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Home My WebLink About2014-03-18 PZC MINUTES• • • l?] CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING City Council Chambers -Englewood Civic Center March 18, 2014 I. CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p.m. in the City Council Chambers of the Englewood Civic Center, Chair Fish presiding. Pres e nt: Absent: Staff: ltJ Bleile, Brick, Fish , Freemire , Kinton, Knoth , Roth, Townley, Madrid (alternate) King (Excused) Chris Neubecker, Senior Planner Brook Bell, Planner II Nancy Reid, Assistant City Attorney II. APPROVAL OF MINUTES March 4 , 2014 Roth moved ; Knoth seconded: TO APPROVE THE MARCH 4, 2014 MINUTES Chair Fish asked if there were any modifications or corrections. There were none. AYES: NAYS: ABSTAIN: ABSENT: Brick, Freemire, Kinton, Knoth , Roth , Townley, Chair Fish None Bleile King Motion passes. ltJ Ill. FINDINGS OF FACT CASE #2013-06 NONCONFORMING STRUCTURES Roth moved; Knoth seconded: TO APPROVE FINDINGS OF FACT FOR CASE #2013-06 NONCONFORMING STRUCTURES AYES: NAYS: Brick, Freemire, Kinton , Knoth, Roth , Townley, Chair Fish None Page 1 of 6 • • ABSTAIN: Bleile ABSENT: King Motion passes. ltl1 IV. FINDINGS OF FACT CASE #2013-09 SITE IMPROVEMENT PLAN REVIEW Roth moved; Brick seconded: TO APPROVE FINDINGS OF FACT FOR CASE #2013-09 SITE IMPROVEMENT PLAN REVIEW AYES: NAYS: ABSTAIN: ABSENT: Brick, Freemire, Kinton, Knoth, Roth, Townley, Chair Fish None Bleile King Motion passes. ltl1 Ill. PUBLIC HEARING CASE #2013-02 SMALL LOT DEVELOPMENT STANDARDS (Continued) Continuation of Public Hearing from March 4, 2014 . Bleile moved; Freemire seconded: TO RE-OPEN PUBLIC HEARING CASE #2013-02 AMENDMENTS TO SMALL LOT DEVELOPMENT STANDARDS AYES: NAYS: ABSTAIN: ABSENT: Brick, Freemire, Kinton , Knoth, Roth , Townley, Bleile, Chair Fish None None King Motion passes. ~ Discussion Ms. Townley asked Ms. Reid for clarification of "a rbitrary and capricious". Ms. Reid explained that if the evidence and the ruling are examined and it appears to the appellate body that the board did not have evidence to make a decision or made a decision contrary to the evidence, it would be considered a capricious action. ltl1 Mr. Neubecker asked Chair Fish to recognize on the record that someone had signed up to speak to the commission during public comment, but did not present themselves during the public hearing. • Bleile moved; Page 2 of 6 • • • Knoth seconded: TO CLOSE THE PUBLIC HEARING FOR CASE #2013-02 AMENDMENTS TO SMALL LOT DEVELOPMENT STANDARDS AYES: NAYS: Bleile, Brick, Freemire, Kinton, Knoth, Roth, Townley, Chair Fish None ABSTAIN: None ABSENT: King ~ Mr. Roth moved; Knoth seconded: TO APPROVE CASE #2013-02 AMENDMENTS TO SMALL LOT DEVELOPMENT STANDARDS AS WRITTEN Discussion: ~ Mr. Bleile asked if there was discussion to change the proposed amendment in order to name City Council as arbiter of appeals rather than the court. Chair Fish recapped the previous study session and subsequent Public Hearing, in which such discussion happened. l?l) Mr. Freemire stated that one amendment was proposed to change the process to include appeals to decisions of the Commission to City Council, as opposed to the court as recommended by the City Attorney. He requested a Friendly Amendment to the motion to remove District Court as arbiter of appeals and add City Counci I. l?1) Mr. Roth declined the Friendly Amendment stating that his opinion was to send the case to City Council as written, and let them decide if they want to be responsible for appeals. ~ Freemire moved ; Brick seconded: ~ Discussion: l?1) TO AMEND THE MOTION TO ALLOW FOR APPEALS TO DECISIONS BY THE PLANNING AND ZONING COMMISSION TO GO TO THE CITY COUNCIL IN THE MATTER OF SMALL LOT DEVELOPMENT STANDARDS. Mr. Knoth -It is appropriate for an appeal to go to City Council to avoid incurring legal expenses for an applicant. ~ Mr. Brick -There will not be many appeals and agreed with Mr. Freemire that citizens should have the opportunity to appeal to City Council. ltll Mr. Roth -It was noted by staff that there are 45 properties in the City that wou Id potentially make use of this process, 31 of which are attached town homes and the remaining 14 properties are not likely to be developed. l?1) Page 3 of 6 • • • Mr. Fish -Per the City Attorney 's office, this potential appeal situation is similar to the variance process and the precedent of sending appeals to the Board of Adjustment and Appeals rather than the court; that precedent provides justification for sending appeals to the City Council for resolution. !?ll Mr. Freemire -1) Cited Colorado law with regard to the right of a citizen to appeal to the governing body; 2) by law, we are to begin with local officials and work up through the system to resolve appeals; and 3) we can never prohibit citizens from presenting their case to an elected or appointed official. ~ Vote: TO AMEND THE MOTION TO ALLOW FOR APPEALS TO DECISIONS OF THE AYES: NAYS: ABSTAIN: ABSENT: PLANNING AND ZONING COMMISSION TO GO TO THE CITY COUNCIL IN THE MATTER OF SMALL LOT DEVELOPMENT STANDARDS. Bleile, Brick, Fre e mire, Kinton, Knoth , Townley, Chair Fish Roth None King Motion passes . Motion: TO APPROVE CASE #2013-02 AMENDMENTS TO SMALL LOT DEVELOPMENT STANDARDS AS RECOMMENDED BY STAFF WITH THE PROVISION THAT APPEALS WILL BE ARBITRATED BY CITY COUNCIL. AYES: NAYS : ABSTAIN: ABSENT: ~ Bleile, Brick, Freemire, Kinton , Knoth, Townley, Roth, Chair Fish None None King Brick -This amendment will provide opportunities for residents to be current and creative with their properties without causing harm or offense to other residents. Bleile -There has been much discussion regarding this topic and Mr. Freemire has added to the discussion with his professionalism and insight. Agrees with changing 11 District Court" to "City Council." Brick -The text amendment promotes the general welfare of the community to improve properties. Freemire -This is good for the community. It grants equal rights to property own e rs (to appeal to elected officials) regardless of property size. Kinton -Anything that can be done at the local level rather than through the courts is beneficial to the citizens of the community. Knoth -The Commission has been fixing holes in the code and processes and this amendment can help pull those properties that may have had issues back into the code . Page 4 of 6 • • • Roth -Feels that this is a good fix to the code as this issue has a long history. Ten years ago we had a discussion on this same topic that some properties do not meet all the parameters of the code. This fixes that problem. Townley -This amendment will help support property owners who want to make improvements. Chair Fish -Agrees with other Commission member that this is a needed "fix" to the code that was previously omitted. The additions by the Attorney's office strengthen the code by adding additional conditions. There is not a compelling reason to alter the traditional appeal process. The subsequent decision by the Commission to have appeals go to City Council is the correct decision. ltlJ IV. STUDY SESSION -Policy on Code Amendments Chris Neubecker, Senior Planner, explained the necessity to administratively make changes to the UDC when an ordinance is adopted. Other elements in the code sometimes refer to an amended section and will also require updating. To date, staff has not brought all of the changes to the Commission in the interest of time and effort. ltlJ Bleile -Asked for clarification on what the Commissioners will receive to review the additional changes to the UDC. Mr. Neubecker responded that as proposed, they would not receive the text changes to other parts of the U DC, but wou Id receive the "meat and potatoes", the significant proposed changes. l?lJ Ms. Reid explained the process for correcting the code and that the intention is to make the code as consistent as possible. Mr. Knoth expressed that he would like to see all of the changes. A synopsis of the changes can be supplied to the Commission . ~ Mr. Freemire suggested that a way to address the process would be to supply the commission with an outline of all the changes and supply city council with an ordinance once a year to "cleanup." l?] The consensus of the Commission is to accept Staff recommendations and at the next public hearing, take a vote to adopt the procedural change. ltlJ V. PUBLIC FORUM No Public was present to address the commission ltlJ VI. ATIORNEY'S CHOICE Ms. Reid did not have any further topics for discussion . ~ VII. STAFF'S CHOICE Mr. Neubecker -Councilmember Wilson has requested that staff meet with homebuilders in Englewood to share feedback on the development codes and processes. The informal meeting will be held at Civic Center on April 2n ° . Pag e 5 of 6 • ~ VIII. COMMISSIONER'S CHOICE The next meeting will be April 8, 2014 , provided there are items for the agenda. Meeting adjourned at 8:00 p.m Is l lulie Bailey Recording Secretary • • Pag e 6 o f 6