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HomeMy WebLinkAbout1978-05-23 PZC MINUTES.. .. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION • MAY 23, 1978 I. CALL TO ORDER. The special meeting of the City Planning and Zoning Commission was called to order at 7:10 P.M. by Chairman OWens. Members present: Owens, Parker, Pierson, Smith, Tanguma, Williams, Draper, Lathrop Romans, Acting Ex-officio Members absent: Mcclintock Commercial/Industrial Committee members: Blomberg, Howard, Green, Bush, Waln, Carlberg II. COMPREHENSIVE PLAN REVIEW Commercial/Industrial Re- view Committee Report Mr. Owens turned the meeting over to Mrs. Pierson who had served as Chairman of the Commercial/Industrial Review Com- mittee. Mrs. Pierson stated that the committee met approxi- mately 20 times, and that there had been good attendance by the members. On-site inspections were conducted by the members of this committee throughout the areas zoned B-2, Business and I-1 and I-2, Industrial, and land use maps of the areas were marked to indicate those uses that were good, and those that were in need of improvement. The Commercial areas were divided into eight sub-areas for purposes of this study, and . the Industrial areas were divided into four sub- areas. Mrs. Pierson asked Mr. Bill Howard to make the formal presentation to the Commission. Mr. Howard indicated maps of the B-2, Business, and I-1 and I-2, Industrial, areas of the City. He pointed out the sub- divisions these areas were broken into for the committee to study. Mr. Howard reviewed the following recommendations of the Com- mercial Review Committee: 1. THERE IS A NEED FOR AN INCREASED AND MORE DIVERSIFIED TAX BASE. .. - Mr. Howard discussed the .fact that Englewood has been designated as one of the thirteen major activity centers in the Denver Metropolitan Area. He pointed out that there is potential to upgrade the B-2, "strip" commercial areas, but this will re- quire cooperation between the City and the private sector. 2. A SITE OR DESIGN REVIEW COMMITTEE MUST BE ESTABLISHED. Mr. Howard noted that whether this committee is appointed as -2- is the .Planning Commission, whether the Planning Commission itself serves as the review committee, or whether the staff assumes this responsibility, it is not important at this point. • The present procedure applied to new developments does not in- clude design review. The Commercial Review Committee feels that the design review process is needed and should be made a part of the process all new developments must go through. He stated that they feel this would be especially important for Planned Developments and Mixed Use District developments. 3. CODE ENFORCEMENT IS IN NEED OF STRENGTHENING, AND SHOULD BE EMPHASIZED IN ALL OF THE COMMERCIAL SECTIONS. Mr. Howard stated that the Committee found several areas where outdoor storage is occuring; this is not permitted by the zoning classification, and these property owners should be fined and made to clean up the property. He stated that he felt there is a need for more inspections, and closer analysis by the staff, but he pointed out that there is the matter of budget and staff that must be taken into consideration. He stated that there are a lot of violations occuring along the Broadway/Acoma and Broadway/Lincoln alleys. Some property owners on Broadway have purchased additional land on the other side of the alley to use for storage, which is in viola- tion of the Zoning Ordinance. He stated that he felt that these businesses that are doing well, and need to expand, should be encouraged to expand at their present location, or, if there is no land available, they should be encouraged to move to a ~ larger site. He stated that he felt there are ways the City ,., can work with these property owners to the mutual benefit of the City and property owner. 4. IN AREAS WHICH PRESENT VISTAS OF ASPHALT AND CONCRETE, FOR EXAMPLE THE FORMER GEM STORE, BUSINESSMEN SHOULD BE ENCOURAGED BY THE c rrY TO MAI NTA IN CITY-PROVIDED LAND- SCAPING AND TREES. Mr. Howard discussed the $400,000 surplus funds that the City Council has considered. He stated that he feels some of these funds should be set aside for a contingency fund; but he also feels very strongly that some of these funds should be designa- ted for trees and shrubs, etc. that could be given to property owners to landscape and beautify their sites. Mr. Howard pointed out that the betterment of the quality of life in Englewood is one of the goals of the Comprehensive Plan. Mr. Howard pointed out large areas of black-topping for parking and another large area in roof tops and stated that these areas are in dire need of beautification. Mr. Howard stated that landscaping and beautification is needed for aesthetic purposes, as well as for the biological effect on the air. -3- 5. A SEARCH COMMI'ITEE SHOULD BE APPOINTED TO SEEK OUT BUSINESSES WHICH WILL COMPLEMENT EXISTING BUSINESSES AND INSTITUTIONS SUCH AS THE SWEDISH MEDICAL CENTER/CRAIG REHABILITATION COMPLEX. Mr. Howard stated that there are "focal points" around the City such as the Swedish Medical complex, and that supportive uses should be encouraged around such focal points. He stated that the R-3 Zone District is a good zone classification to have around the hospital in that it allows multi-family units and office buildings; but does not allow some uses such as restaurants which could be an asset to that area. Mr. Howard pointed out that for individuals from out of town who may have a member of the family in Swedish Medical Center or Craig Re- habilitation Center, it is extremely difficult to find a place to eat or sleep within walking distance of either hospital. Such supportive uses should be encouraged through adoption of goals and policies by the Planning Commission. Mr. Howard stated that the Mixed Use District could be brought into ef- fect in a situation such as this, where a restaurant might be appropriate in one particular area, but not another, and could be permitted by this process. Mr. Howard stated that an adopted goals and policies statement would also give the City a document that could be enforced. Mr. Howard stated that he felt a Search Committee could be good in seeking out specific supportive uses or specific types of business that the City might be in- terested in attracting. 6. THE ZONING ORDINANCE SHOULD BE AMENDED. EXISTING USES SHOULD BE REVIEWED AND CHANGES MADE WHERE NECESSARY; A MIXED USE DISTRICT SHOULD BE DEVELOPED, AND PERFORMANCE STANDARDS SHOULD BE ESTABLISHED WHICH WOULD REQUIRE SET BACKS AND A PERCENTAGE OF THE SITE TO BE LANDSCAPED. Mr. Howard · discussed landsca'ping and open. space requirements in Arapahoe County, Greenwood Village, and other jurisdictions. Mr. Howard stated that the landscaping requirements could be written into the Zoning Ordinance so that developers of all new developments would be aware of the standards they must meet. Mr. Howard stated that Englewood does not have the reputation of being the most welcoming or easiest body to work with in the way of rezoning or new development. Mr. Howard stated that he felt this attitude should be analyzed and changed if at a ·ll possible. Mr. Howard stated that he felt it was very evident that there was a climate much more conducive to new development several years ago, or Englewood would not have been designated as one of 13 major activity centers in the Denver Metro area. Mr. Howard stated that he felt part of the bad publicity for the City was the result of the aborted Core Area Plan; he stated that if the City expects to grow, effort must be made "to erase the memory of the Core Area Plan", and that the City needs to get back on a reasonable and timely scale. -4- Mr. Howard proceeded to discuss the recommendations of the Industrial Review Committee. He pointed out that about 15% of the total acreage of the City is zoned for industrial de- velopment. Mr. Howard stated that while Englewood has a night- time population of 35,000 to 40,000, it rises during the day to a peak of 80,000. This is a result of the retail sales and job market opportunities in the City. Mr. Howard pointed out that Englewood has a high percentage of elderly citizens, but there is a diversity in age groups. Mr. Howard stated that he felt this diversity in age groups lends itself to a great potential of transition --realtors are purchasing homes that are being vacated by the elderly for investment; homes are being purchased for rentals with no improvements being made to the structure, which leads to run-down or sub-standard housing. He pointed out that he feels now is the time to make changes and improvements in the City. Mr. Howard noted that there is property under one ownership in the Industrial area in Northwest Englewood that could be developed as a mixed-use Planned Development. This land fronts on West Evans Avenue and lies between South Tejon Street and South Raritan Street; West Adriatic .Avenue bisects this property, and with efforts made to vacate this right-of-way and the adoption of a new Mixed Use District, a very interesting development could occur. Mr. Howard pointed out that the use of a Special Permit System, Planned Development or Mixed Use District would add flexibility to the traditional zoning system. Mr. Howard cited the following general recommendations from the Industrial Review Committee: 1. THAT THERE EXISTS A GREAT POTENTIAL FOR INDUSTRIAL GROWTH IN THOSE AREAS OF THE CITY NOW ZONED FOR INDUSTRIAL USE. 2. THAT ENGLEWOOD IS IN A TIMELY SITUATION FOR PROPER PLANNING SINCE MUCH OF THE OLDER AREAS ARE IN TRANSITION. THUS, GOOD PLANNING NOW WOULD ENSURE SOUND DEVELOPMENT FROM THE POINT OF VIEW OF THE RESIDENT, LAN1X>WNER AND BUSINESSMAN. 3. 'IBAT IN 'IBE MAIN, PRESENT ZONING APPEARS TO BE SOUND, BUT THAT THERE ARE SOME SPOTS WHERE REZONING WOULD BE ADVANTAGEOUS. 4. THAT THE USE OF PERMIT SYSTEM AND/OR P.D. PLANS ALONG WITH THE PRESENT ZONING REGULATION BE CONSIDERED IN MANY OF THE CHANGING AREAS. 5. A LANDSCAPE MAINTENANCE ORDINANCE WOULD BE BENEFICIAL IN SEVERAL INDUSTRIAL AREAS ADJACENT TO RESIDENCES. A PLAN TO LANDSCAPE A SITE INITIALLY IS ONLY VIABLE WHEN THE LANDSCAPING IS MAINTAINED. 6. A REVIEW OF STREET PAVING PROGRAMS IS NEEDED AND A GRADUAL PAVING PROGRAM IMPLEMENTED TO ENCOURAGE NEW BUSINESSES. 7. CLOSER ADHERENCE TO APPROVED PLANS AS WELL AS STRICTER CODE ENFORCEMENT APPLIED TO MANY EXISTING BUSINESSES. '.! -5- 8. ENGLEWOOD BADLY NEEDS A COMPLETE INVENTORY OF ALL COMMERCIAL AND INDUSTRIAL SITES NOW VACANT AND AVAILABLE FOR DEVELOPMENT. 9. THE CITY SHOULD TAKE OVER ALL SPECIAL WATER AND SANITATION DISTRICTS WITHIN THE CITY. Mr. Howard stated that the Committee recognized the fact that land is too costly to require a great deal of landscaping, but they do feel that there can be some landscaping requirements, and that this can be accomplished by the property ownerso M~ Howard pointed out that one of the concerns voiced by the com- mittee was that the landscaping be maintained in a healthy, growing condition after it was planted. The need for street paving program review was discussed by Mr. Howard and Mr. Waln. Mr. Waln stated that he has had many difficulties in attempting to get the streets adjacent to his business pavedo Mr. Howard pointed out that in the north- west Englewood Industrial area, there are vacant sites that could attract good business uses if the streets were paved. Mr. Howard discussed the need for an inventory of vacant sites particularly in the commercial and itldustrial areas. He stated that he felt this could be done in cooperation with the South Suburban Board of Realtors, and would be a step in the right direction to provide a "welcome climate" for new developers if they had a "bank of information" they could have access to. Mr. Howard then discussed the need for the City to assume the special water and sanitation districts within the City of Englewood. He pointed out that there are areas within the City of Englewood that are within special districts and that the fact these special districts are autonomous can stymie development. He pointed out that he had worked with a parcel of land that the property owner wants to .sell, but because it is within a special water district, the sale and development of that property was blocked because of a moratorium on water taps. He strongly urged that the City look into the assimilation of the special districts. Mr. Howard asked if the Commission had questions on the report? Mr. Williams commended the members of the Review Committee on the excellent work they have done. Mr. Owens agreed with Mr. Williams,. and commended Mr. Howard on his presentationo Mr. Smith inquired if there was any discussion or consideration on a special ordinance governing commercial rental property? Mrs. Pierson stated that the problem of the absentee landlord was discussed, but not to the point of a special ordinance to control commercial rental propertyo Mrs. Pierson stated that she felt the recommendation on a landscaping maintenance ordinance would at least provide a means to keep the grounds maintained. -6- Mr. Howard pointed out that in every community, it is very difficult to get people to maintain the outside of the build- ings. He stated that, insofar as he knows, the only legislation now is the Building Code regarding maintenance of structures. If the building is not in conformance with the Building Code , it can be red-tagged. Mrs. Carlberg stated that there are ordinances on the books now, but that enforcement appears to be based on a complaint only situation. Mr. Smith asked if other cities had been researched to see what ordinances they might have on the books that would apply to rental property. He discussed an ordinance in Richmond, Washington, requiring an inspection between tenants. Mrs. Romans stated that a similar program was considered in Englewood, but that it was not implemented due to the opposition of the property owners. Mr. Smith stated that in Richmond, Washington, there was a fine levied on the property owner for lack of notifica- tion on change of tenants. Discussion ensued. Mr. Owens questioned that this would be a viable solution. He pointed out that this would lead to more government control, and would lead to an escalation of costs. He stated that he felt there should be "better regulations", but not more regulations. Mr. Howard stated that he did not regard code enforcement regula- tions as being unreasonable, or as additional bureaucracy. Rather, it is a means to give the city an opportunity to do inspections and bring property up to code. Mr. Smith discussed the matter of rental property, and the condition in which it is "usually" maintained. Mr. Tanguma stated that investors purchasing property cannot increase the value of the property if it is allowed to deteriorate. Mr. Waln pointed out that with the market the way it is today, an investor can buy property, do nothing to improve it, and it will still increase in value. He emphasized that it doesn't matter whether the property owner takes care of the land or not. Mrs. Pierson stated that she did not feel that this applies only to renter occupied properties; she pointed out there are owner-occupied properties that are not taken care of. Mr. Draper stated that he felt the City will have to face the fact that "we are decaying". Mr. Draper stated that the zoning is too restrictive to allow the successful businesses to ex- pand. Mr. Draper stated that Englewood is the hub of a thriving metro area, but we cannot take part in the economic growth that is taking place because of the the restrictions placed on· the businesses. Mr. Draper stated that properties may be purchased for rentals, but questioned that they are being used for resi- dential rentals because of the cost of the land. Mr. Draper stated that he felt the City must look at where it is and take advantage of every opportunity that it can. Mr. Howard agreal with Mr. Draper. -7- Mrs. Pierson stated that the Committee had discussed incentives to encourage businessmen to improve their properties, and cited the center strip planting area as an incentive that was dis- cussed. She stated that it was felt if the City showed an interest in beautifying and upgrading the area, that possibly the businessmen and property owners would respond in kind. Mr. Owens commented that once one or two businesses or houses are fixed up, that changes would occur throughout the neighbor- hood. Mrs. Carlberg noted that there are some recently con- structed residences in Englewood, and that it "must be very depressing to have the other areas with violations." Mr. Lathrop stated that he felt there was no need for more ordinances and regulations, but there was a need for better ordinances and regulations. Mr. Lathrop discussed the condition of some houses, particularly in relation to the wiring; he noted that this old, substandard wiring could be a fire hazard. Mr. Lathrop stated that part of the problem with the existing codes and ordinances is that they don't have "teeth" to give the City authority to enforce them -- to make property owners clean up their site, or to close down a business in a residential area. Mr. Lathrop discussed problems in his immediate neighborhood with a garage operating in the residential district, and his efforts to have this business closed down. Mr. Lathrop noted that many times, the City in- spectors come out during the day to check into a complaint, but the person in violation may not begin thei~ business until after normal work hours, and the City Inspectors do not work after 5:00 P.M. or on the weekends. Mr. Howard recounted an experience of a property owner with a home occupation in the R-1-A Zone District who had been issued an order to cease his operation; he noted that this property owner appealed to the Board of Adjustment, and lost his appeal. Mr. Smith discussed problems that had occurred in attempts to close an illegally operated garage in a single-family residential area on South Acoma Street. He noted that it took many months of documentation and attempts to prove that the cars being worked on were not owned by the property owner before it could be closed. Discussion ensued on businesses that were expanding along the alleys on either side of South Broadway. Mr. Howard questioned why the commercial zoning could not be extended to Acoma or Lincoln in some particular area to accommodate a business that is doing well and needs to expand. He cited the Schomp Oldsmobile dealership as an example. Mr. Waln noted that often complaints are not made to the proper authority. -8- Mr. Howard summarized that the entire committee was in agree- ment that the Code Enforcement was in need of strengthening. Mr. Williams asked if they had specific suggestions or changes that could be made to strengthen the ordinances. Mr. Howard questioned that it was the responsibility of the Review Com- mittee to make specific recommendations on the matter of Codes and Ordinances, or whether it is the responsibility of the City Attorney's office to review the ordinances and to deter- mine that these ordinances do indeed allow the city staff to accomplish the intended purpose of the ordinance. Mr. Howa .rd pointed out that very few of the Committee members had the technical expertise to make specific suggestions on the matter of codes and ordinances. Mrs. Pierson pointed out that a part of the "problem" may be that someone cannot be judged guilty without due process of law. She stated that the mechanism may be available, but it may not be used properly by the staff in attempting to close such operations as Mr. Lathrop and Mr. Smith have discussed. She pointed out that "people do have their rights", as well as those who complain .about a violation in their neighborhood, and that it must be "proved" that these people are in violation of the regulations. Discussion ensued on the problems caused in a neighborhood by garages operating out of a residential property. Mr. Bush pointed out that possibly there should be a restriction requiring that all cars parked on-street be moved every 24 hours, or there .. should be some effort to control or limit the number of cars ~ that people can own in an R-1 District. Mr. Lathrop discussed the process of declaring an automobile abandoned; he noted that he had called about a vehicle, and that the vehicle sat three days before it was marked, and sat another three days before it was declared abandoned and moved. Discussion ensued. Mr. Green asked who a person making a complaint would talk to? He noted that many times people are sent from one department to another, and get no satisfaction. Further discussion en- sued. Mr. Waln stated that if some of the ordinances and regulations presently in effect have the proper "teeth" in them, possibly the police/judicial process should be reviewed to see if this aspect is functioning properly. Mrs. Pierson suggested that possibly a special committee should be appointed to study the problems inherent in code enforcement. Mr. OWens noted that this is the second review committee to report to the Planning Commission, and both committees have voiced concern about code enforcement. Mr. Owens stated that he would suspect that this problem will be noted throughout reports from the other review committees, and suggested that possibly we should delay appointing a committee to study the problem of code enforcement until all of the review committees have reported to the Commission. Mr. Howard stated that ,. -9- there must definitely be a problem if the other review committees have and will pick up on it in their reports. Mrs. Romans pointed out that the Code Enforcement staff is limited, and that Mr. Wanush has organized the Division in order to get maximum staff time from these people. Mrs. Romans pointed out that there are only two enforcement officers assigned to environmental codes for the entire City. Mrs. Romans also cited some of the problems that these Code Enforce- ment officers encounter, such as when citations are issued some citizens may complain that they are being "picked on" by the Code Enforcement Division. The Code Enforcement officers must also get the City Attorney's office to agree to take a matter to Court, and there have been some problems in thjs procedure in the past. Code Enforcement inspectors and Police officers may reach a point of despair if the cases are not taken to Court after they have issued a citation for a violation. Further discussion ensued. Mr. Owens stated that he did not feel that any of the discussion on code enforcement problems is a reflection on the staff; it may be that more inspectors are needed, and that there needs to be amendments made to some of the ordinances to facilitate the code enforcement process. Mrs. Pierson questioned why we should delay a special committee study on code enforcement? Mr. Owens and Mr. Smith agreed that it might be best to wait until the Comprehensive Plan Review process is completed. The City's legal department and its relationship to other City Departments was discussed. Mr. Lathrop pointed out that two Code Enforcement Officers for the City of Englewood is not sufficient; when one of these officers does get a case into court, they lose time on the street. He stated that he felt at least four Code Enforcement Officers are needed for just the environmental codes, and that inspections should be made in the evenings and on weekends. Mr. Williams stated that efforts are being made to improve the Municipal Court system, and felt that these efforts would be successful. He pointed out that he is speaking about the Court system itself. Mr.-Owens noted that one of the recommendations of the Industrial Review Committee was that the City assume responsibility of all special water and sewer districts in the City. He asked for further clarification on this matter. Discussion ensued. Mr. Smith asked if any recommendation has been made to the Water and Sewer Board that the City purchase those Districts? Mr. Blomberg stated that his property is in the Valley Water District, and that they wanted $5,000 for a tap fee; the line would have to be run 300 feet to his house. Mr. Blomberg dis- -10'."" cussed the "hassle" that he feels people have to go through to do anything, and cited his efforts to construct his building. Mr. Williams excused himself from the meeting. Mr. Howard stated that there was some discussion in the Com- mittee meetings on whether or not there should be maps in the adopted Comprehensive Plan, or whether goals and policies should be specifically spelled out and adopted in place of the ma ps. Mr. Howard noted that Denver has recently abolished maps i n their Comprehensive Plan, and took up the goals and policies system. Mr. Howard stated that he feels that this community needs goals, and the policies should be established so that those goals can be reached. Mr. Owens asked if the goals and policies would be specific enough to eliminate the need of maps entirely? Mr. Howard stated that he understood Denver had abolished the Land Use Map. He stated that he was under the impression that Arvada has also recently eliminated the map system, and has adopted the goals and policy system. Mr. Howard stated that he felt the extensive maps were one of the problems in the Core Area Plan. Discussion ensued. Mr. Howard stated that one way of achieving the goals and policy system is to list a g:>al and then give several "tools" or policies to reach that goal. These goals and policies would give a direction to the development of the City, and would be set out so that developers and residents could be aware of them. Mr. Smith stated that he would like to disagree with Mr. Williams statement that something is being done to improve the Court process. He stated that as far as he knows. nothing is being done about the prosecution phase of the judicial system in Englewood. It is true that there will be physical improvements in the Municipal Court quarters, and other changes in the Court system itself, but this would not necessarily affect the prosecutor's office. Mr. Smith pointed out that the City Council becomes "crises oriented", and that this does not allow an opportunity for "creative legislation." Mr. Smith stated that he would certainly pursue the matter of a committee to study the matter of code enforcement and putting "teeth" in the laws. Discussion ensued. Mrs. Pierson suggested that the matter of a special committee to consider these subjects be placed on the agenda after the Comprehensive Plan is completed. • -11- Mr. Lathrop discussed the need for updating the ordinances that are on the books; he noted that changes do occur, and very often the City codes and ordinances do not keep pace with the progress of the City. Mr. Lathrop also discussed the fact that citizens with problems very often do not know who to talk to at City Hallo He suggested that possibly a public relations officer is needed to get these citizens to the right department. Mrs. Romans · reminded members of the special meeting on May 30, 1978, at 7:00 P.M. to discuss the Downtown Review Committee's report. The meeting adjourned at 9:30 P.M . •