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HomeMy WebLinkAbout1987-03-17 PZC MINUTES.... f • • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION March 17, 1987 CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Carson at 5:45 P. M. in the George Perrin Conference Room in the Englewood Public Library. Members present: Maunakea, Russell, Mulhern, Allen, Barbre, Beier, Carson Romans, Ex-officio Members absent: Magnuson, Hanson Also present: Harold Stitt, Planner II Joyce Parsons, Zoning Enforcement Officer Patrol Chief Robert Moore II. APPROVAL OF MINUTES. March 3, 1987 Chairman Carson stated that the Minutes of March 3, 1987 were to be considered for approval. Maunakea moved: Mulhern seconded: The Minutes of March 3, 1987 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Maunakea, Mulhern, Russell, Allen, Barbre, Beier, Carson None Hanson, Magnuson None The motion carried. III. COMPREHENSIVE ZONING ORDINANCE §16.4-1 Zone District Regulations §16.4-16 Flood Plain Regulations §16.4-18 Landscape Ordinance §16.5 General Regulations §16.7-4 Legal Status Provisions §16.8 Definitions CASE #7-87 Mrs. Romans introduced Patrol Chief Robert Moore, and asked that he discuss the proposed amendments on §16.4-1 as they relate to enforcement by the Police Department. Mr. Moore discussed the difficulty of enforcement on vehicles which exceed a given weight, the parking and storage of various types of vehicles such as trailers, recreation vehicles, etc. The existing provisions under the Traffic Code, which is also proposed to be amended, require that a vehicle must be parked at a particular location in excess of four hours before it can be cit - ed. This provision does not really address the i s sue of a property owner storing boats, detached trailers, or other commercial or recreational vehicles -1 - on public right-of-way. Mr. Moore emphasized that under the existing provi- sions, the Police Officer cannot ticket the vehicle unless it is moving, or at • the location in excess of four hours, which provision is difficult to monitor. Mr. Carson stated that streets in residential areas are posted with a maximum tonnage for vehicles; if a vehicle exceeds that tonnage, and is parked on the street, he felt the vehicle should be cited. Mr. Moore again stated that the citation cannot be issued unless the vehicle is moving. Mr. Moore stated that the officer can issue a citation while the vehicle is being driven down the street, but not because it is parked in a yard. Mrs. Romans stated that the regulations proposed in §16.4-1 are to prohibit the parking or storage of vehicles exceeding a given weight on the street or in a private yard. Discussion ensued . The determination of the weight of vehicles was then con- sidered. Mrs. Romans pointed out that the CWT of the vehicle is given on the registration form that is issued for every licensed vehicle; the enforcement officer or property owner have only to look at the registration of the vehicle to determine whether it will exceed the weight limitations cited in the Or- dinance. Mrs. Romans also pointed out that another way to identify heavier vehicles is that trucks in excess of one ton weight are not required to have an emission sticker. Mr. Moore stated that the new ordinance provisions will be enforceable without having to worry about the weight provisions. Mr. Carson asked Chief Moore if he felt the proposed amendments should be ap- proved. Chief Moore answered in the affirmative. Mr. Maunakea asked if the proposed amendments have sufficient "teeth" to be enforced. Mr. Moore again replied in the affirmative; he feels there is suf- ficient enforcement power available. Mr. Carson asked why these regulations have to be written into the Comprehen- sive Zoning Ordinance. Would not this be better written as a separate or- dinance. Mrs. Romans stated that the Police Department enforces the Traffic Ordinance, as it relates to streets and that Ordinance is being revised to coordinate with the revisions proposed to the Comprehensive Zoning Ordinance. The Zoning Enforcement Officer works with enforcement of the Zoning Ordinance as it relates to private property. The Enforcement Officers work with the Police Department on some citations; in such cases , an individual may be cited under several different provisions and several different ordinances. Mr. Barbre asked if, after the proposed amendments are approved, the Ordinance would be enforced only on a complaint basis. Mr. Moore stated that the Police Department reacts to complaints from citizens for the most part. Mr. Barbre asked if there is a "warning agent" available, or is a citizen hit with a ticket right in the beginning. Mr. Moore stated that the citizen would be issued a warning, which would be followed up with a ticket if nothing is done to correct the situation. Ms. Russell suggested that on something as controversial as the proposed amendments, perhaps there should be wider advertisement to notify more people of the proposal. Discussion ensued. -2 - • • • • • Mr. Maunakea cited situations where a property owner may have made improve- ments on their property to facilitate the storage of a boat, trailer, or some other vehicle, and may yet be in violation of the provisions of this proposed ordinance. He asked how this would be handled. Mr. Moore stated that if the vehicle is stored on private property, the Police Department is less likely to get involved, and would turn that over to the Zoning Enforcement Officer. Ms. Romans stated that Ms. Parsons has numerous pictures of problems that this revised ordinance was drafted to address. Storage of materials in rear and side yards, excessive vehicles, etc. are all depicted in these pictures, which were passed around for viewing by the Commission. Mr. Beier cited an instance wherein customers buy auto repair parts, and do the work in the parking lot of the retailer; is this permitted. Ms. Parsons stated that it is not permitted on a regular basis. If someone needs to re- place a dead battery or some other emergency repair to get the vehicle run- ning, this could be an exception. Other than in an emergency situation, vehi- cles are not to be repaired in the public right-of-way or in parking lots. Ms. Parsons suggested that on Page 1 of the proposed ordinance, a new provi- sion b (4) be added stating that "Automobile storage, salvage and junk yards are prohibited in all residential zone districts". Mr. Magnuson entered the meeting and took his place with the Commission. Mr. Mulhern noted that Ms. Parsons had referred to "storage" as well as "sal- vage", and asked what constituted "storage". Ms. Parsons stated that anything "stored" in the rear yard may not encompass more than 20% of the usable space as outside storage; materials in excess of the 20% figure would have to be enclosed in a garage or storage shed. Salvage refers to the storage or utilization of any sort of damaged or waste material. Mr. Carson gave the location of a residence at which there is a welding shop in the back yard. Ms . Parsons stated that this would not be an approved home occupation, and that she would follow up on the complaint. Mr. Allen asked about the provision requiring an opaque screen around trash storage areas. Mrs. Romans stated that this provision is in effect at the present time. Ms. Parsons stated that this provision would apply primarily to the larger commercial dumpsters . Mr. Allen asked how the provision of b(3) on Page 1 which would limit outside storage to 20% of the usable open space would be enforced. Ms. Parsons dis- cussed the ways to determine an approximate 20% figure . Mr . Allen stated that if this matter went to Court, he would think that a survey would have to be done and measurements made to determine the percentage of coverage with trash. Mr. Allen stated that in his opinion, the provision is impractical. Mr. Allen discussed his concern with the wording on c (3) on page 2. Ms. Parsons stated that this section should be modified to state: " ... BUT NOT LIMITED TO, ONE OR MORE MOTOR HOMES, BOATS, CAMPERS, TRAILERS, TRAILERS USED FOR CARRYING BOATS ... " Mr. Allen suggested that this paragraph should be reworded to state that there shall be no vehicles parked or stored in the right-of -way. -3 - Mr. Carson asked that a paragraph be inserted defining "trash". Mrs. Romans stated that this definition is already in the Zoning Ordinance, and that these • proposed amendments are to be incorporated into the Zoning Ordinance. Further discussion ensued. Maunakea moved: Magnuson seconded: Section 16.4-1 b (4) be added to state: "Automobile storage, salvage and junk yard facilities are pro- hibited in all residential zone districts." AYES: Mulhern, None Hanson None Russell, Allen, Barbre, Beier, Carson, Magnuson, Maunakea NAYS: ABSENT : ABSTAIN: The motion carried. Maunakea moved: Barbre seconded: Section 16.4-1 c (3) be amended to state: "Storage Prohibited. No vehicle designed and used for recreation purposes, including, but not limited to, one or more motor homes, boats, campers, trailers, trailers used for carrying boats, hobby or racing cars, motorcycles and other equip- ment or motor vehicles, shall be stored in the public right-of-way." AYES: NAYS: Russell, Allen, Barbre, Beier, Carson, Magnuson, Maunakea, Mulhern None ABSENT: Hanson ABSTAIN: None The motion carried. Ms. Russell cited an apparent conflict in the prov1s1ons of §16.4-1 c (3), §16.4-1 c (4) (c), and in §16.4-1 c (5) (a) regarding the locations where such vehicles may be parked. Discussion ensued. Beier moved: Maunakea seconded: Section 16.4-1 c (4) (c) be amended to striking the words: "vehicle or", so that the provision reads: "Storage and parking restrictions. No motor vehicle shall be parked or stored:" AYES: NAYS: ABSENT: ABSTAIN: Allen, Barbre, Beier, Carson, Magnuson, Maunakea, Mulhern, Russell None Hanson None The motion carried. Section 16.4-16, Flood Plain District regulations, was then considered. Mr. Stitt stated that in January and October of 1986, the Federal Government came up with new regulations for the federal Flood Insurance Program. The Colorado Water Conservation Board has asked that all municipalities and counties amend their individual flood plain ordinances to comply with these new regulations. -4 - • • • • • The City of Englewood has received notification of what changes need to be made to our regulations, and the proposed revisions have been incorporated in the copies available to the Commission for their consideration at this meet- ing. Mr. Stitt stated that these revisions will have no effect on the manner of administration of the Englewood ordinance. Mr. Mulhern excused himself from the meeting. Mr. Stitt reviewed the proposed revisions to the Flood Plain District, noting that in the copies before the Commission, words that are capitalized are to be added, and words that are italicized are to be deleted. There are some modifications to the definitions that are proposed, also. Mr. Carson asked when these proposed amendments would come before the Commis- sion. Mrs. Romans stated that the Public Hearing on the amendments to Sec- tions 16.4-1, 16.4 -18, 16.5, 16.7-4, and 16.8 are scheduled for April 7, and the Flood Plain Regulations could be considered at that time, or on the 21st of April. Discussion ensued. Maunakea moved: Magnuson seconded: The Public Hearing on Section 16.4 -16 be scheduled for April 7, 1987 . AYES: Barbre, None Hanson, None Beier, Carson, Magnuson, Maunakea, Russell, Allen NAYS: ABSENT: Mulhern ABSTAIN: The motion carried. Messrs. Allen and Magnuson stated they would be unable to attend the meeting on April 7. Mrs. Romans asked if there were any questions on Sections 16.5 and 16.7-4. No questions were asked. Mrs. Romans stated that §16.8, Definitions, has several additions and/or modifications, and called the attention of the Commission to the Sight Distance Triangle as delineated on Page 7. Mr. Barbre questioned the significance of the Chart in Table I on Page 8, and asked for more infor- mation on these figures. Mrs. Romans stated that the staff will try to clari- fy this issue. A recess of the Commission was declared. The meeting reconvened at 7:40 P.M. Members present were: Allen, Barbre, Beier, Carson, Magnuson, Maunakea, Russell. Absent were: Mulhern and Hanson . V. PUBLIC FORUM. There was no one present to address the Commission under Public Forum. VI. DIRECTOR'S CHOICE. Mrs. Romans stated that the rezoning requested by Mr. Dulaney for Marrs Development has been scheduled for hearing before the City Council on April 6 at 7:30 P. M . -5 - Mrs. Rom ans extended an invitation to members of the Commission to a walk- through of a duplex unit at 2910 South Bannock Street, which has been acquired and remodeled by the Englewood Housing Authority. The structure was original- ly an older, small triplex consisting of three one-bedroom units; this struc- ture has been converted to two nice-sized dwelling units, which the Housing Authority will use for public housing. The walk-through is scheduled for Fri- day, March 20, at 4:00 P. M. In May, there will be an open house for a project being built on West Baker Avenue by SEMBECS and the Alternative High School under the supervision of the Englewood Housing Authority. The property was purchased by the EHA, and the house will be sold when completed. Two sites in northwest Englewood were pur- chased for construction of single-family homes; this is the first of the homes to be constructed. Mrs. Romans stated that the Englewood Housing Authority Home Rehabilitation Program has assisted in the improvement of over 300 homes since the program began in 1978. Mrs. Romans stated that Englewood was one of five entries that were given a special award for the Housing Rehab Program; the Englewood Hous- ing Authority has presented this award and a letter to Mrs. Ruth Clayton, widow of former Councilman David Clayton who was instrumental in developing the home rehabilitation program in the City. Mrs. Romans stated that the Housing Staff and Housing Authority members re- cently had a work session to discuss their long-range goals, and the Authority will be refining these goals which can be incorporated into the Comprehensive Plan Housing section. Mrs. Romans suggested that perhaps the Commission could meet with the Housing Authority to discuss the revisions of the Housing sec- tion of the Plan. Mr. Hanson entered the meeting at 7:55 P. M. VII. COMMISSION'S CHOICE. Mr. Allen referred to some of the pictures shown by Ms. Parsons of trash col- lected in the yards of various homes throughout Englewood, and asked if the Commission members thought that if the City had a trash pick-up program, would this be of assistance in solving some of these problems. Mrs. Romans stated that it could be of assistance in some cases. Mrs. Russell discussed a trash removal program that she had heard about wherein it was a county-wide program that cost something like $400,000 to set up, but at the end of the first year, there was a return of $50,000 to all participating jurisdictions. Discussion ensued. Mrs. Romans introduced Board of Adjustment members Carl Welker, Chairman, Mr. Ron Fish, immediate past Chairman, Lois Lighthall and Don Seymour, and Mrs. Fran Schaeffer, a guest of Ms. Lighthall. Board members were invited to join members of the Planning Commission to hear a presentation by Assistant City Manager/Urban Renewal Authority Executive Director Powers on the Downtown Re- development project. Mr. Carson asked that the Commission adjourn prior to the presentation. The meeting was declared adjourned at 8:05 P. M. * * * * * * * * * * -6 - • • • ,. Ms. Powers presented a slide show depicting early Englewood and improvements that have been made and that are projected in the downtown area. • A short question and answer period followed the presentation. The meeting ended at 9:00 P. M. ~~ L .z&_.1f Gertrude'G. Welty 7 Recording Secretar; • • -7 -