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HomeMy WebLinkAbout1990-09-05 PZC MINUTESt CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION SEPTEMBER 5, 1990 I. CALL TO ORDER. D RA F T The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Tom Gerlick at 7:00 P. M. Members present: Tobin, Cronk, Dummer, Gerlick, Glynn, Schultz, Shoop Wanush, Ex-officio Members absent: None Members late: Covens, Daviet Also present: Planning Administrator Romans II. APPROVAL OF MINUTES August 7, 1990 Chairman Gerlick stated that the Minutes of August 7, 1990 were to be con- sidered for approval. Tobin moved: Dummer seconded: The Minutes of August 7, 1990 were approved as written. AYES: NAYS: ABSENT: ABSTAIN: Cronk, Dummer, Gerlick, Glynn, Schultz, Shoop, Tobin None Covens, Daviet None The motion carried. III. SWEDISH MEDICAL CENTER Findings of Fact CASE #2-90 Chairman Gerlick stated that the Findings of Fact from the Hearing on the ap- plication filed by Swedish Medical Center for an amendment to an approved Planned Development are to be considered for approval . Tobin moved: Cronk seconded: The Findings of Fact on Case #2-90, Swedish Medical Center Planned Development Amendment, be approved as written. AYES: Cronk, Dummer, Gerlick, Glynn, Schultz, Shoop, Tobin NAYS: ABSENT: ABSTAIN : None Daviet, Covens None ~ The motion carried. -1 - IV. SPORTS CENTER CASE #8-89 3978 South Broadway Chairman Gerl i ck stated that the Sports Center at 3978 South Broadway, was approved in August, 1989 as a Conditional Use in the B-2 Zone District. One of the conditions imposed on that approval was that the Commission would re- view the business within six months to consider whether there were problems created for the surrounding area by the Sports Center. Mr. Gerl i ck stated that Mr. and Mrs. Carter had not officially opened for business in February, 1990, which would have made the six-month review impractical; therefore, the review was delayed until six months after their opening. Mr. Gerlick stated that staff requested reports from the Police Department on any problems they have been called on to address at this location, and Police Department files do not reflect any calls to this address. Mr. Gerlick suggested in light of the apparent absence of any negative impact from this business, that the Com- mission needs to consider whether there is any need of further review of this business. Mr. Gerlick noted that Mr. Carter, owner/operator of the Broadway's Sports Center, was present, and asked if he would like to address the Commission. Mr. Gregorye Carter stated that there have been no problems during the period of time they have been open; the rules of operation and conduct expected during the time the clientele are in the Sports Center are clearly posted and he feels this has been a great help in deterring problems. Mr. Covens entered the meeting and took his seat with members of the Commission. Mr. Carter requested that the Commission give consideration to the hours of the operation, which were proposed to be and have been from 3 P.M. to 1 hour prior to curfew on school days; 12 Noon to 1 hour prior to curfew on weekends and during the summer months when school is not in session. Mr. Carter tes- tified that his proposed opening at 3 P.M. on weekdays during the school year was based on the belief that classes dismissed at 3 P.M. He has since learned from some high school students that some classes are dismissed at 2 P.M., and that while they would like to play Foos-Ball or otherwise spend time at the Sports Center after they get out of classes, they don't want to wait around until the establishment opens at 3 P.M. Also, Mr. Carter noted that while he closes the establishment one hour prior to curfew, this does not mean that the youngsters go home; they do proceed to other establishments to spend that last hour before they have to go home. He requested that the Commission consider permitting hours from 2 P.M. to curfew on weekdays during the school year, and until curfew on weekends. Mr. Schultz stated that he was one of the members on the Commission when this establishment was approved, and had been concerned about the impact of the business on the neighborhood. Mr. Schultz stated that he has been in Mr. Car- ter's business on at least three occasions, and has found it to be a very clean, well-run business, and he commended Mr. Carter on the operation of the Sports Center. Mr. Gerl i ck stated that it appeared Mr. Carter does, indeed, have a well-run business in light of no complaints being filed with the Police Department. Mr. Shoop inquired about the age group that frequents the Sports Center. Mr. Carter stated that during the day, the junior high/high school age clientele -2 - frequent the Sports Center; but after the dinner hour, single adults and fami- 1 ies with children come to the Sports Center. Mr. Gerlick asked Mr. Carter if he had received any complaints from the ad- joining businesses in his immediate area. Mr. Carter stated he had received no complaints at all. Mr. Gerlick asked members of the Commission if there is any reason to restrict the hours of this operation, or to rely on Mr. Carter's business experience and the normal restriction of complying with all applicable codes and ordinan- ces as any other business must do. Mr. Schultz stated that the business has not interfered with school attendance, and he could not see that the change in hours proposed by Mr. Carter would be any problem. Mr. Carter stated that in working with the schools, the main time that was pinpointed as a problem time was the lunch time; if the Sports Center were to be open at that time, some of the youngsters might be late reporting to class. Mr. Carter assured the Com- mission he would not open the business until after the lunch hour. Mr. Schultz stated that it is very apparent that Mr. Carter has done what he said he would do when the Commission initially considered the application. Mr. Covens stated it appears there are no noise problems, and no reports have been filed with the Police Department. Mr. Dummer asked for clarification on the statement in the staff report that "all calls received by the Police Divi- sion relative to the 3900 block on South Broadway were retrieved". Mrs. Ro- mans stated that all calls received by the EPD in the 3900 block were pulled up on the computer, and none of those calls pertained to Mr. Carter's Sports Center at 3978 South Broadway, but there were calls for other addresses in the 3900 block. Mr. Dummer then inquired what age the curfew applies to. Mr. Gerlick stated that the curfew applies to youngsters under the age of 18. Schultz moved: Shoop seconded: AYES: NAYS: ABSENT: ABSTAIN: Dummer, None Davi et None The hours of operation established for the Broadway's Sports Center at 3978 South Broadway are hereby rescinded, and it is determined that further review of this business by the Planning Commission is not needed. The business owner/operator shall continue to comply with all applicable codes and ordinances of the City of Englewood. Gerlick, Glynn, Schultz, Shoop, Tobin, Covens, Cronk The motion carried. V. DIRECTOR'S CHOICE Mr. Wanush stated that the South Suburban Metropolitan Parks and Recreation District has closed on the purchase of the former Arapahoe County Fairgrounds/ South Ori ve-In Theater property. Mr. Wanush stated that very preliminary plans of development of the site by SSMPRD include softball fields and picnic areas on the property south of Belleview, but no real plans for development of the area north of Belleview have been mentioned. Mr. Wanush stated that while the Commission/City may have no formal input on the development plans for rec- reational purposes, SSMPRD has agreed to meet with the Commission when they have firmed their proposed development plans. Mr. Wanush stated that SSMPRD -3 - purchased the property from the First National Bank of Englewood, who had taken control of the property in foreclosure or bankruptcy proceedings. The land is within the corporate limits of Englewood, and is presently zoned for high-density/commercial development. Ms. Davi et entered the meeting and took her seat with the members of the Commission. Mr. Covens asked if staff knew what the sale price of the land was. Mrs. Ro- mans stated that she understood the price was a little over $4,000,000. Fur- ther brief discussion ensued. Mr. Wanush stated that the next meeting of the Commission will be on September 18, at which time staff will present the Housing section of the Comprehensive Plan. This is the report which was prepared by the Housing Task Force, which has been modified slightly to conform to the Comprehensive Plan format. Staff will also present a report pertaining to the parking issue on South Broadway, along with some recommendations for Commission consideration to resolve the parking problem. Brief discussion followed. Mrs. Romans distributed a map of and discussed a property on West Evans Avenue, which property has been before the Board of Adjustment & Appeals. The Board recently rescinded an agreement between the Board, the property owner and the lessee for noncompliance by the owner/operator of the business with the conditions of the Agreement. The property has been foreclosed on by Omni Bank. This property extends from West Evans Avenue south to West Adriatic Avenue, extended, and is in two different zone districts. The Bank's attorney has indicated to staff that they will apply for rezoning of the south one-half of this property for a change of zoning from R-2-C, Medium Density, to B-2, Business, the zoning applied to the north one-half of the property. The Bank's attorney has also discussed with staff the possibility of the City ini- tiating the rezoning of the one-half block between the Evans/Adriatic alley, extended, to West Adriatic Avenue, extended, from South Vallejo Street to South Zuni Street. Mrs. Romans stated that Board of Adjustment files on the use of this property go back to at least 1973. There is no residential development on the south one -half of the ownerships which front on West Evans Avenue and extend to West Adriatic Avenue, extended. Mrs. Romans stated that the City has been working in the northwest Englewood area to get dedications of right-of-way to open various streets, and all but five property owners have given right-of-way for this portion of West Adriatic Avenue from South Vallejo Street west to South Zuni Street. Two of the lots from which right-of-way is needed are the subject site. Mrs. Romans stated that there is a possibility of obtaining the right-of-way from at least two additional property owners with no problem, and stated that she has not discussed right-of -way dedication with the fifth owner for quite some time. This owner is elderly, and had in - dicated a concern that the street would be placed in a paving district and the assessment for paving would be more than she could afford. Discussion ensued. Mrs. Romans stated that the attorney for Omni Bank has indicated that if the City decided to initiate rezoning for this entire one-half block depth, the Bank would "pay all expenses". Mrs. Romans stated that she assumed this to mean the Bank would pay the rezoning fee, as well as pay for the posting of the properties . Mrs. Romans stated that if the properties were to be rezoned, this would give commercial development access from West Evans Avenue, South Vallejo street, -4 - South Zuni Street, and West Adriatic Avenue. There should be screening/ buffering along West Adriatic Avenue to shield potential residential develop- ment on the south side of West Adriatic Avenue. Mr. Wanush discussed the im- position of setbacks or landscaping on the north side of the projected West Adriatic Avenue. Mrs. Romans stated that this would have to be an agreement with the property owners, or accomplished through contract zoning as has been done on at least two occasions in Englewood. Upon questioning from members of the Commission, Mrs. Romans stated that the site was used for a Technical School at the time of annexation; the front half of the property is covered primarily by the structure, and the back half of the property has been used for parking and storage, even though it was not zoned for that purpose. Mr. and Mrs. Tague acquired the property after the Technical School closed, and the property has been used for either tire sales or auto repair/storage since that time. Mrs. Romans stated that if the dedications for the additional right-of-way can be obtained, the City would like to open the street, thus giving property owners access to two sides of their property, and because of the depth of the lots, possibly promote additional development in the area. If the street were opened,it would also provide access to property that is now landlocked. Ini- tially, the street would be graded and graveled; if a paving district were formed, and the street included in that paving district, the adjoining proper- ties would be assessed. Mr. Wanush stated that there are provisions whereby the assessments on properties owned by the elderly may be postponed and liens filed against the property. There is a 1 so a "recovery" program wherein the City pays the initial assessment, which is recovered at such time as the prop- erty develops. Mrs. Romans discussed the process which would be followed if the rezoning is initiated, there being a required Public Hearing before the Planning Commis- sion and before the City Council. The properties would have to be posted giving notice of the date and times of the hearings. Ms. Tobin expressed her opinion that the attorney for Omni Bank should be making this presentation to the Commission, and not the staff. Mrs. Romans stated that it is the consensus of all concerned that attorneys for the Bank and for the Commission/Board/City should not participate in the discussions at this point in time. Mr. Schultz suggested that perhaps contact should be made with the property owners in the area, on both sides of West Adriatic Avenue extended, to discuss the possibility of street dedications and rezoning before any formal action is taken. Further discussion on development in the immediate and adjoining area ensued. Mrs. Romans stated that staff would proceed to schedule a meeting with the property owners to discuss the proposed dedication of right-of-way and pos- sible rezoning. Mrs. Romans stated that she and Mr. Shoop have been trying to figure out af- fordab 1 e ways to post the properties north of U.S. 285 that the Commission determined should be rezoned a couple of months ago. She stated that she has met with personne 1 in the Traffic Division, and they have indicated that as soon as the street painting season is over, they may be able to prepare a -5 - limited number of signs to post the properties if the Commission can pay for materials. If this proves out, the Hearing before the Commission on the rezoning of these properties could be scheduled on November 6th. Mrs . Tobin pointed out that November 6th is election day. It was the consensus of the Commission to meet on November 13th, and to try to schedule the Public Hearing on the rezoning of properties north of U.S. 285 for that date. VI. COMMISSIONER'S CHOICE Mr. Gerlick asked if there were any funds for attendance at the meeting of the National Association of Colorado Planners. Mrs. Romans and Mr . Wanush stated that there are no funds available. Mr. Covens updated the Commission on the Waste Management grant application. The City was awarded $120,000 to $130,000, of which $80,000 to $90,000 will be for recycling, and $40,000 will be for the household hazardous waste project. The committee will be meeting with trash haulers on September 6th at 7:00 P.M. to present the proposal to them. A portion of the City will be targeted for a six-month program, that they hope to expand . Tri-County Health will take over the home hazardous waste program, and will make the unit available to the southern metro area. Brief discussion ensued. There being nothing further to come before the Commission, the meeting was adjourned at 8:10 P.M. ~~L:Mf Gertrude G. Welty 7 Recording Secretary -6 -