Loading...
HomeMy WebLinkAbout2003-07-22 PZC MINUTES• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JULY 22, 2003 I. CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7: 10 p.m. in the Community Development Conference Room of Englewood Civic Center, Chairman Waggoner presiding. Present: Absent: Staff: Consultant: Bleile , D iekmeier, Krieger, Roth , Schum , Waggoner Adams and Welker entered the meeting late Mueller Senior Planner Mark Grah am Assistant City Attorney Nancy Reid Anne Ricker, Leland Consulting Group On behalf of City Council, Chairman Waggoner presented Mr. Bleile with a Certificate and pin acknowledging his appointment to the Planning Commission. II. APPROVAL OF MINUTES July 8, 2003 Chairman Waggoner stated the Minutes of July 8, 2003 were to be considered for approval. Krieger moved: Roth seconded: The Minutes of July 8, 2003 be approved as written . Chairman Waggoner asked if there were any corrections or modifications to the Minutes. None were proposed, and Chairman Waggoner asked for the vote. AYES: NAYS: Krieger, Roth , Bleile , Diekmeier, Waggoner None ABSTAIN: Schum ABSENT: Mueller, Welker, Adams The motion carried. III. SOUTH BROADWAY PLAN 2003 Mr. Graham introduced Ms. Anne Ricker of Leland Consulting Group , and stated that Ms. Ricker has been working with staff on development and writing of the South Broadway Plan 2003. South Broadway has been scrutinized since late 2002. Some initial studies have been done , and initial goals have been established. These goals include: 1. 2 . PCM 7-22-03 Revitalize the corridor. Redevelop key nodes. 1 • • • 3 . 4. 5. 6. Support multiple modes of transportation . Increase retail spending. Improve opportunities for workforce housing. Reposition underused properties for redevelopment. Mr. Graham reported that City Council is concerned about the poor sales tax generation by South Broadway businesses, the proliferation of auto sales lots, and other non-productive land uses along this business corridor. Mr. Graham referenced an inventory of the corridor uses, noting the most common uses and the percentage of land area occupied by that use category. Mr. Adams entered the meeting and took a seat with the Commission . Mr. Graham stated that public meetings were held in May, 2003. Blight maps , and maps indicat- ing under-utilized properties were available at those meetings. Mr. Graham pointed out that 65 % of the land area in the Broadway corridor generates no sales tax for the City -auto sales lots gen- erate sales tax only if the purchaser is a resident of Englewood, and residential, office, and service uses along Broadway generate no sales tax. There are low property tax assessments for properties in many blocks along Broadway. Mr. Welker entered the meeting and took a seat with the Commission. Mr. Graham stated that City Council has asked that a specific portion of the proposed plan, deal- ing with the auto-related businesses, be pulled forward for early consideration , and that a list of strategies be prepared for discussion on July 28 1h. Mr. Graham briefly addressed the revenue shortfall for 2003 and 2004, and the need to generate additional revenue , or cut City programs and employee layoffs. Mr. Graham cited some ways that under-utilized , low revenue producing properties might be turned into productive, well-used sites , and to get the Broadway corridor to function once again as a "retail " corridor: diversify business type s to improve revenue generation along the corridor; levy a tax on specific business types to encourage improvement of properties or a change of use to better use the land ; address transportation needs and develop "nodes" of commercial uses along the corridor. Ms . Ricker briefly addressed the Commission , noting that traffic could be slowed in some sec- tions of the corridor where commercial "nodes " develop , and move at a higher speed in other sections of the corridor. Ms. Ricker stated that Leland Consulting Group has worked on com- mercial corridors and urban revenue strategies throughout the country . She noted that Engle- wood is a "fixed" environment (land-locked), and the commercial corridor is dominated by the a uto sa les lots and auto-rel ated businesses . Ms . Ricker st ated that uses along the corridor do af- fect the finances of the City, both positively and negatively -auto sales lots themselves create very little re venue for the City; the auto-related businesses -tire sales stores , muffler and brake shops , for instance, do generate some sales tax on m aterials used in providing their services to the customer. Ms. Ricker stated that comparative land costs have to be considered -auto-related uses versus other commercial uses. Ms . Ricker stressed the importance to the City to address the productivity of the commercial corridor -both passively and aggressively. The passive approach PCM 7-22-03 2 • • • would be through the Comprehensive Plan and establishment of "policies" regarding develop- ment or redevelopment of under-utilized properties. The aggressive approach is through con- demnation, or some other means to eliminate the under-producing uses and have new develop- ment come in. Ms. Ricker discussed the possible imposition of a property tax on underused properties such as the auto sales lots and the motivation this higher rate of taxation exerts on property owners to improve the site to better use and thereby lower the rate of taxation. Discus- sion ensued . Mr. Bleile questioned the taxation policy of the City -land and improvements taxed at the same rate. Ms . Ricker suggested this is a policy of the State of Colorado, not the City. Mr. Graham reiterated that the possibility of increasing the tax rate on certain properties is being explored. Mr. Schum questioned the fairness of this proposal, and suggested that it will "back-fire" on Englewood, and that people won't buy into the proposal. Mr. Graham reiterated that the proposed taxation of specific business categories may encourage use of the property for a higher and better use, could create a "barrier" for additional car dealers, and make it undesirable for this type of business to locate along the Englewood Broadway corri- dor. Mr. Graham also discussed a bill recently signed into law by Governor Bill Owens restrict- ing the use of amortization to eliminate non-conforming uses. Mr. Graham suggested that spe- cific uses could be moved from "use-by-right" in a specific zone district, and the City could set policies to encourage the concentration of specific uses -create an "auto-mall", for instance. Mr. Graham noted that approximately 40 acres of land along the Broadway corridor is now used for auto sales lots, and 10 additional acres are occupied by other auto-related uses. Auto dealers on Broadway occupy approximately 10 times the acreage for local demand for auto sales for a City the size of Englewood . Mr. Graham and Ms. Ricker noted that other municipalities are dealing with "corridor" issues, Denver and Aurora on the East Colfax corridor, the West Colfax corridor for Denver, Lakewood is also addressing use issues along their primary commercial cor- ridor. Mr. Schum expressed his opposition to imposing a tax on a specific type of business to raise revenue, and noted that even if the properties were to be improved, the improvements would be devalued each year. Ms. Krieger pointed out that property owners would want to keep the im- provements well maintained to enjoy the lower tax rate . Mr. Schum stated that imposition of a special tax on the auto dealers and auto-related uses would drive businessmen out of the City. He recalled the redevelopment undertaken during the 1980 's, noting that "people didn't like Trolley Square"; a lot of businesses were "kicked out", and Trol- ley Square was never successful. Mr. Graham noted that Trolley Square was a project of the Englewood Urban Renewal Authority, and came on line in the late 1980's when the economy had taken a dramatic downturn; and the developer could not get tenants signed to locate in Trol- ley Square. Mr. Welker stated that a lot of the problem with Trolley Square was the design of the develop- ment -a partial below-grade retail level doesn't work anywhere. He stated that there was a "lot of pressure to build 'x' amount of square footage on the site ", and this contributed to the overall PCM 7-22-03 3 • • • poor design of the project. Mr. Welker acknowledged that the economic climate in the late '80's hurt the viability of Trolley Square , but we are experiencing an economic recession right now. Mr. Welker noted that when the CityCenter development was in the early stages a variety of business uses were mentioned-none of them have been leased for CityCenter. Mr. Welker stated that there is pressure now because of the revenue shortfall the City has, but he cautioned that the City must be very careful in their approach to reverse the revenue shortfall. Mr. Bleile asked if the intent is to get rid of the auto sales lots or encourage better tax producing businesses. Mr. Graham stated that the answer is "yes" to both parts of the question. Mr. Schum reiterated "you are talking about pushing businesses and people out of my city", and Denver gives really good tax incentives to encourage new businesses to locate there . If Engle- wood wants a change in the type of businesses along the Broadway corridor, achieve it by offer- ing incentives to improve the properties by existing property owners, or to encourage new busi- nesses , and not by "bullying" existing businesses out of town . People won't want to locate in Englewood until they are confident that the City will be willing to work with them . Mr. Graham noted that lot configuration along the Broadway corridor is problematic -there is no great depth to lots fronting on Broadway limiting opportunities to encourage larger develop - ments. Parking for business purposes was discussed. Mr. Graham stated he understood the proposed UDC will make provision for "shared" parking lots, rather than requiring each business to pro- vide a stipulated number of parking spaces . This "shared" parking lot might be located mid- block. Development of a "parking district" might also be considered in lieu of individual park- ing lots. Mr. Graham noted that care must be taken on the shared parking or parking district pro- visions -will the parking area be taken over by business employees, or will it be available for the customers of the businesses. Mr. Welker stated that it appears the assumption is being made that people want to get out of their cars and walk some given distance to the business they want to visit; this is changing hu- man behavior because a lot of people have just so much time to get their shopping done , and don't have time to "window shop" to or from their vehicle. Mr. Schum stated that this would certainly be true in the downtown area where the elderly people want to park in front of the busi- ness, and not walk. Ms. Ricker reminded members of the Commission that one of the primary issues cited in the Broadway Plan is that 65 % of the corridor isn 't bringing in revenue, and this is a problem for the City . Mr. Schum stated that placing a special tax on under-utilized land is "sneaky and under- handed". He reiterated his preference to resolve the problem by providing incentives for lot and use improvements. He again spoke against the "bullying tactics " of the City. He stated that the auto sales lots do provide revenues . Assistant City Reid stated that sales taxes on vehicles sold go to the point of destination -if someone from another jurisdiction purchases a vehicle in Englewood, the sales tax is collected for that jurisdiction -not Englewood . PCM 7 -22-03 4 • Ms. Krieger pointed out that auto sales lots aren't the only use that doesn't generate taxes. Mr . Waggoner agreed, and cited that none of the service-oriented uses generate sales tax , residential uses don 't generate sales tax, and that most industrial and many commercial uses do not generate sales taxes -none of them "pay their way" so far as paying for services provided by the City - police and fire, streets, etc. Mr. Graham noted that Englewood residents are estimated to pay 20 % of the sales tax revenue in the City. Mr. Welker further discussed the issue of commercial depth along the Broadway corridor. He agreed that there is not the space to attract the larger businesses. He suggested that the problem is more than just a matter of the auto sales lots . The City needs to extend the depth of the com- mercial zoning along the corridor to the adjoining block faces to encourage redevelopment. Something must be done to encourage new businesses to locate along the corridor. He stated that off-street parking will still be needed , but possibly reduce the ratio required. Mr. Graham stated he understood the point of views expressed by Mr. Welker and Mr. Waggoner, but reiterated that City Council has asked that the part of the Plan pertaining to the auto sales lots be brought forward for early discussion . Mr. Graham stated again that many of the points raised by Commissioners are important and will be considered in the Plan. Mr. Gra- ham then stated that he does not feel that the City is "bullying" anybody, nor has the City done so in the past. He reiterated that the City is approximately $4.5 million short in revenues , and is searching for ways and means to strengthen the revenue stream and avoid cutting or eliminating some City services. • Mr. Schum stated that it "looks like the intent is to get rid of a class of business." • Ms. Reid asked what Mr. Graham was seeking from the Commission at this time . Mr. Graham stated that this is an informational study session ; all issues regarding taxation will be decided on the City Council level. The Planning Commission responsibility will be consideration of such issue s as lot configuration , zoning depth , the UDC and inclusion or exclusion of uses in any par- ticular zone district. Mr. Waggoner stated the Commission will need to see maps of the corridor and the area adjacent to the next street frontage both east and west. If the desire is to attract larger businesses, the Commission needs to know where it would be possible to expand across the alley. Mr. Graham noted that utility lines are in the alley , and this will have to be addressed. He stated that staff has already spoken to Mr. Bill Crouch and one or two other owners of larger parcels of land regarding development of commercial "nodes". Mr. Graham discussed a "void analysis" that will determine the type of businesses and services that are not met along the corridor. Mr. Diekmeier asked what other areas in the Country are addressing this same or a similar issue. Ms. Ricker stated that Anaheim, CA and Portland, OR are two municipalities that come to mind . She reiterated that Denver, Aurora , Brighton, and Lakewood are all beginning to address the is- sue of under-utilization of primary corridors in their jurisdictions. Ms. Ricker then addressed Mr. Welker's theory that the proposal is trying to "change human behavior", and agreed that with the use selection along the Broadway corridor that we have now, people will not walk along PCM 7-22-03 5 • the corridor to "window shop". However, with "node" commercial developments, people would be more inclined to park in one location , and walk around the "node" to see what businesses are located there. Mr. Welker expressed his opinion that this might happen in the CityCenter area, but questioned that it would become a reality along the Broadway corridor. Ms . Ricker dis- cussed the different level or type of "nodes" -Denver has a concentration of antique shops, for instance , where people wander from one store to another. She stated that if the City doesn 't want to eliminate the auto sales lots , try to concentrate them and create an "auto mall" where those in search of a vehicle could walk from sales lot to sales lot to get the best vehicle for the best deal. Discussion ensued . Mr. Graham noted that new car dealership locations are predicated on geog- raphy and corporate determination . Ms. Krieger pointed out that if policies are changed regarding a specific use, that use may be- come invaluable in a jurisdiction -if new businesses are ruled out, but existing ones are "grand- fathered" in, existing businesses have a high value placed on them. Ms. Reid agreed with Ms. Krieger 's theory . Mr. Graham stated that this has happened with the pawn shops -no new ones are allowed along the Broadway corridor, but those that are there are increased in "value". Mr. Graham stated that staff will bring the Commission the maps requested. Mr. Graham stated that more information will be available to the Commission at their next meeting , August 5. IV. PUBLIC FORUM • No one was present to address the Commission . • V. DIRECTOR'S CHOICE Mr. Graham cited the information on the UDC that was included in the packet. Any questions or comments may be sent to Trici a Langon ; this will be back before the Commission in late August. VI. ATTORNEY'S CHOICE Ms . Reid stated that she has reviewed the UDC sections pertaining to Telecommunications, Sat- ellite Dishes, and Flood Plain, and will forward her comments and suggested changes to Ms. Langon. VII. COMMISSIONER'S CHOICE Ms . Krieger stated she had nothing to bring up. Mr. Adams had nothing to bring forward for discussion. Mr. Schum discussed his displeasure with the quality of City services he has received recently; he cited two instances with Code Enforcement regarding dogs , and one instance wherein he paid his water bill but it apparently was not credited correctly and a "very rude" Utilities Department employee came out to red-tag his home . PCM 7 -22-03 6 • • • Mr. Diekmeier had nothing to bring up for discussion . Mr. Bleile had nothing to bring up for discussion. Mr. Roth had nothing to bring up for discussion . Mr. Welker apologized for arriving late . Mr. Welker expressed his concern regarding the Broadway Plan 2003, and the pressure that is being placed to bring only a part of the plan for- ward for early consideration. He strongly advocated exercise of care and caution on the part of City Council , noting the many years that have been spent trying to improve the City image as a good place to do business . Chairman Waggoner stated that City Council is trying to justify an increase in taxes, but they should not be trying to push ordinances and codes through just to bring in revenue. If a property tax is needed, or a head tax -everyone should pay his way. He stated he found it interesting that residential uses don 't pay their share for City services either. Who actually pays their way for using city streets, fire and police services? How much of the tax revenue comes from Engle- wood residents ? Mr. Graham stated that Englewood residents generate an estimated 20 % of the tax re venue. The shopping opportunities existing in Englewood were discussed . There are no outlets for pur- chase of large appliances and opportunities to purchase clothing and shoes are extremely limited. These are examples of retail opportunities the City needs. Mr. Waggoner emphasized the need to create a "place" to shop -he had envisioned something similar to a River Walk along Little Dry Creek -something that would draw shoppers from all over to come to this area and have an enjo yable shopping/dining experience . Discussion ensued. Ms. Reid stated that she is hearing the Commission opinion to "find some- thing else before you get rid of them (the auto sales lots)"; she commented that this may be an unrealistic expectation . Mr. Welker stated that City has no big-box outlets, and economic devel- opment is more than providing incentives to potential businesses . He stated the City needs to build on the fact that Englewood has a lot of jobs; there is a lot of traffic going through the City and we need to explore ways to get this traffic to stop and shop; the City also needs to explore ways to take advantage of the captive work force to encourage them to shop here before they go home. Further discussion ensued. The meeting was declared adjourned. ---- PCM 7-22-0 3 7