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HomeMy WebLinkAbout1989-01-10 PZC MINUTES• • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JANUARY 10, 1989 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Doyet Barbre at 7:00 P. M. in the Community Room of the En- glewood City Hall. Members present: Draper, Fish, Schultz, Such, Tobin, Volkema, Barbre, Carson Wanush, Ex-officio Members absent: None Also present: Dorothy A. Romans, Assistant Director of Community Development; Dan Brotzman, Assistant City Attorney Susan L. Hirsch, Senior Planner II. APPROVAL OF MINUTES December 13, 1988 Chairman Barbre stated that the Minutes of December 13, 1988 were to be con- sidered for approval. Fish moved: Such seconded: The Minutes of December 13, 1988 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Fish, Such, Tobin, Volkema, Barbre, Carson, Draper None Schultz None The motion carried. III. FINDINGS OF FACT Swedish Medical Center Planned Development CASE #14-88 Chairman Barbre stated that the Findings of Fact on Case #14-88 were to be considered for approval. Fish moved: Draper seconded: The Findings of Fact for Case #14-88 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Such, Tobin, None Schultz None Volkema, Barbre, Carson, Draper, Fish -1 - The motion carried. IV. FINDINGS OF FACT Vacation of a Portion of South Pennsylvania Street 3400 Block South CASE #18-88 Chairman Barbre stated that the Findings of Fact on Case #18-88 were to be considered for approval. Draper moved: Volkema seconded: The Findings of Fact for Case #18-88 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Such, Tobin, None Schultz None Volkema, Barbre, Carson, Draper, Fish The motion carried. v. FINDINGS OF FACT Vacation of a Portion of the Pennsylvania/Logan Alley 3400 Block South CASE #19-88 Chairman Barbre stated that the Findings of Fact on Case #19-88 were to be considered for approval. Carson moved: Tobin seconded: The Findings of Fact for Case #19-88 be approved as written. AYES: NAYS: Such, Tobin, None Volkema, Barbre, Carson, Draper, Fish ABSTAIN: ABSENT: Schultz None The motion carried. * * * * * * * * * * Assistant City Attorney Brotzman excused himself from the meeting. * * * * * * * * * * VI. VENDORS, MAINTENANCE AND CONTROL OF PUBLIC AREAS Ms. Hirsch presented an outline for discussion regarding vendors, and the maintenance and control of public areas such as the Little Dry Creek Plaza. Ms. Hirsch stated that vendors have expressed an interest in setting up kiosks and having pushcarts for food items along the Plaza area. There have also been requests for use of the public areas during and for special events, such as the Englewood Rendezvous and the Holiday Parade. The public areas should • • • be ava i1ab1 e for use and to encourage peop 1 e to come into the downtown area at • times when the stores may not be open. -2 - • • • Ms. Hirsch stated that one of the first items for consideration is respon- sibility for issuance of permits for use of the public areas. Rules and reg- ulations need to be written, and the administering department must be also be determined. Regarding the administering department, Ms. Hirsch pointed out that the Parks and Recreation Department is responsible for the cleaning and maintenance of the Plaza and public areas along Little Dry Creek. The Public Works Department, Engineering Services Department and Community Development Department all have an interest in the use of public areas and approval of the type of use. Mr. Wanush suggested that the Englewood Downtown Development Authority (EDDA) might also be interested in administering the provisions governing vendors. Ms. Hirsch stated that the city of Boulder has a mall com- mission which reviews all permit applications for vendors using the mall area. Mr. Carson asked if the vendors should not also have to be licensed in addi- tion to obtaining a "permit". Ms. Hirsch stated that the license would be dependent on the type of activity. Mrs. Romans suggested that before a vendor obtains a sales tax license, it would be well to determine whether the use is actually a permitted use, and suggested that the initial step would be to ob- tain approval of the "use". The vendor could then proceed to get a sales tax license once the type of use is approved. The term of the permit/license was also discussed. Mr. Draper suggested that some vendors could well be licensed for a several month period, such as during the summer months. There could also be special permits/licenses for a one or two day period, or for a particular event. Mr. Carson suggested that the Community Development Department should be responsible for determining whether the use is permitted . Mr. Wanush stated that if a vendor has a pushcart for sale of foods, he is of the opinion that a permit would be required for each "location" but only one "license" would be required. Mr. Wanush stated that he would like to see bands, dances, and other forms of entertainment make use of the Plaza area. He discussed the need to bring people into the downtown area, and indicated that this should be a focus of the EDDA. Mr. Wanush stated that the staff has prepared this discussion outline in an attempt to anticipate requests for use of the public areas during the summer months --there must be some form of control on the use of the public areas. Mr. Such asked what the difference is between the pushcart vendor and the ven - dors who drive the lunch wagons that travel from business to business. Mr. Wanush stated that the lunch wagon vendors do have permits and business licenses. Mr. Schultz stated that he felt anything that could be done to promote down- town Englewood should be pursued. He asked how vendors were handled during the Holiday Parade. Mrs. Romans stated that she has talked to two people who wanted to have push- carts on the Plaza. Vendors at the Holiday Parade are issued special permits for a specific day and, if appropriate, a specific location is approved. Mrs. Tobin asked if there is a charge for the special permits that are cur- rently issued. Mrs. Romans stated there is not. Any vendor selling any milk or meat products must also be checked and approved by the Tri-County Health Department. -3 - Mr. Wanush stated that established businesses sometimes become concerned when vendors, who do not pay property tax in a community or overhead on a permanent • establishment, are allowed to sell their products in direct competition. Mr. Schultz suggested that perhaps existing businessmen could be given a "break" on licenses, and require only a permit to be issued for a different location. Mr. Carson asked the feeling of the staff regarding the Community Development Department taking responsibility for issuing the use permit to vendors. Mr. Wanush stated that it is possible for the Department to do it, but that he was not ready to make a recommendation on the responsible department at this time. Mr. Schultz discussed the need for electrical hookups for refrigeration and heating elements for vendors of food products . Mr. Fish pointed out that a lot of the vending machines/pushcarts are self-contained, and would not need the electrical hookups. Mrs. Tobin stated there is also the safety factor to be considered; the ven- dors and customers of the vendors are prime targets for pickpockets and hold- ups. She asked if the vendors themselves would be checked out by the Engle- wood Police Department. Mrs. Tobin suggested that procedures followed by other cities be reviewed by the staff. Ms. Hirsch asked if members of the Commission felt there should be a limit on the types of sales and services that vendors may offer. Mr. Draper stated that he did not feel food should be "cooked" at the site by the vendor, but that provision should be made that it be kept at a proper temperature. Mr. Draper further pointed out that on the 16th Street Mall, each vendor is li- censed for a specific corner or location where they may do business. Mr. Such asked if the City would define the location for the vendor, or would the definition of location be at the option of the applicant. Mrs. Tobin stated that she felt there should be a diagram of the public areas; she also suggested that a fee be instituted and that locations closer to heavily traveled areas be charged a higher fee. Mr. Draper suggested that this proposal be presented to the Chamber of Com- merce and downtown businessmen to get input. Ms. Hirsch stated that the 16th Street Mall has design control on booths, etc. Ms. Hirsch stated that Denver has a $25.00 application fee, and may charge up to $200 per location. Mrs. Tobin stated that she had volunteered at the Peo- ple's Fair for a year or two, and they have to follow guidelines on signs, lighting, etc. She asked if the "vending" restrictions would also apply to individuals attired in the vending "aprons" who sell soft drinks , popcorn, etc. Mr. Schultz stated that he would agree with Mr. Draper 's earlier statement on two types of permits: Long-term (for a several month period), and short term or special event permits. He did state that he felt it would be wise to con- tact the local businessmen to let them know what is being considered and to get their opinions. • Mr. Volkema stated that he was surprised to find that no one department has • been given the responsibility for activities on the Plaza to this time. He stated that he felt there is a need to use the public areas, and that it could be linked to Broadway and to Cinderella City . -4 - • • • Mr. Wanush stated that he would present the proposal to the Chamber of Com- merce and to EDDA, and get the information to the downtown merchants. The staff will also prepare maps of the Plaza area to determine the logical loca- tions for vendors. The staff will also make contacts with other cities to get information they have on the issue of vendors and bring this information back to the Commission. Mr. Schultz stated that he feels the proposal is a good idea, and that the City should be "pro-active", and the City should work with the existing busi- ness people. VI. PUBLIC FORUM. There was no one present to address the Commission under Public Forum. VII. DIRECTOR'S CHOICE. Mr. Wanush discussed the possibility of contracting out for trash collection services within the city limits. This collection service would be limited to residential districts and residential developments with no more than four units. Letters have been sent to nine trash collection companies in the Metro area, and he will be meeting with representatives of these companies to dis- cuss their services, charges, etc. prior to finalizing the Request for Pro- posals (RFP) which will be sent out later. Mr. Wanush stated that it is his intent to have the RFP ready for submittal at the end of this month. Mr. Wanush stated that it appears most of the trash companies would prefer curb- side pickup rather than alley pickup. This will be a change for a majority of Englewood households, but could eliminate a lot of problems of trash in the alleys. Every household would be required to subscribe to the trash collec- tion service, thereby eliminating the practice of "dumping" in someone else's trash cans and/or commercial dumpsters, or just letting the trash collect. The City Council seems to be considering the possible division of the City into two or more areas, with each area bid separately. The billing for this service would be done in conjunction with the utility bills, and the City would then pay the trash collection company directly. However, a reserve fund does need to be built up to cover residents who may not pay for the trash col- lection services until such time as the charges may be placed as a lien on the tax bill. Mrs. Tobin stated that she did not feel this proposal would result in any im- provement in her area; the alley is kept neat and clean, and people are accus- tomed to taking their trash to the alley. She stated that she would be inter- ested in finding out how the voters of the City would feel about having a governmental agency taking over one more thing from the private sector. She stated that she is opposed to this proposal. Mr. Wanush reiterated the fact that there are a number of residents who do not subscribe to trash collection on their own, and either let the trash accumu- late, or put it in with someone else's trash in a trash can or commercial dumpster. Mr. Wanush stated that the members of the Planning Commission have been concerned about the issue of trash collection since at least 1984. Mr. Fish asked if any of the cost benefits have been explored. Mr. Wanush said that no specific cost comparisons had been made, and that we would have -5 - to wait for bids. However, several trash companies said that with all curb- side collection and the City doing the billing, that substantial reduction • could be made over current rates. Mr. Schultz asked if anything is being done about recycling products. Will this be included as part of the RFP. Mr. Wanush stated that recycling is being explored and will be a part of the RFP, but there are several problems that need additional analysis. One problem is that the cost of using the landfill is still very inexpensive, and it is estimated that this cost would have to exceed $40 per load before people will realize the economic feasibili- ty of recycling. A second is an unstable market for recycled materials. A third is that there may be additional net costs relating to recycling at the current time. Mr. Wanush stated that the initial contract is being proposed for five year terms, with a possible two year extension. Mrs. Tobin asked if Englewood trash companies would be given first choice. Mr. Wanush stated that he would not recommend that Englewood companies be given .preference over other metro companies; the determination should be made based on the lowest "acceptable" bid. Mr. Wanush then said that no specific recommendations or proposals had been made. Many issues remain and the Coun- cil will need to review all of the relevant facts. Brief discussion ensued. * * * * * * * * * * Mrs. Romans stated that one of the goals of the Commission was the review of the Comprehensive Zoning Ordinance, of which the Sign Code is a part. An out-• line for discussion has been prepared. This list contains areas that have been of concern to the staff and/or caused problems in enforcement. One of the major areas of concern is the matter of third party signs. The owners of some businesses which are set back from the right-of-way along U.S. 285 want to install signs advertising their business along the U.S. 285 frontage. Other areas of concern were also discussed. The illuminated "leasing" sign on the property at 2303 East Dartmouth Avenue was also discussed. Mr. Fish stated that this structure has been designated as an architectural monument, and cannot be structurally altered. This leas- ing sign appears to be an alteration to the structure. Plus, there is a sign in the front yard, and the real estate office is not open at night. This is also in an R-1-A, Single-family Residence District. Mrs. Romans suggested that a study session should be scheduled for sometime in February to discus$ the Sign Code. Mrs. Romans stated that the staff does need to have some direction on third party signs. Mr. Schultz asked about illuminated signs on buildings. Mrs. Romans stated that lighting is supposed to be from a concealed light source. * * * * * * * * * * Mr. Wanush stated that he had talked with the City Attorney about the issue of • discussion among Commission members and staff members following the closure of a Public Hearing. These points were brought out in their discussion: (1) most of the issues considered by the Commission are advisory to final action -6 - • • • by City Council; (2) Mr. Wanush is an ex-officio member of the Planning Com- mission, so it is appropriate for him to enter into discussions with the Plan- ning Commission without opening the Hearing again. Mr. Wanush stated that he understood there would be some revisions to Mr. Brotzman's suggested pro- cedure, and this will be brought back to the Commission for further consideration. * * * * * * * * * * Mr. Wanush stated that Mr. Barbre's term expires on February 1, 1989, and that Mr. Barbre has expressed his desire that he not be reappointed to the Commis- sion. Mr. Wanush expressed his appreciation to Mr. Barbre for his service to the Commission and City for the past 9 years, and stated that he wished Mr. Barbre the best of luck. Mr. Barbre stated that he has recently retired, and is enjoying his retire- ment. He and his wife are leaving this evening for a trip to California. He stated that he had found working with the Commission and staff enjoyable and educational. * * * * * * * * * * Mrs. Romans stated that there are no cases to be considered by the Commission on January 17, the next regular meeting date. Mrs. Romans stated that there will be at least two new members coming on the Commission in February, one to complete Mr. Hanson's term, and one to assume Mr. Barbre's membership. Mr. Such's term also expires on February 1, 1989. The first meeting in February is the annual meeting at which time there will be an election of officers . Mr. Fish asked what progress is being made on the Comprehensive Plan task force committees. Mr. Wanush stated that Council needs to make the citizen appointments to the Environmental Code Task Force, and an article on the Housing Task Force will be in the next edition of the Citizen asking that residents who are interested in serving submit their names. Mr. Wanush suggested that the Commission not meet until February 7, and that the staff will bring the Sign Code Revisions and the information on Vendors and Maintenance of Public Spaces/Plazas back for further study. It was the consensus of the Commission that the next meeting shall be on February 7, 1989. There being no further business to come before the Commission, the meeting was declared adjourned at 8:45 P. M. J~L~ Gertrude G. Welty Recording Secretary -7 -