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Home My WebLink About2011-08-16 PZC MINUTES• • • Planning and Zoning Commission Public Hearing Case #2011-09 Hard Surfaces , Vehicle Weight Limit and Rear and Side Yard Access for Off-Road Vehicles and Trail ers Amendments August 16 , 2011 Page I of7 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING August 16, 2011 Minutes and audio are available at: http://www.englewoodgov.org/Index.aspx?page=l52 I . CALL TO ORDER ~ The regu lar meeting of the City Plan ning and Zo ni ng Comm iss ion was ca ll ed to orde r at 7:00 p .m . in the City Council Chambers of t h e Englewood Civic Center, Chair Knoth presid i ng. Present: Absent: Staff: Blei le, Roth, Knoth, Fish, Br ick, Ki nton Harbaugh (a lternate) Ca londer, Welker, King Alan White, Commu ni ty Development Director Tricia Langon, Se nio r Planner Nancy Reid, Assistant City Attorney Commander Gary Cond reay, Eng lewood Police Department II . APPROVAL OF MINUTES August 2, 2011 Ill) Fish moved: Roth seconded: TO APPROVE THE AUGUST 2, 2011 MINUTES Chair Knoth asked if there were any modifications or correct ions. There were none. AYES: NAYS: ABSTAIN: ABSENT: Blei le, Roth , Knoth, Fish, Brick None Kinton Calonder, Welker, King Motion carried. A PPROVAL OF FINDING S OF FACT Case #2011-07 Mailed Public Notice Amendments [I] Fish moved: • • • Planning and Zoning Commission Public Hearing Case #2011-09 Hard Surfaces, Vehicle Weight Limit and Re ar and Side Yard Access for Off-Ro ad Vehicles an d Trailers Amendments August 16 , 2011 P age 2 of 7 Roth seconded : TO APPROVE THE FINDINGS OF FACT FOR CASE #2011-07 Chair Knoth asked if there were any modifications or corrections. There were none. AYES: NAYS: ABSTAIN: ABSENT: Bleile, Roth , Knoth, Fish , Brick None Kinton Calonder, Welker, King Motion carried. Ill. PUBLIC HEARING CASE #2011-09 ltll Roth moved: Brick seconded: TO OPEN THE PUBLIC HEARING ON CASE #2011-09 AYES: NAYS: Roth , Knoth, Brick, Bleile, Fish, Kinton None ABSTAIN: None ABSENT: Calonder, Welker, King Motion carried. Ms. Langon, Senior Planner, was sworn in . She said typically the Commission would have a study session for Unified Development Code amendments. However, Council asked Staff to move these three amendments forward because they are going forward with three other Bills that are addressed in Titles 11 (P ubli c Ways and Property) and 15 (Hea lth, Sanitation, and Environmental Protection "Nuisance Code") on September 6, 2011. She noted the Commission's authority only extends to the 3 amendments to the Unified Development Code, but members could make comments on Titles 11 and 15, but they would have no recommendations within those Titles. All of the topics discussed tonight from the Unified Development Code perspective deal in some way with parking and storage of vehicles in residential neighborhoods. The proposed amendments to Title 16 : Unified Development Code will: 1. Provide consistency with other Titles, 2. Simplify enforcement, and 3. Assist Code Enforcement in their dealings with parking and stora ge issues . Conflicting hard surface standards occur in Titles 11 , 15 and 16 of the Englewood Municipal Code. Conflicting vehicle weight limits occur in Titles 11 and 16. • • • Planning and Zoning Commission Public Hearing Case #2011-09 Hard Surfaces , Vehicle Weight Limit and Rear and Side Yard Access for Off-Road Vehicles and Trailers Amendments August 16 , 2011 Page 3 of7 In 2008 the Commission reviewed proposed amendments to hard surface materials and vehicle weight and forwarded their recommendations to Council. Council held a public hearing and tabled the issue in early 2009. The amendments currently proposed are Council directives provided during the July 18, 2 011 study session based upon recommendations of the Code Enforcement Advisory Committee and from Community Development Staff. Commander Condreay was sworn in and provided testimony on vehicle weights. He provided a handout to the Commissioners describing various types of trucks, motor homes, campers, boats, trailers, etc. and their approximate weight. He stated the Department of Transportation uses weight as a guideline and the Code Enforcement Advisory Committee proposed raising the weight limit to 10,000 pounds to be consistent with State regulations. The proposed amendments contain a grandfather clause that will allow a gravel driveway or parking pad existing prior to a date to be determined to remain unless or until a site plan is required under 16-2 -9 (A) Englewood Municipal Code which affects the driveway or parking area. The proposed amendments also state the construction, re-installation , expansion, alteration, surfacing or resurfacing of a residential driveway or parking area will require a Site Plan Review and an Accessory Permit. Director White was sworn in. He provided clarification as to why Staff is recommending an Accessory Permit be required . There are properties within the City that do not have rear access and have only a 3 foot side setback making it not possible to park an Off-Road Vehicle in either place . Th e Code Enfor ce ment Advisory Committee proposes an exception to Title 15 allowing storage of Off-Road Vehicles and trailers in the front yard when there is not reasonable access to the side or rear ya rd. Administration of the review process and determination of reasonable access is fully within Title 15 . However, the Committee recommends an appeal process through the Board of Adjustment and Appeals, requiring an amendment to 16-2-1 :Cl b (l ). Community Developm e nt would process the application, schedule the hearing and publish the notice. It will be the responsibility of the Police Department, Code Division to prepare the staff report and present the case at the hearing Th e Commission took a short recess at 8:17. Th ey reco nven ed at 8:30 with all members previously in attendance. Ms . Langon said since the next Planning and Zoning meeting will not be held until September th and City Council will meet on September 6th she asked that the Commission approve tonight's Minutes and Findin gs of Fact by way of a telephone poll. • • • Pl ann ing and Z oning Co mmi ss ion Publi c Hearing Case #2011-09 Hard Surfaces , Vehicle Weight Limi t an d Rear an d Side Yard Access fo r Off-Ro ad Vehicl es an d Trai lers Amendm ents Au g ust 16, 2011 P age 4 of7 Commission discussion : • The Commission determined crushed hard rock (gravel) was not a suitable material for driveways or parking pads. Findings were consistent with the Commission's 2 008 proposed amendments to prohibit the use of crushed hard rock (gravel) as a hard surface material. • Discussion ensued regarding weight limits versus types or uses of vehicles. • The use of rec y cled asphalt for driv eways and parking pads was discussed and determined to not b e a suitable material. PUBLIC TESTIMONY ~ Mr. Lester Myers was sworn in and commented on the proposed Vehicle Weight Limit and Hard Surface amendments. ~ Fish moved: Brick seconded: TO CLOSE THE PUBLIC HEARING ON CASE #2 011-09 AYES: NAYS: ABSTAIN : ABSENT: Roth , Knoth, Brick, Bleile, Fish , Kinton None None Calonder, Welker, King Motion carri ed. ~ Vehicle Weight Limit Roth moved: Fish seconded : CASE #2011 -09 . VEHICLE WEIGHT LIMIT AMENDMENTS TO TITLE 16 : UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. ~ AYES : NAYS : A BSTAIN: A BSENT : Roth , Knoth , Fish , Brick, Kinton Bleile Non e Calonder, Welk er, Kin g • • • Planning and Zoning Commission Public Hearing Case #2011 -09 Hard Surfaces , Vehicle Weight Limit and Rear an d Side Yard Access for Off-Road Vehicles and Trailers Amendments August 16, 201 1 Page 5 of7 Motion carried. ~ Hard Surfaces Knoth moved : Brick seconded: CASE #2011-09. HARD SURFACE AMENDMENTS TO TITLE 16 : UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION WITH THE FOLLOWING CHANGES: In 16-6-4 :0 , 16-6-10 :B5d(4 ) and 16-11-2:B : 1. Remove "o r crushed hard rock of a minimum depth of three and a half inches (31/2") placed over an appropriate road base. If crushed hard rock is used , an adequate weed barrier is required. Crushed hard rock shall have a nominal gradation of three-quarters inches (3 /4") (100% passing through a 1" screen and less than 10% passing through a 112" screen ). " and 2. The last sentence shall read "River cobble, lava rock, crushed hard rock, crushed shale, recycled concrete or asphalt or other similar material shall not be used." Mr. Bleile asked Mr. Knoth if he would entertain a Friendl y Amendment to allow the use of recycled asphalt. Chair Knoth stated he would not. [fl] AYES: NAYS: ABSTAIN: ABSENT: Roth, Knoth, Brick, Kinton Fish, Bleile None Calonder, Welker, King Motion ca rried . ~ Rear and Side Yard Access for Off-Road Vehicles and Trailers Roth moved: Fish seconded: CASE #201 1-0 9. REAR AND SIDE YA RD ACCESS FOR OFF-ROAD VEH ICL ES AND TRAILERS AMENDMENTS TO TITLE 16: UNIFIED • • • Planning and Zonin g Commission Public Hearing Case #20I I-09 Hard Surfaces , Vehicle Weight Limit and Rear and Side Yard Access for Off-Road Vehicles and Trailers Amendments August I 6 , 20 I I Page 6 of7 ~ AYES: NAYS: ABSTAIN: ABSENT: DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. Bleile, Roth, Knoth, Fish , Brick, Kinton None None Calonder, Welker, King Motion carried . IV. PUBLIC FORUM [?] There was no public comment. V. DIRECTOR'S CHOICE ~ Director White had nothing further to report. VI. STAFF'S CHOICE [?] Ms. Langon updated the Commission on future meetings: September 7: John Voboril will update the Commission on the Bike Plan and Complete Streets projects September 20: To be determined Ms . Langon stated she would be out of the office from August 25th until October 10th. VII. A TIORNEY'S CHOICE ~ Ms. Reid had nothing further to report. VIII. COMMISSIONER'S CHOICE lllJ Mr. Brick thanked Mr. Bleile for his discussion points tonight. He said he believes there is a timetable that City Council wants to meet and they asked the entire organization to meet that timetable . Mr. Bleile said it was a great discussion tonight. He said he is not disgruntled with anybody on the Board. The process overall has been poorly calendared . He stated he is certainly not faulting Community D eve lopment; everyone in that department works extremely hard, more than anyone ever gives th em credit for. They do a great job of making the Board 's life • • • Planning and Zoning Commission Public Hearing Case #2 011-09 Hard Sw-faces, Vehicle Weight Limit and Rear and Side Yard Access for Off-Road Vehicles and Trailers Amen dments August 16, 2011 Page 7 of 7 easier. This issue deserved some time to discuss and is disappointed as a group we did not take the time. The Board affects people's lives with our decisions and he said he tries to take that very personall y and with a high degree of responsibility . He stated he felt the Board went the wrong way on this issu e. He stated he was very disgusted with the process. Mr. Roth stated he agreed and would have liked to have had study session time on this issue also, but also understands City Council wants to get something reasonable in place . Mr. Kinton said he agreed with Mr. Bleile 's statements and the Board should not have been put in this position. Mr . Fish thanked Staff for putting together a good report in a very short time. It made it a lot less difficult than it could hav e been. · Chair Knoth congratulated Mr . Kinton on his first public hearing . He also echoed Mr . Bleile 's comments on having so little time to study the issue. He stated he hopes City Council will take that into account next time. The meeting adjourned at 9:35 p.m . Barbara Krecklow, ecording Secretary • • • The recording secretary conducted a poll of 9 Planning and Zoning Commission members via email for the approval of the August 16, 2011 Minutes and the Findings of Fact in Case #2011-09, Hard Surfaces, Vehicle Weight Limit and Rear and Side Yard Access for Off-Road Vehicles and Trailers Amendments. The August 16, 2011 Minutes were approved. AYES: NAYES: ABSENT : ABSTAIN: Roth, Bleile, Brick, Knoth, Fish, Kinton None None Welker, King, Calonder The Findings of Fact in Case #2011-09, Hard Surfaces, Vehicle Weight Limit and Rear and Side Yard Access for Off-Road Vehicles and Trailers Amendments were approved. AYES: NAYES: ABSENT: ABSTAIN: Roth, Bleile, Brick, Knoth, Fish, Kinton None None Welker, King Calonder ...,