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HomeMy WebLinkAbout2010-11-16 PZC MINUTES• • • P~nnin g and Zoning Commi ss ion Study Ses sion or Public Hearing Case #2008-04 Land scape Am endments, #2009-04 Medical Marijuana Ordinance No ve mb er 16, 2010 Pa ge 1 of3 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING November 16, 2010 I. CALL TO ORDER [llJ The regular meeting of the City Planning and Zon in g Commission was ca ll ed to order at 7:01 p.m. in the City Council Conference Room of the Englewood Civ ic Center, Chair Knoth presid in g. Present: Absent: Staff: Bleile, Roth, King, Welker, Krieger, Knoth, Fish, Calonder Kinton (a ltern ate) Brick Alan White, Community Development Department Director Brook Bell , Planner II Audra Kirk, Planner I Nancy Reid, Assistant City Attorney II. APPROVAL OF MINUTES October 19, 2010 ~ Krieger moved: Bleile seconded: TO APPROVE THE OCTOBER 19, 2010 MINUTES Chair Knoth asked if there were any modifications or corrections. There were none . AYES: NAYS: ABSTA IN : ABSENT: Bleile, Roth, Krieger, Knoth, Fish, King, Calonder None Welker Brick Motion carried. 111. STUDY SESSION LANDSCAPE FEE-IN-LIEU lfll Mr. Bell stated back in August the Planning and Zoning Commission held a public hearing for the draft of the Landscape Ordinance and the Ordinance was forwarded to City Council with a favorab le recommendation. That Ordinance proposed changes to the landscape fee-in-li eu eli gibility requirements. City Counc il held a first reading on the • • • Pltnn ing an d Zoning Commi ss ion Stud y Sess ion or Pu bli c Hearin g Case #2 008-04 Land sca pe Ame ndment s, #2009-04 Medi cal Marijuana Ordinance Nove mb er 16, 2010 P age 2 of 3 proposed Landscape Ordinance on November 15 1h and set the public hearing for December 6, 2010. During previous landscape ordinance discussions the Commission discussed the fee-in -lieu amount, which has been set at $1 .50 per square foot since 2004. It is unclear as to how that figure was established. He stated Staff is reviewing all Community Development Department fees , including the landscape fee-in-lieu amount, and will be taking all fees back to City Council for them to be set by Resolution. Mr. Bell presented landscape cost data he obtained from RSMeans Cost Works, a leading provider of construction information throughout North America since 1942. The landscape cost data is regionally adjusted for the Denver Metro area and reflects non-union labor for the 3rd quarter of 2010. Only after it has been determined by the City that an alternative compliance plan is not practical or feasible a fee-in-lieu equivalent may be considered. Discussion on the fee-in-lieu amount ensued . The consensus of the Commission was to recommend City Council raise the fee-in-lieu to $3 .35 per square foot and to evaluate the numbers every three years using the same method Mr. Bell used . MEDICAL MARllUANA UPDATE [llJ Director White referenced the use chart on the wall that the Commission worked at filling in at a past study session . The Commission is struggling w ith trying to determine where grow operations and infused product manufacturing should be allowed and should they be Permitted Uses or Accessory Uses. Director White said staff contacted the gentleman at the State that helped the legislature write the legislation and asked him a series of questions, such as /1 can you grow plants in a center". The answer he provided to all questions was "the premises has to be separate and distinct and has to have a separate license attached to it". He said it appears the State is looking at it from a licensing standpoint rather than a zoning standpoint. As defined in the Statute, "Premises " means a distinct and definite location, which may include a building, a part of a building, a room or any other definite contiguous area . It appears medical marijuana centers, grow faci liti es and infused product manufacturers can operate in the same building. (Except optional premises grow faci liti es cannot sell medical marijuana grown on the premises, so a center cannot be accessory to an optiona l cultivation facility.) After discussion it was the consensus of the Commission to allow medical marijuana optional premises cultivation operations and medical marijuana infused products manufacturers as an Accessory Use in the M-1 , M-2, M-0-2, MU-B-1, and MU-B-2 zone districts, such uses being allowed only in conjunction with centers. The Commission discussed the possibility of limiting the size of centers in the business and industrial districts. Consensus was to limit centers plus any cultivation operations or infused product manufacturing to 5,000 square feet total in the business districts. The majority of Commissioners did not want to p lace a size limit in the industri al district. • • • Pfanning and Zoning Commission Study Session or Public Hearing Case #2008-04 Landscape Amendments , #2009 -04 Medical Marijuana Ordinance November 16 , 2010 Page 3 of 3 Mr. Welker asked Staff to provide the number and size of the liquor stores located 111 Englewood. Director White asked the Commission if they wanted to make any recommendations regarding spacing requirements. The Commission suggested that discussion take place at a later date. The medical marijuana discussion will continue at a later date. The process needs to be co mpleted by July of 2011. MEETING PROCEDURES ~ The Commission asked for several additions to the procedures. The procedures will be laminated and given to the Commissioners at each meeting for use as a reference guide. V. PUBLIC FORUM ~ Mr. Aubrey Allmond spoke regarding the medical marijuana amendments. The Commission thanked him for his comments. VI. DIRECTOR'S CHOICE ~ Director White passed along a comp lim ent from City Council thanking the Commission for their hard work on the landscaping regulations . He said they were very pleased with the product. Mr. Bleile said that is just as much of a testament to Mr. Brook Bell and his efforts and staff as a team as it is the Commissions. He thanked Director White. VII. STAFF'S CHOICE ~ Future meetings: December 7: December 21 : January 5: Annual wrap up meeting and goal setting for 2011 Meeting cancelled Tentative public hearing on Englewood Estates Planned Unit Development Amendment #1 Chair Knoth asked the Commission and staff what their thoughts were on adding a Youth Member to the Planning and Zoning Commission. They would not have voting rights. After discussion it was determined Staff will look into it further. VIII. A ITORNEY'S CHOICE ~ Ms. Reid had nothing furth e r to report. IX. COMMISSIONER'S CHOICE ~ The Commission had nothing further to report. The meeting adjourned at 8:45 p.m .