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HomeMy WebLinkAbout2010-04-06 PZC MINUTES" • • • Planning and Zoning Commission Public Heming Case #2010-03 Buy-back, Second-hand, Thrift and Consignment Uses in MU-B-1 Study Session : Case #2009-05 Sign Code Amendments April 6 , 2010 Page 1of5 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 6, 2010 I. CALL TO ORDER ~ The regular meeting of the City Plann i ng and Zoning Commission was ca ll ed to order at 7:17 p .m. in the Counci l Chambers of the Eng l ewood C iv ic Center, Chair Knoth pres i ding. Present: Blei le, Roth, King, We lker, Krieger, Knoth, Fish, Brick, Calonder Absent: Kinton (a lternate) Staff: Alan White, Community Developme nt D irec t or Tricia Langon, Senior Planner Nancy Reid, Assistant City Attorney II. APPROVAL OF MINUTES March 16, 2010 ~ Krieger moved: Fish seconded: TO APPROVE THE MARCH 16, 2010 MINUTES Chair Knoth asked if there were any modifications or cor rections. There were none. AYES: NAYS: Blei le, Roth, Welker, Kr ieger, Knoth, Fish, Kin g, Bri~k, Ca londer None ABSTA IN: None ABSENT: None Motion carr ied. 111. PUBLIC HEARING ltlJ Case #2010-0 3 : Unified Development Code Amendments Permittin g Bu y- ba ck , Second-h a nd , Thrift a nd Con signment Uses in the MU-B-1 Zone District. Krieger moved: Roth seco n ded: THE PUBLIC HEAR ING ON CASE#2010-03 BE OPENED • • • Plannin g and Zonin g Commi ssi on Publi c Hearin g Case #2010-03 Buy-back, Second-hand, Thrift and Con signment Uses in MU-B-1 St udy Ses sion: Case #2009-05 Si gn Cod e Amendments April 6 , 2010 Page 2 o f 5 AYES: NAYS: ABSTAIN: ABSENT : Bleile, Roth, Welker, Krieger, Knoth, Fish , King, Brick, Calonder None None None Motion carried. [!] Ms . Langon , Senior Plann e r, was sworn in . She stated for the Commission 's consideration tonight is cas e #2010-03 , Amendments to the Unified Development Code of the Englewood Municipal Code regarding Buy-back, Second-hand, Thrift and Consi gnment uses in th e MU-B-1 zone district. She stated she has already submitted for the record the staff report and proof of publication that notice of the public hearing was publish e d in the Englewood Herald on March 19, 2010 and was on the City's website from March 11 through April 6, 2010. Community Development is requesting that the Commission review the proposed Ordinance, take public testimony and forward to City Council a recommendation for approval of the proposed Amendments. This issue came befor e the Community Development Department at the request of a citizen for consignment shop use in the MU-B-1 downtown central business district. Per Table 16-5-1.1: Table of Allowe d Uses in the Unified Development Code that us e is not permitted within the MU-B-1 zone district. City Council directed the issue be forwarded to the Planning and Zoning Commission for review. Director White brought the issue forth on February 27, 2010 . The Commission asked for options and possible means of addr essing the issue . On March 2, 2010 Staff presented four options to the Commission. After discussion the Commission chose the single step approach option of allowing all uses in the MU-B-1 zone district. The Commission directed Staff to prepare draft amendments. Ms. Langon reviewed thos e draft amendments with the Commission. She noted th e amendments do not include th e sale of second-hand motor vehicles, parts or accessories, scrap or waste. Ms . Langon offered to answer an y questions the Commission might have . She cautioned the Commission that if there are an y modifications to what Staff has prepared based on past discussions, additional amendments may be required. Mr. Fish asked about non-conforming uses in the zone district. Ms. Langon stated there is one existing non-conforming use of this type in the MU-B-1 zone district that has be en in operation for clos e to forty y ears. l?lJ Joann Fetters was sworn in . She stated she is one of the owners of the buildin g at 343 1 and 3435 S Broadway. She said when the 3431 space became available th e owners decided to put their own business into the space and found The Yellow Ros e franchis e to be an excellent choice. She said we understand amending the classifications is a pro c ess and thanked the Commission for their time and effort toward this change . • • • Planning and Zonin g Commi ssion Public Hearing Case #2010-03 Buy-b ac k, Second-hand , Tlu·ift and Con signment Us es in MU-B-1 Study Session : Case #2009-05 Si gn Cod e Am en dm e nt s April 6 , 2010 P ag e 3 of 5 lllJ Susie Fetters was sworn in. She stated she is also a part owner of the Oddfellows building and the building just south of it. She said she very much supports the change. lllJ Bob Fetters was sworn in. He also stated he supports the change. lllJ Kathy Woodley was sworn in. She stated she has lived in E;1glewood for over 20 years and feels allowing the change in the zoning rules would do nothing but benefit South Broadway. In allowing this, South Broadway wi ll be able to gain a new business, The Yellow Rose . . l!lJ Michael Ribley was sworn in. He stated more foot traffic 1s needed 111 downtown Eng lewood and is in favor of the zoning change. Chair Knoth asked if anyone else would like to speak. There was no one. Bleile moved: Fish seconded: THE PUBLIC HEARING ON CASE #2010-03 BE CLOSED AYES : NAYS: Bleile, Brick, Knoth, Roth , Welker, King, Krieger, Calonder, Fish None ABSTAIN: None ABSENT: None Motion carried. fl] Fish moved: Krieger seconded : CASE #2 010-03, AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE RELATED TO BUY-BACK, SECOND-HAND, THRIFT A N D CONSIGN MENT USES IN THE MU-B-1 ZON E DISTRICT, BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. Chair Knoth asked if there were any comments. lllJ Mr. Roth stated he believes the thrift store use could b ecome too much for the downtown MU-B-1 area. He stated he would lik e to make an amendment to the motion . .. • • • Planning and Zoning Commission Public Hearing Case #2 010-03 Bu y-back, Second-hand , Thrift and Consignment Uses in MU-B-1 Study Session: Case #2009-05 Sign Co de Amendments April 6, 2010 Page 4 of 5 Roth moved: TO LIMIT THE SIZE OF BUY-BACK, SECOND-HAND, THRIFT AND CONSIGNMENT USES IN THE MU-B-1 ZONE DISTRICT TO 10,000 SQUARE FEET. Mr. Fish stated he was not willing to accept the friendly amendment until he fully understood what Mr. Roth was presenting. After discussion . he declined to accept the friendly amendment. Mr. Brick offered a friendly amendment. Brick moved: Bleile seconded: TO EXCLUDE THRIFT STORES FROM THE MU-B-1 ZONE DISTRICT. Chair Knoth asked for a vote on Mr. Brick's friendly amendment. AYES: NAYS: ABSTAIN: ABSENT : Motion failed. Bleile, Brick, Roth Fish, Welker, Krieger, Calonder, King, Knoth None None Chair Knoth called for a vote on the original motion. Mr. Brick said although he supports The Yellow Rose , he voted no because under Roadmap Englewood : 2003 Englewood Comprehensive Plan Objective 1-3 , create a balanced mix of businesses that complement each other, he doesn 't believe the overall mix being proposed is a complement to the area. Ms. Krieger said she voted yes for exactly the opposite reason Mr. Brick gave. She sees Objective 1-3 as saying we should promote a mix of businesses. Mr. Roth voted yes because Objective 1-2 of Roadmap Englewood 2003: Englewood Comprehensive Plan states , actively engage in attracting new businesses to the City applies as well as Objective 1-3 . AYES: NAYS: ABSTAIN: ABSENT: Bleile, Knoth, Roth, Welker, King, Calonder, Krieger, Fish Brick None None Motion carried. • • • Plannin g and Zoning Commiss ion Public Hearin g Case #2 010-03 Buy-back, Second-hand, Thrift and Con signment Uses in MU-B-1 Study Sess ion: Case #2009-05 Sign Code Amen dments Apri l 6, 2010 Page 5 of 5 IV. LEGAL ISSUES DISCUSSION RELATING TO SIGN CODE AMENDMENTS ~ Ms. Langon and Ms. Reid discussed legal issues related to amendments to the sign c ode. Signs are a form of commun ication and they are protected under th e First Amendment. Ms. Langon stated the issues were brought forth tonight to make the Commission aware of them. Further discussion regarding the sign code amendments wi ll co ntinu e at a future stud y session. V. PUBLIC FORUM ~ No one wished to speak. VI. DIRECTOR'S CHOICE [!lJ Direc tor White had nothing furth er to report. VII. STAFF'S CHOICE ~ Upcoming meetin gs: April 20: Sign Code and Landscape Amendments May 4 : Sign Code Amendments (Tentat iv e) VIII. ATTORNEY'S CHOICE I@ Ms. Reid had nothing further to report. IX. COMMISSIONER'S CHOICE ~ Mr. Calonder stated he wou ld be absent for several meetings between now and th e end of summer. He apo lo gized to the Commission. Mr. Fish thanked his fellow Commissioners for all they bring forward. The m ee ting adjourned at 8:48 p.m .