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HomeMy WebLinkAbout2006-10-17 PZC MINUTES• • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION October 17, 2006 CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:05 p.m. in the City Council Chambers of the Englewood Civic Center, Chair Roth presiding. Present: Absent: Staff : Brick, Diekmeier, Krieger, Knoth, Roth Hunt (Excused), Welker (Excused), Mosteller (Exc used ) Tricia Langon, Senior Planner Nancy Reid, Assistant City Attorney II. APPROVAL OF MINUTES September 19, 2006 Mr. Brick moved: Mr. Bleile seconded: TO APPROVE THE SEPTEMBER 19, 2006 MINUTES AS WRITIEN . AYES: NAYS: ABSTAIN: ABSENT: Hunt, Knoth, Roth, Bleile None Diekmeier, Krieger Mosteller, Welker, Hunt Motion carried. m. PUBLIC HEARING Case #USE2006-00016 3260 West Chenango Avenue Chair Roth stated the issue before the Commission is Case #USE2006-0016, 3260 West Chenango Avenue. Chair Roth asked for a motion to open the public hearing. Mr. Diekmeier moved: Ms. Krieger seconded: THE PUBLIC HEARING ON CASE #USE2006-00016 BE OPENED. AYES: NAYS: ABSTAIN: ABSENT: Brick, Diekmeier, Bleile, Krieger, Knoth, Roth None None Welker, Mosteller, Hunt 1 • Motion carried . • • Chair Roth asked staff to present the case. Tricia Langon, Senior Planner was sworn. Ms. Langon stated the issue before the Commission is Case #USE2006-0016, 3260 West Chenango Avenue. The applicants are seeking a Conditional Use to allow a Family Child Care Home (day care) within an R-1-A zone district. Ms. Langon stated the property was properly posted the required 15 days prior to the hearing and was published in the Englewood Herald on September 29, 2006. This was done in accordance with Section 16-2 :3G of the Englewood Municipal Code. The posting and publication were officially entered into the record. The applicants propose to operate a Family Child Care Home within their residence. A Family Child Care Home is a type of homecare accessory use that is listed in Table 16-5-1.1 in the Table of Allowed Uses in the Unified Development Code. In the R-1-A zone district the Family Child Care Home is a Conditional Use, which is the reason for tonight's Public Hearing. A Conditional Use is defined as a use permitted in a particular zone district only upon showing that such use in a specific location will comply with all conditions and standards for the location or operation of such use as specified in this Title and authorized by the Commission. There are three considerations to take into account before the Conditional Use can be accepted: • The day care is operated by a State licensed child care provider. The Greens have applied for that application . They can discuss that when they present their testimony. • The day care be operated by a resident of the home. The Greens do live in the home. • The day care is accessory to the principal residential use . Since it is their home, the residence is the primary use and therefore the day care is accessory to their actual residence. The three criteria have been met. Ms. Langon pointed out the State regulates the number of children and other safety issues and that is not part of this hearing this evening. The property is located at 3260 West Chenango Avenue. It is 10,440 square feet in area and located in what is known as the Centennial area of the City. It is zoned R-1-A and adjacent properties are also zoned R-1-A. 2 The Commission must look at five criteria to determine whether the Conditional Use can • be approved. They are: • • 7. The Conditional Use must be permitted as a Conditional Use in the zone district in which it is proposed to be located. Per Table 16-5-1.1: Table of Allowed Uses, Family Child Care Home (day care) is an allowed use as a Conditional Use. 2. Secondly, you must consider whether there is significant adverse impacts on either the existing or future development in the area. Although day care may generate increased traffic at morning drop-off and evening pick-up times and children do make noise, that is a part of life. The Department feels this is off-set by the need for licensed child care providers in the City. Per the latest listing from the State there are no licensed child care providers in this area. 3. The number of off-street parking spaces shall not be less than the requirements of parking code. There are no parking requirements listed in the Unified Development Code for a Family Child Care Home. The residence is required to have two parking spaces and those are provided. 4. The Conditional Use shall meet all other applicable prov1s1ons of the Englewood Municipal Code. The proposal was reviewed by the Development Review Team consisting of seven departments that review permits and development options in the City. All departments and divisions accepted the proposed plan for the day care . 5. The fifth criterion is for a telecommunications tower. Since this not a telecommunication tower, it 1s not applicable and not part of the Commission's review process. Staff recommends that the Planning and Zoning Commission approve Case #USE2006- 00016, a request to allow a Family Child Care Home (day care) within an R-1-A zone district. Ms. Langon stated she or the applicant would be happy to answer any questions. Mr. Bleile asked if there had been any feedback from any of the neighbors. Ms. Langon stated nothing had been received by the Department. Mr. Diekmeier stated he understood the applicants were applying for a State license. Ms. Langon stated that was correct. He said the Commission will be approving a Conditional Use based upon them receiving the State license. Ms. Langon stated that was correct. The applicants need zoning approval to receive the State license. Cl 1air Roth thanked Ms. Langon for her testimony. The applicants, Elana and Don Green were sworn in . 3 • • • Ms. Green said the State has inspected their home and they have fixed everything the State felt needed to be fixed and sent the response back. She stated they are just waiting to hear. Mr. Diekmeier stated he was surprised to hear there is currently no State licensed day care in Englewood. Ms. Krieger responded what was said was "in that area". Mr. Diekmeier asked if that meant the Centennial area. Ms. Langon stated that was correct. Mr. Bleile asked if the neighbors are o.k. with the day care. Ms. Green stated they are. She said they spoke to all the neighbors prior to starting the process. She said they are surrounded by several retired families and they have all been very happy about it and asked if they could help. The neighbor across the street asked if they would do day care for his children. Chair Roth asked if there were any further questions. There were not. Chair Roth thanked the Greens. Ms. l<rieger moved: Mr. Knoth seconded: THE PUBLIC HEARING ON CASE #USE2006-00016 BE CLOSED. AYES: NAYS: ABSTAIN: Al3SENT: Brick, Diekmeier, Bleile, Krieger, Knoth, Roth None None Welker, Mosteller, Hunt Motion carried. Mr. l<noth moved; Mr. Brick seconded TO APPROVE THE CONDITIONAL USE FOR CASE #USE2006- 00016 TO ALLOW A FAMILY CHILO CARE HOME (DAY CARE) TO BE LOCATED IN THE R-1-A RESIDENTIAL SINGLE DWELLING UNIT DISTRICT PROVIDED THE APPLICANTS SUBMIT A COPY OF THEIR STATE-ISSUED CHILO CARE LICENSE. Mr. Brick stated he lives in that area on West Monmouth and he said he thinks it's great the Greens are doing this. He stated his wife has been in child care for about 14 -15 years and the only thing I can see is the reason we're even hearing this is that any time you introduce a business into a residential area like that it is more incumbent on you to blend than for the area to endure. With no further discussion, the secretary called the roll. AYES: NAYS: ABSTAIN: Brick, Diekmeier, Bleile, l<rieger, l<noth, Roth None None 4 • • • ABSENT: Welker, Mosteller, Hunt Motion carried. IV. PUBLIC FORUM Ms. Krieger stated she would like the minutes to reflect that she felt it was silly for daycare in an R-1-A district to even be considered a Conditiona l Use. Ms. Langon stated there are no home occupations allowed with in the R-1-A zoning district. The only way to allow child care in that district wou ld be as a Conditional Use. Mr. Bleile asked if the Conditional Use stays with the fami ly. If they move does that u se go away? Ms. Langon stated that it would go away. With the change in the Unified Development Code the Conditional Uses and Limited Uses were set for one year. There is a one year review and if at that one year time they are not operating or do not have a State license then we can end the Conditional Use. If they are meeting all of the conditions, which there was only one, to obtain the State license, there is nothing to do. If there are continual complaints from the neighborhood then Staff wou ld look at it that way. Mr. Diekmeier asked if the Cond iti ona l Use cou ld be withdrawn based on neighborhood objections. Ms. Langon stated it could . Ms. Krieger asked if the app li cants wo uld have to come back for another hearing. Ms. Langon did not recall. Ms. Reid said she thou ght they would, but would have to check. She sa i d you cannot take away a right you have been given. Ms. Langon read the applicable paragraph from the Unified Development Code. Ms. Reid said the applicants would go before the Board of Adjustment to appeal. V. DIRECTOR'S CHOICE Ms. Langon stated the November 7th meeting will be a public hearing on the Parks Master Plan. It is a comp p lan amendment. The next meeting afte r that wi ll be November 2 1 si, wh ich is the Tu esday of Thanksgiving week. There is a potentia l p ubli c hearing. She asked if any of the commissioners had p lans to be out of town that week. A ll commissio n ers stated they p lanned to be in town, but Ms. Reid stated she will be gone . The meeting that night will be a Unified Development Code Amendment regarding temporary she lters at the request of Council. Ms. Langon stated a temporary she lte r is any kind of she lter needed for emergency purposes whether it be for homeless people due to flood, fire, famine or any natural disaster or genera l weather related homeless situations. Mr. Ble il e asked for cla ri f ication as to why a public hearing is needed to determine whether or not during a federa l eme rgency a temporary she lter is needed. Ms. Langon stated the p ubli c hearing is needed to amend the Ordinance . She said it is addressed, but Council requested some changes. Mr. Diekmeier asked if the changes were due to Katrina. Ms. Langon said no, it was the result of a situation last wi nter regarding a church opening up their basement to homeless individuals. The church was not in the correct zone district and they also did not have proper health, safety or sanitation . 5 • Ms. Langon also noted upcoming meetings will include an Amendment to the Denver Seminary PUD, probably sometime in December. VI. A ITORNEY'S CHOICE Ms. Reid stated she had nothing further. VII. COMMISSIONER'S CHOICE Mr. Bleile asked if Flood Middle School had been sold. Ms. Langon stated it had not. The meeting adjourned at 7:30 p.m. STUDY SESSION The Commissioners reconvened at 7:40 in the Community Development Conference Room for a Study Session. Commissioners present were Chair Roth , Mr. Diekmeier, Mr. Brick, Ms. Krieger, Mr. Bleile and Mr. Knoth. Also present were Harold Stitt, Community Development Manager, Mr. Dave Lee, Manager of Open Space and Mr. Chad Schneckenburger, Recr eat ion Planner with EDAW. PARKS MASTER PLAN • Mr. Stitt introduced Mr. Lee from Parks and Recreation and Mr. Schneckenburger from EDAW. • Mr. Lee gave a short introduction on the background on the Master Plan and the process, which began in August of 2005. He turned the meeting over to Mr. Schneckenburger to give an overview of the Master Plan and the process. Mr. Schneckenburger stated the purpose of the plan is to help define the vision for the community in relation to parks and recreation over a 15 to 20 year time frame, to develop a detailed inventory of all park lands and quantify existing levels of service per current and future residents, assess the current condition of the City's parks, facilities and trails, identify, a1ialyze and determine community park and recreation needs, identify underserved residential areas and define level of service standards and a classification system for park design, identify opportunities for synergies between park lands and future redevelopment projects within the community, identify preliminary cost estimates and finally development of an action plan for implementation. A slide show was presented at this time. Needs in Englewood: • Need for acquisition and development of park land • Need for upgrade and addition of certain facilities and amenities • Need for new trails and connections within the community 6 • • • • Need for more natural areas and open space • Need for more specialized recreation and leisur e facilities Land recommendations come in six essential forms: • New park land and amenities • Major park rede signs • Facility additions and enhancements of existing parks • Street crossing enhancements • New off-street trails • l<ey new on-street trail connections Mr. Schneckenburger's recommendation in the near future is to select a few small projects that can eas ily be implemented across the community such as playground upgrades, shelter additions, signage replacements ..... things that are visible. He also suggested the City capitalize on any opportunities to acquire additional parklands, especially key parcels adjacent to existing parklands. An example of long range planning goals would be the redesign of existing parks. He also suggested the City begin thinking of a land bank to be able to acquire strategic parcels when they become available. Approximate cost of everything recommended is between $23 and $30 million. Mr. Lee stated next year money will be coming from Arapahoe County Open Space funds in addition to what is budgeted. Projects for next year include shelter and playground upgrades at Belleview Park and the purchase of the Duncan Park property. Mr. Brick thanked Mr. Lee for doing such a great job. Mr. Brick said he really likes the park system in Englewood. Mr. Diekmeier asked where park trends are headed. Mr. Schneckenburger said soccer, skateboarding, mountain biking and wall climbing are very popular. The Committee thanked Mr. Lee and Mr. Schneckenburger for their presentation. DOWNTOWN AND MEDICAL DISTRICT SMALL AREA PLAN Mr. Voboril and Mr. Bell finished their presentation on the Downtown and Medical Districts Small Area Plan. Sub areas 5 and 6 of the Medical District were reviewed. Sub area 5 comments: • Zoning n eeds to be changed • Difficult to redevelop along 285 without incentives • Area where the most young children and young adults live 7 • Sub area 6 comments: • Biggest sub area • Old Hampden retail is strongly oriented to the hospital • New Hous ing Authority senior housing is being built in this area • Parking problems and security issues in parking garages • Redevelopment of the old health club property Mr. Bell gave a short presentation and slide show on urban design. The Study Session concluded at 9:15. :?:.*~w~~tar( • • 8 • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATIER OF CASE #USE2006-00016) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS TO ALLOW ) A FAMILY CHILD CARE HOME (DAY ) CARE) TO BE LOCATED IN THE R-1-A ) RESIDENTIAL SINGLE DWELLING UNIT ) DISTRICT ) INITIATED BY: Don and Elana Green 3260 West Chenango Avenue Englewood, Colorado 80110 ) ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commiss ion M embers Present: Brick, Di ekme ier, Bleile, Krieger, Knoth, Roth Commission Members Absent: Welker, Hunt, Mo ste ll er This matter was h eard before the City Planning and Zoning Commission on Octob er 1 7, 2006, in the City Council Chambers of the Englewood Civic Center. Testimony was rece ived from staff and from the applicants. The Commission rec eiv ed noti ce of Public Hearing, Certification of Posting, and the Staff Report which were in co rporat ed into and made a part of the record of the Publi c Hearing. After considering statements of the witnesses, and reviewin g the pertinent documents, the f"ll emb er s of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the request is for Conditional Use approval to allow a Family Child Care Home (day care) to be located in the R-1-A Residential Single Dw ellin g Unit District. 2. THAT Public Notice of the Public H ea ring was given by publication in the Englewood H era ld on September 29, 2006. 3. THAT the property was posted as required, said posting setting forth the date, time, and place of th e Public Hearing . • • • 4 . THAT Senior Planner Langon testified the request is for approval of a Family Child Care Home (day care) to be located in the R-1-A Residential Single Dwelling Unit District. Ms. Langon testified to the criteria the Commission must consider when reviewing a Conditional Use application. Ms. Langon further testified that staff recommends approval of the Conditional Use application. CONCLUSIONS 1. THAT the application was filed by Don and Elana Green seeking approval of a Conditional Use application to allow a Family Child Care Home (day care) to be located in the R-1-A Residential Single Dwelling Unit District. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publication in the official City newspaper, and by posting of the property for the required length of time . 3. THAT the use is permitted as a Conditional Use in the R-1-A zone district. 4. THAT the Conditional Use shall not create significant adverse impacts on either the existing development in the surrounding neighborhood or on any future development. 5. THAT the Conditional Use application meets all other applicable provisions of the Englewood Municipal Code. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the application filed by Don and Elana Green to allow a Family Child Care Home (day care) to be located in the R-1-A Residential Single Dwelling Unit District, provided the applicants submit a copy of their State-issued child care license, meets the requirements for a Conditional Use and should be approved. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on October 17, 2006, by Mr. Knoth, seconded by Mr. Brick, which motion states: AYES: NAYS: To approve the Conditional Use for CASE #USE2006-000 7 6 to allow a Family Child Care Home (day car e) to be located in the R-7-A Residential Singl e Dwelling Unit District provided the applicants submit a copy of their State-issued child care license. Brick, Diekmeier, Bleile, Krieger, Knoth, Roth None ABSTAIN: None ABSENT: Hunt, Welker, Mosteller • The motion ca rri ed . Thes e Find in gs and Conclusions are effective as of the meeting on October 1 7, 2005. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Don Roth, Chair • • 3