issue. Mr. Merkel also addressed the efforts of the CGP Commission, noting that proposal will be a full-blown trash management plan, and one of the alternatives being considered is to require everyone to have trash removal. Discussion ensued. Mr. Covens stated that the next Tri-Cities meeting is Thursday evening; the location has been changed to Bemis Library, and EDAW will make a presentation. He stated that he wants to try to get EDAW to make a presentation to the Planning Commission, also. The meeting adjourned at 9:00 P.M. ,i;,JuJ£bi4- ·Gertrude. G. Welty Recording Secretary 8 •