HomeMy WebLinkAbout1988-12-13 PZC MINUTES•
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I.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
December 13, 1988
CALL TO ORDER.
D R A F T
The regular meeting of the City Planning and Zoning Commission was called to
order by Chairman Doyet Barbre at 7:00 P.M.
Members present: Fish, Such, Tobin, Volkema, Carson, Barbre, Draper
Wanush, Ex-officio
Members absent: Schultz
Also present: Assistant Director of Community Development D. A. Romans
Senior Planner Susan Hirsch
Assistant City Attorney Dan Brotzman
Mr. Barbre outlined the procedure to be followed during the course of the
meeting, and stated that the Commission is authorized to function as the fact
finding hearing agency on all rezoning and subdivision applications; to make
written findings and recommendations to the City Council regarding a Planned
Development District; approval of conditional uses; approval of adaptive reuse
of historical buildings, and other similar matters relating to land use in the
City of Englewood.
II. APPROVAL OF MINUTES
December 6, 1988
Mr. Barbre stated that the Minutes of December 6, 1988 were to be considered
for approval.
Draper moved:
Carson seconded: The Minutes of December 6, 1988 be approved as written.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Such, Tobin,
None
Schultz
None
Volkema, Barbre, Carson, Draper, Fish
The motion carried.
III. FINDINGS OF FACT
90 West Belleview
CASE #17-88
Chairman Barbre stated that the Findings of Fact for Case #17-88, a proposed
car wash at 90 West Belleview Avenue, are to be considered for approval .
Fish moved:
Such seconded: The Findings of Fact for Case #17-88, a car wash to be lo-
cated at 90 West Belleview Avenue, be approved as written.
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AYES:
NAYS:
ABSENT:
ABSTAIN:
Such, Tobin,
None
Schultz
None
Volkema, Barbre, Carson, Draper, Fish
The motion carried.
IV. SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT
VACATION OF S. 366.10' OF 3400 BLOCK SOUTH PENN.
VACATION OF N. 375' OF 3400 S. PENN/S. LOGAN ALLEY
CASE #14-88
CASE #18-88
CASE #19-88
Mr. Barbre stated that the Public Hearing on the Planned Development submitted
by Swedish Medical Center had been opened on November 15, 1988, and continued
to this date. Mr. Barbre outlined the procedure that is followed during ad-
ministrative hearings. Mr. Barbre noted that while only Case #14-88 is an
actual Public Hearing, the requested vacation issues are interrelated to the
overall development plan submitted by the applicant, and will be considered at
the same time. Separate decisions will be required on each request, however.
Mr. Volkema stated that he is President of the Swedish Corona Cooperative, but
there is no affiliation between the Swedish Corona Cooperative and the Swedish
Medical Center. Therefore, he is of the opinion that there will be no con-
flict on his part in hearing and voting on matters before the Commission sub-
mitted by the Swedish Medical Center.
Mr. Barbre asked if there was verification of the Posting by the applicant.
Ms. Susan Hirsch was sworn in, and testified that correct and accurate posting
of the property in seven locations 15 days prior to the date of this meeting
has been verified.
Ms. Hirsch testified that the Planned Development submitted by Swedish Medical
Center (SMC) is a voluntary submittal in compliance with a request by staff.
The plans depict the eventual total development of the Medical Campus as
visualized by SMC personnel. There are three facets of the Development Plan
which are proposed for imminent development, these being the Medical Office
Building II (MOB II), the parking structure on the west wide of the campus,
and the expansion of the hospital facility itself to the west for the ICU
center.
The parking structure will ultimately contain in excess of 600 parking spaces;
at the present time only 300 spaces are proposed.
The Planned Development is consistent with the 1979 Comprehensive Plan. The
Plan does address the area around the medical campus, particularly those areas
to the south between Hampden and U.S. 285; to the west; and to the east.
Ms. Hirsch discussed the proposed right-of-way vacations of South Pennsylvania
Street and of the South Pennsylvania/South Logan alley in the 3400 block
south. Ms. Hirsch stated that a cul-de-sac will be constructed on South Penn-
sylvania Street in the 3400 block to provide vehicular access to the property
owned by Mr. and Mrs. Dunn, and to provide access for motorists using the
parking structure. The vacation of the north 375 feet of right-of-way in the
alley will not affect the Dunn property, because there is no direct access to
the alley from their property due to topography. The south portion of the
alley will remain open, and an access route from South Logan Street to connect
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with the alley will be dedicated by SMC. This access route from South Logan
Street will also provide access to motorists accessing the southern part of
the parking structure. The vacations will provide for sufficient internal
circulation for vehicular and pedestrian traffic.
Ms. Hirsch stated that all three issues before the Commission tonight have
been considered by the Technical Review Committee. Members of this Committee
have requested that easements be retained for utilities and drainage in the
3400 block of South Pennsylvania Street. The applicant has submitted legal
descriptions for the areas to be vacated and the easements to be retained.
Ms. Hirsch stated that the applicant has agreed to upgrade the signalization
on South Logan Street at East Girard Avenue and at East Hampden Avenue. While
the through traffic presently using the 3400 block of South Pennsylvania
Street is minimal, the closure of this street to through traffic will have an
impact on the adjacent streets, and the upgrading of the signalization is an
effort to minimize that impact.
Ms. Hirsch stated that 25% of the area is required to be landscaped, but SMC
will be landscaping 30% of the area, ---all in living material.
Ms. Hirsch addressed some variations in setbacks that are proposed under the
Planned Development.
Ms. Hirsch asked that the Staff Reports for Case #14-88, Case #18-88, and Case
#19-88 be entered into the record of this Hearing.
Mr. Fish stated that while the setback for a three-story structure is 15 feet,
the setback for a six-story structure would be 25 feet. Ms. Hirsch agreed.
Mr. Fish asked how it was determined that the traffic using the alley and
South Pennsylvania is minimal. Ms. Hirsch stated that traffic studies have
been submitted by the applicant, and verification has been made by the City
Traffic Engineer.
Mr. Fish asked about the setback variation on the development adjacent to the
property owned by Mr. and Mrs. Dunn. Ms. Hirsch stated that the request is
for a 3 foot setback rather than the required 15 foot setback.
Mr. Fish stated that the overall plat shows a number of other structures, but
as he understood the request before the Commission, it is only for the MOB II,
the parking structure, and the addition to the hospital on the west; is this
correct. Ms. Hirsch stated that it is correct. The total overall plan was
presented to give the Commission an idea of future expansion and development.
Mr. Barbre asked if there were other questions of the staff. No further ques-
tions were posed to the staff.
Mr. Barbre asked the applicant to make their presentation.
Mr. Nick Roccaforte was sworn in, and testified that he is the Vice President
of Swedish Medical Center for development. Mr. Roccaforte stated that SMC is
a 328 bed community hospital, and that a large number of employees at SMC are
residents of the City of Englewood . Mr. Roccaforte expressed the appreciation
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of the Swedish Medical Center personnel for being allowed to participate in
the planning process for the development of the medical campus .
Mr. Roccaforte presented a slide show, indicating the three areas of imminent
development: The Medical Office Building II, which will be five stories in
height, and office approximately 40 physicians; the neuro-sensory center will
also be quartered in MOB II; the parking structure, which will initially be
three and one-half stories and contain 312 parking spaces; and the addition to
the hospital itself on the west side for the ICU center.
Mr. Roccaforte cited reasons to request the vacation of the South Logan/South
Pennsylvania alley, these reasons being: (1) the importance of providing a
protected pedestrian/patient walkway from the parking building to the hospital
structure itself; (2) the provision of a southern entrance to the parking
structure and the dock/loading area of the hospital itself which will be ser-
viced from this point of access; (3) access from the north to the parking
structure and the surface parking areas in existence.
Mr. Roccaforte stated that they will make every effort to preserve some of the
"historical" trees in the area, and indicated areas that will be landscaped in
conjunction with the development plan.
Mr. Roccaforte stated that the addition proposed to the hospital itself will
be an expansion of the Intensive Care Unit. The present ICU was constructed
in the early 1970's, and needs to be upgraded and modernized. Mr. Roccaforte
emphasized that the ICU needs to be located in this proposed area because of
internal adjacencies to support units in the hospital .
Mr. Roccaforte addressed the vacation of South Pennsylvania Street, citing
three reasons for this request: (1) architectural constraints in the addition
to the hospital; (2) protected pedestrian access from the parking structure to
the hospital itself; (3) the loading dock service is on the west side of the
structure. At the present time, Mr. Roccaforte stated that the delivery
trucks have to back in from South Pennsylvania Street, which is not a safe
practice. This will bring the delivery trucks in from South Logan Street, and
provide maneuvering space free from through traffic.
Swedish Medical Center will develop a cul de sac on South Pennsylvania Street
which will serve the Dunn properties on South Pennsylvania Street. SMC will
maintain the portion of the street that is not vacated, such maintenance to
include snow removal, lighting, repair of pot holes, etc.
Mr. Roccaforte stated that he would like to introduce several people from SMC
who would like to address the Commission.
Mr. Fish asked if the six story parking structure is a certainty. Mr. Roc-
caforte stated that they are asking for approval of the 600 space parking
structure, but are now planning to build only three levels with 315 parking
spaces. Mr. Roccaforte stated that the 600 parking space structure is contin-
gent on other development which is probably five years in the future.
Mr. Draper asked if the property north of Mrs. Dunn's property on the east
side of South Pennsylvania Street will be developed in the near future. Mr .
Roccaforte stated that it is part of the Planned Development, and indicated
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the portion that is proposed for development; the total site may not be devel-
oped immediately. They do need a corridor for emergency access to the inten-
sive care area.
Mr. Roccaforte stated that Ms. Mary Smith, Ms. Vonnie Molgaard, Mr. Harris
Cohn, Dr. Bob Gillespie, and Mr. Nick Hilger would be addressing the
Commission.
Ms. Mary Smith was sworn in, and testified that she has been employed by
Swedish Medical Center for 10 years, 5.5 years of that time in the intensive
care unit. She stated that she is now the critical care educator. The ICU
has 26 bed capacity now, only 12 of which are private beds. However, the
rooms for the private beds are too small; there is no privacy for the remain-
ing 14 beds. State-of-the-art medical equipment dictates larger rooms, and a
modernization of the entire ICU. Renovation of the existing facilities was
considered, but to reach the minimum room size needed, the number of beds
would be reduced. The ICU needs to be on the same floor with the support ser-
vices needed by ICU patients, such as X-ray, and labs. Ms. Smith stated that
they want to improve the care for ICU patients, and urged approval of the
development plans.
Ms. Vonnie Molgaard was sworn in, and testified that she is the director of
radiology at SMC. She stated that she is a 28 year employee of the Hospital.
Ms. Molgaard stated that hospitals are now seeing more critically ill patients
and need modern facilities to care for these people. Additional parking
facilities are needed for the hospital staff and physicians, as well as the
visitor and out-patients who frequent the hospital .
Mr. Harris Cohn was sworn in, and testified that he is Chairman of the Board
of Swedish Medical Center. There are 19 members on the Medical Center Board,
and 18 members on the Swedish Foundation Board. These boards are composed of
citizens --doctors, lawyers, housewives, etc. --who give of their time to
the hospital, and believe in a "community'' hospital. This hospital is not
owned or controlled by a "chain" of hospitals, or subject to governing from a
body in another state. This is a community -owned hospital, and they are
responsible to the community. Mr. Cohn stated that the staff of SMC was asked
to look at the facilities and determine where the improvements were needed.
The Intensive Care Unit was an area in great need of improvement and
modernization.
Dr. Robert Gillespie was sworn in, and testified that he is a physician, and
is on the Board of Directors of SMC. For the last three years, there has been
discussion regarding the upgrading of the ICU. Dr. Gillespie stated that over
2,000 patients were treated in the ICU last year, and ranged in age from 18
months to 97 years old. The average was 60 years; the longest stay was 108
days in ICU, and the average stay in ICU is 3.3 days. Dr. Gillespie stated
that 12 beds are "private''; however the rooms are approximately 100 square
feet and the ideal space would be 250 square feet to accommodate the equipment
needed for ICU patients. The remaining beds which are not private are only
separated by curtains; there is no privacy for these patients or their fami-
lies, and patients do not receive the quiet and rest that is needed in the
ICU. Dr. Gillespie pointed out that the isolation required in treating pa-
tients with AIDS cannot be carried out with the present ICU facilities. Dr .
Gillespie stated that Swedish Medical Center is now part of the trauma facili-
ties in the Denver Metro Area, and that 26 ICU beds will not be sufficient to
care for trauma patients that are brought in in addition to the patients in
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ICU for other reasons. Dr. Gillespie addressed the need for a catherization
laboratory in conjunction with the coronary care unit, and the need to upgrade
the monitoring system. Dr. Gillespie stated that the protected pedestrian
access from the parking structures to the hospital is important, and cited the
unsafe conditions experienced by persons parking in the parking structure
south of East Hampden Avenue who must cross the street at-grade.
Mr. Nick Hilger was sworn in, and testified that he is President and CEO of
the SMC. Mr. Hilger stated that all of the expansion proposed on the south-
west part of the hospital will be ICU related; a small part will be the
catherization laboratory for the coronary care unit. Mr. Hilger stated that
SMC is trying to be good citizens of Englewood. This planning process was
begun last March, and hospital personnel are trying to do what is required of
them to make this a first class medical institution.
Mr. Barbre asked if there were further questions from the Commission. No fur-
ther questions were asked. Mr. Barbre then asked if anyone else in the au-
dience wished to speak in favor of the proposal. No one else spoke in favor
of the proposed Planned Development.
Mr. Barbre then asked if there were members of the audience who wished to
speak in opposition.
Mr. R. M. Huckeby addressed the Commission, and stated that as an attorney
representing Mr. and Mrs. Dunn, he did not need to be sworn in.
Mr. Barbre pointed out that if Mr. Huckeby wanted the Commission to regard his
statements as sworn testimony and to be taken into consideration in any deci-
sions that are made, he will have to be sworn in.
Mr. Huckeby stated that he will not be presenting testimony, nor will he be
presenting any witnesses. He suggested that he will be offering his opinion
and advice to the Board.
Mr. Huckeby suggested that the Commission does not have the authority to hear
this matter at this time because of improper publication of the notice of
hearing. A question was raised at the previous meeting of November 15 on the
impropriety of the posting of the site, and the Commission voted to have the
property reposted for this date; however, there was no republication made in
the official City Newspaper giving this date for the hearing. The Commission
had no authority to consider the matter on November 15, and no authority to
continue the hearing to this date; therefor the Commission does not have au-
thority to hear the matter at this time.
Mr. Huckeby stated that the three cases have been consolidated into one "hear-
ing". In the absence of proper publication there is no jurisdiction to hear
anything, much less to bring anything forward from the previous meeting. Mr.
Huckeby suggested that the Commission should consider this matter following
proper posting and proper publication as required.
Mr. Huckeby stated that following the previous meeting remarks were made to
him and in his hearing to the effect that he was a "road block on the SMC
parade to development". Mr. Huckeby stated that he did not think that SMC had
rubber stamp approval from this Board, or from the City Council. Mr. Huckeby
stated that his clients are Homer and Eleanor Dunn, who have lived in this
location for over 30 years, and are good tax-paying citizens. The development
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proposals of SMC have created an "octopus" encircling the properties owned by
Mr. and Mrs. Dunn; amenities such as a through street and an alley are being
taken away from the Dunns by the proposed Planned Development. By vacating
the south portion of South Pennsylvania Street, and allowing SMC to assume
maintenance of the remaining portion of the dedicated street, the Dunns will
be living on a "private" street that isn't really private. Who can Mr. and
Mrs. Dunn call if the snow is not removed, or if a pot hole is not repaired;
it will not be the responsibility of the City to do these things if Swedish is
given that responsibility.
Mr. Huckeby stated that the Ordinance governing Planned Developments was first
enacted in 1972, at a time when many cities were adopting some form of regula-
tion for Planned Developments. The ordinance was re-enacted at a later date
with substantial amendments, and is now referred to as §16-4-15 of the Engle-
wood Municipal Code. Mr. Huckeby cited the following provision of the Planned
Development regulations: "If the proposed development includes multiple fami-
ly or non-residential buildings or structures and it is adjacent to a single-
family residential use district, the development shall contain a buffer. In
order to minimize any adverse effects on the adjacent single-family area, the
buffer shall be not less than a twenty-five foot (25') landscaped area, and an
opaque six foot (6') decorative fence shall be provided." Mr. Huckeby cited
other sections of the Municipal Code, including the R-1-A, R-1-B, and R-1-C
Districts, which are for single-family residence development; the R-2, Medium
Density Residence District, and R-3, High Density Residence District. Single-
family residences are a "use'' in those zone districts. The property owned by
Mr. and Mrs. Dunn is zoned R-3, High Density Residence, but is used for sin-
gle-family purposes. Mr. Huckeby stated that he is of the opinion that a 25
foot buffer is required around the Dunn's property. Mr. Huckeby asserted that
the Planning Department staff have taken the position that the word ''use" has
no meaning, that the provisions do not apply unless to a single-famly "dis-
trict". Mr. Huckeby suggested that there has been such a hurry to approve
this Plan that this facet was overlooked, which is an important matter to the
Dunn's. Mr. Huckeby asked who it is important to insure privacy for --the
single-family homeowner, or someone who is in ICU.
Mr. Huckeby cited Colorado Revised Statute 31-23-225, which requires a Major
Activity Notice to be sent to the State for development of areas over five
acres in size. This is required before approval of any rezoning or subdivi-
sion, and before building permit application is made. This requirement will,
in Mr. Huckeby's opinion, have to be met before the request from Swedish Medi-
cal Center can be submitted to City Council.
Mr. Huckeby suggested to the Commission that in the discharge of their duties,
there are technicalities that the Commission must be sure are taken care of
and complied with. After those technicalities are observed, he would urge
that the Commission require compliance with the ordinance. He suggested that
this request be sent back to staff with the direction that the 25 foot buffer
be placed in the Development Plan and brought back to the Commission prior to
submission to City Council.
Mr. Brotzman, Assistant City Attorney, noted that at the previous meeting of
November 15, the Commission determined by vote that the property was properly
posted and that proper publication had been given. However, the hearing was
continued, and the applicant directed to repost the property in an effort to
clear up any confusion. Mr. Brotzman stated that there was no requirement to
re-publish, and the Hearing was properly continued to a date certain.
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Mr. Fish asked Mr. Huckeby to re-cite the State Statute to which he had made
reference. Mr. Huckeby stated that it is CRS 31-23-225, Major Activity
Notice. Mr. Huckeby asked that the record reflect his objection to the con-
tinuance of the Hearing, and the grounds for his objection as stated.
Mr. Barbre asked if anyone else wished to address the Commission in opposition
to the proposal. No one else addressed the Commission.
Mr. Barbre asked if Commission members wished to recall any witnesses. No
member of the Commission asked that any witnesses be recalled.
Mr. Barbre asked if the applicant wished an opportunity to rebut any of the
statements made by Mr. Huckeby. The applicant did not rebut statements made
by Mr. Huckeby.
Mr. Barbre asked if anyone else wanted to speak regarding the matter before
the Commission. No one addressed the Commission.
Mr. Barbre declared the Public Hearing closed.
Mr. Fish stated that he wanted to ask a couple of questions of the staff. Mr.
Brotzman stated that the Public Hearing would have to be reopened to allow Mr.
Fish to ask questions of the staff.
Fish moved: The Public Hearing on Case #14-88 be reopened.
There was no second to the motion .
Mr. Barbre stated that the determinations on the Planned Development and the
vacation of South Pennsylvania Street and the vacation of the Pennsylvania/
Logan alley should be considered separately. He asked the pleasure of the
Commission.
PLANNED DEVELOPMENT CASE #14-88
Volkema moved:
Carson seconded: The Planning Commission approve the Planned Development for
Swedish Medical Center as submitted, and refer the request
to the City Council with a favorable recommendation.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Volkema, Barbre,
Fish, Tobin
Schultz
None
Carson, Draper, Such
Chairman Barbre declared the motion carried.
·Mr. Barbre stated that the Findings of Fact need to be addressed. Have all
the criteria for approval of a Planned Development been met. Mr. Volkema
stated that he finds that the criteria has been fulfilled, the proposal is
consistent with the Comprehensive Plan, the property has been properly posted,
and proper notice was given through publication. The proposed use is permit-
ted in the R-3 Zone District, and the landscaping requirement and off-street
parking requirements will be exceeded.
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Mr. Fish stated that he voted in opposition to approving the Planned Develop-
ment because he felt that there were issues raised by Mr. Huckeby that are
pertinent to the development which were not discussed, such as single-family
"use", and the "private street"; the impact of the development on the neigh-
borhood, and the space between buildings was not addressed. Ms. Tobin stated
that she would agree with Mr. Fish that these matters were not addressed.
VACATION OF S. 366.10' OF
SOUTH PENNSYLVANIA STREET CASE #18-88
Mr. Barbre asked the pleasure of the Commission regarding the vacation of the
south 366.10 feet of South Pennsylvania Street in the 3400 block south.
Volkema moved:
Draper seconded: The Planning Commission recommend to City Council that the
south 366.10 feet of the 3400 block of South Pennsylvania
Street be vacated; it is further recommended that a utility
and drainage easement be retained by the City within the
vacated right-of-way.
Mr. Fish asked about the tax status on land that is vacated. Ms. Hirsch
stated that she had spoken with the County Assessor, and checked the County
records. Approximately one-quarter (1/4) of the area to be vacated will re-
vert to property that is presently taxable, and this portion of the vacated
street will also be taxable.
The vote on the motion to approve the vacation was called:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Barbre, Carson,
None
Schultz
None
Draper, Fish, Such, Tobin, Volkema
Chairman Barbre declared the motion carried.
VACATION OF NORTH 375 FEET OF THE
3400 BLOCK OF SOUTH PENNSYLVANIA/
SOUTH LOGAN STREET ALLEY CASE #19-88
Mr. Barbre asked the pleasure of the Commission on the requested vacation of a
portion of the Pennsylvania/Logan alley in the 3400 block south.
Fish moved:
Such seconded: The Planning Commission recommend to City Council that the
North 375 feet of the South Logan/South Pennsylvania alley
in the 3400 block south be vacated.
Mr. Draper asked if the vacated alley will revert to adjacent property owners,
or will it all go to the Medical Center. Ms. Hirsch stated that a portion of
the alley that is vacated will revert to Mr. and Mrs. Dunn. Ms. Hirsch stated
that she had checked with the County Assessor, and the 400 sq. ft. which will
revert to Mr. and Mrs. Dunn would not raise their taxes. Another very small
portion of the alley will revert to taxable property.
The vote on the motion to vacate a portion of the alley was called:
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AYES:
NAYS:
Carson, Draper, Fish, Such, Tobin, Volkema, Barbre
None
ABSENT: Schultz
ABSTAIN: None
Chairman Barbre declared the motion carried.
Mr. Barbre stated that the Commission has voted to refer all three issues to
the City Council for approval.
V. PUBLIC FORUM.
Mr. Barbre expressed the appreciation of the Commission to Mayor VanDyke and
to Council members Hathaway and Byrne for their attendance at the Hearing, and
asked if any member of the audience wished to address the Commission. No one
addressed the Commission.
VI. DIRECTOR'S CHOICE.
Mr. Wanush asked that the Commission give thought to designating a member to
serve on the Code Review Committee.
Messrs. Carson, Fish and Such expressed an interest in serving. Mrs. Romans
stated that she had talked to Mr. Schultz, who had also expressed an interest
in serving on the committee.
Mr. Carson withdrew his name from consideration. Written balloting was held,
and Mr. Fish was designated to serve on the Code Review Committee.
VII. COMMISSION'S CHOICE.
Members of the Commission discussed the Public Hearing on the Planned Develop-
ment. Mr. Fish stated that he feels perceptions are very important in this
issue, and that the issues raised by Mr. Huckeby were not addressed. Mr. Fish
stated that he did not vote in opposition to the request because he did not
feel it was a good plan; he does, in fact, feel it is a good plan; he voted in
opposition to approval because the issues raised were not addressed.
Ms. Tobin stated that she felt the perception gained by the audience was that
the decisions were "cut and dried'', which is not the case.
Mr. Draper pointed out that if there were objections or questions to be asked,
they should have been raised or asked prior to the closure of the Hearing when
an opportunity was given to do so. Discussion ensued.
Mr. Wanush suggested that following the making of a motion there is an oppor-
tunity for discussion. Mr. Brotzman expressed the opinion that the hearing
would have to be reopened to allow discussion and questioning of the staff.
Mr. Wanush stated that there is no reason the Commission could not ask ques-
tions of staff during a discussion among members. Mr. Brotzman disagreed .
Mr. Fish stated that if the Hearing is not reopened by motion, there is no
discussion on an issue, which is what happened at this meeting .
Mr. Wanush stated that he wanted to discuss this issue with the City Attorney.
There should be a free flow of information between the Commission and staff
without jeopardizing the public hearing.
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Mr. Volkema stated that he was of the op1n1on that discussion could occur
after a motion was made. He stated that he did not want to reopen the Public
Hearing but felt it would have been good to have discussion.
Mr. Barbre stated that he felt the time to ask questions would have been when
he specifically asked if Commission members wanted to recall any witnesses.
Mr. Brotzman stated that there are six options to consider when making a deci-
sion on an issue, those being (1) Make a decision without discussion; (2) Open
discussion before the Public; (3) Close the discussion before the public; (4)
Recess or executive session; (5) Continue the consideration to a date certain;
(6) Reopen the hearing. Further brief discussion ensued.
The meeting was declared adjourned at 8:50 p.m .
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