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HomeMy WebLinkAbout1986-05-06 PZC MINUTES• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MAY 6, 1986 I. CALL TO ORDER. The regular meeting of the Englewood Planning and Zoning Commission was called to order by Chairman Carson at 7:00 p.m. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Barbre, Maunakea, Beier, Magnuson, Gourdin, Mesa, Allen and Carson. Mr. Mulhern entered shortly after the meeting was called to order. None. D. A. Romans, Assistant Director of Community Development. Jack Olsen, City Attorney. Susan T. King, Senior Planner. Joyce Parsons, Zoning Enforcement Officer. II~ APPROVAL OF MINUTES. April 22, 1986 • Chairman Carson stated that the Minutes of April 22 were to be considered for approval. Maunakea moved: Barbre seconded: The Minutes of April 22, 1986, be approved as written. AYES: ABSENT: NAYS: ABSTAIN: Barbre, Maunakea, Beier, Magnuson, Gourdin, Mesa, Carson. Mulhern. None. Allen. The motion carried. III. REPORT ON 3655 SOUTH BROADWAY. Mr. Carson said that City Council had remanded the matter of the Conditional Use at 3655 South Broadway back to the Planning Commission. Mr. Carson stated that it is his understanding that Council would not absolutely require that the area in which cars are being displayed for sale be striped, but that customer and employee parking must be striped. Mr. Hack, the applicant to whom the Conditional Use was granted was present. The Commission considered a Memorandum from Joyce Parsons, the Zoning Enforcement Officer, which Memorandum stated that the ten-foot setback -1 - • • • on this property had not been maintained, but Mr. Hack had agreed to maintain it in the future. He had also agreed to stripe the customer and employee parking areas and to post the maximum number of display cars and the minimum number of employee and customer parking spaces, and to abide by those limits. Mr. Hack indicated his agreement. Maunakea moved: Barbre seconded: To permit the Conditional Use for 3655 South Broadway to continue in effect, subject to the applicant's immediate adherence to the site plan as submitted, as to setback, the striping of employee and customer parking spaces. The landscaping must be completed by July 1, 1986. AYES: NAYS: ABSENT: IV. Barbre, Maunakea, Beier, Magnuson, Mulhern, Gourdin, Mesa, Allen, Carson. None. None. PUBLIC HEARING. CASE #14-86. AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE. The Chairman asked for consideration of the Public Hearing for Case #14-86, amendments to the B-2 Business District, and to the Conditional Use section of the General Regulations of the Comprehensive Zoning Ordinance. Barbre moved: Magnuson seconded: That the Public Hearing for Case #14-86 be opened. AYES: Barbre, Maunakea, Beier, Magnuson, Mulhern, Gourdin, Mesa, Allen and Carson. N/\YS: None. ABSENT: None. The proposed changes are as follows: CHANGE SECT~ON 16.4-12 e (2) (f) (ii) to read: Upon the change of LESSEE, ownership, majority stockholders of a corporation, and/or location, and/or enlargement of any sales lot or business after the effective date of this Ordinance. When there is a change in ownership OR A CHANGE IN LESSEE of a sales lot or business which has been approved as a Conditional Use, the new owner shall appear before the Planning Commission to reaffirm the conditions of the approved Conditional Use • -2 - • • • Add: Section 16.4-12 e (2) (f) (iii), B-2 Business District: WHEN THERE IS A CHANGE IN OWNERSHIP, A CHANGE IN LESSEE, OR A CHANGE IN THE MAJORITY STOCKHOLDERS OF A CORPORATION OR ANY MOTOR VEHICLE SALES LOT OR BUSINESS WHICH WAS ESTABLISHED AS A PERMITTED PRINCIPAL USE AS A MOTOR VEHICLE SALES LOT OR BUSINESS UNDER A PRIOR ENGLEWOOD ZONING ORDINANCE; THE NEW OWNER, LESSEE, OR AN OFFICER OF THE OWNER/CORPORATION SHALL, WITHIN 30 DAYS OF THE CHANGE IN OWNERSHIP, LESSEE, OR IN THE MAJORITY ·OF STOCKHOLDERS, SUBMIT TO THE DIRECTOR OF COMMUNITY DEVELOPMENT A PLAN DEMONSTRATING COMPLIANCE WITH SECTION 16.4-12 e (2) (b) (i), (ii), (iii), (iv), (v), AND (vi); SECTION 16.4-18 c (l); AND SECTION 16.4-18 c (2) (e) OF THIS ORDINANCE. THE NEW OWNER, LESSEE, OR AN OFFICER OF THE OWNER/CORPORATION SHALL ALSO STATE THE COMPLETION DATE FOR IMPLEMENTATION OF COMPLIANCE WITH SAID SECTIONS. FAILURE TO COMPLY WITH THIS REQUIREMENT WITHIN SUCH 30-DAY PERIOD SHALL RESULT IN THE WITHDRAWAL OF THE SALES TAX LICENSE FOR THE MOTOR VEHICLE SALES LOT OR BUSINESS AND IN THE WITHDRAWAL OF THE CERTIFICATE OF OCCUPANCY. IN THIS EVENT, THE OWNER, LESSEE OR OFFICER WILL BE REQUIRED TO SUBMIT AN APPLICATION FOR A CONDITIONAL USE AS SET FORTH ABOVE BEFORE CONTINUING OPERATION OF THE MOTOR VEHICLE SALES LOT OR BUSINESS . -3 - • Add: Section 16.5-21 i, Gen e ra l Regulations, Conditional Use: REVOCATION OF CONDITIONAL USE; (1) ALL STIPULATIONS SUBMITTED AS PART OF THE CONDITIONAL USE APPLICATION AND ALL CONDITIONS IMPOSED BY THE PLANNING COMMISSION SHALL BE MAINTAINED IN PERPETUITY WITH THE CONDITIONAL USE. IF AT ANY TIME THE STIPULATIONS ARE NOT IMPL EMENTED ·OR ARE FOUND TO HAVE BEEN ALTERED IN SCOPE, AP PL I CATION OR DESIGN; THE USE SHALL BE IN VIOLATION OF THE CONDITIONAL USE APPROVED. (2) IF AND WHEN ANY CONDITION AL USE IS DETERMINED TO BE IN VIOLATION OF THE APPROVED CONDITIONAL USE, THE OWNER OR • OPERATOR OF THE CONDITIONAL USE SHALL BE NOTIFIED IN WRITING BY THE ZONING ENF ORCEMENT OFFICER OF SAID • VIOLATIONS AND SHALL BE GI VEN A PERIOD OF DAYS NOT TO EXCEED 30 DAYS IN WHICH THE VIOLATION IS TO BE RECTIFIED. THE NOTICE SHALL STATE A TIME AND PLACE AFTER THE AFOREMENTIONED TIME PERIOD AT WHICH A REVOCATION HEARING WILL BE HELD IF THE VIOLATION HAS NOT BEEN RECTIFIED WITHIN THE STATED TIME. (3) WITHIN THE TIME STATED BY THE ZONING OFFICER IN THE NOTIFICATION OF A VIOLATION OF THE CONDITIONAL USE, THE OWN ER OR OPERATOR SHALL REC TIFY THE VIOLATION. UPON COMPLETION OF ANY REQUIRED CHANGES, THE OWNER OR -4 - • • • (4) OPERATOR SHALL NOTIFY THE PLANNING DIVISION THAT SAID CHANGES HAVE BEEN MADE. FAILURE TO RECTIFY SAID VIOLATIONS WITHIN THE TIME GIVEN BY THE ZONING ENFORCE MENT OFFICER OR REPEATED VIOLATIONS OF THE CONDITIO NAL USE APPLICATION AND/OR CONDITIONS IMPOSED BY THE PLANNING COMMISSION SHALL BE CAUSE FOR CANCELLATION AND REVOCATION OF THE CONDITIONAL USE BY THE PLANNING COMMISSION. A HEARING SHALL BE CONDUCTED BY THE PLANNING COMMISSION PRIOR TO . ANY REVOCATION. NOTICE OF HEARING SHALL BE PROVIDED AS REQUIRED BY SECTION 16.2-10 , PUBLIC NOTICES, SUBSECTION a, WHICH DESCRIBES LEGAL PUBLICATION. THE REVOCATION OF THE CONDITIONAL USE SHALL REQUIRE THE APPLICANT TO VACATE THE PREMISES OR STOP THE USE AUTHORIZED BY THE APPROVED CONDITIONAL USE. AFTER REVOCATION THE APPLICANT MAY REAPPLY FOR A CONDITIONAL USE PURSUANT TO THE PROCEDURES OUTLINED ABO VE. Chairman Carson noted that the proposed amendments had been published in the April 23, 1986 edition of the Englewood Sentinel. Dorothy Romans was sworn in for t estimony. She stated that as the staff has worked with the B-2 Business District Ordinance in relation to the Condit ional Use requirements for car sales lots, it was brought to the staff's attention that when a corporation changes principal stockholders, their right to do business in a location that has been theirs for many years may be jeopardized. In the case of Bill Crouch Chrysler/Plymouth, Jess Hull, who has worked with and been in partnership with Bill Crouch for several years, recently became the principal stockholder. By doing so he was suddenly required to landscape, setback, and meet all the general requirements of the B-2. More importantly, he would be required to go to Planning Commission for a Conditional Use on a business which has been at the same location for 20 years. -5 - • • • The proposed amendments to the B-2 Business District would require the new owner of the car sales lot which had been a permitted use under a previous zoning ordinance to comply with the setback, landscaping, employee and customer parking,etc., and would omit the necessity of filing a Conditional Use if they were willing to meet those requirements. The proposed amendment would also trigger the necessity for compliance if the lessee changed. The second amendment proposed to the Commission concerned Conditional Use revocation wh en the terms of the Conditional Use are not met or are frequen tly violated. Mrs. Romans discussed the possibility of a third amendment applying to car sales lots which retain inventory and only change lessees, but after discussi on the Commission declined to consider it. There were no further speakers c oncerning the amendments. The Commissioners discussed the proposed amendments. It was agreed that both staff and the Commission need to emphasize to all applicants that site plans are commitments which must be met in order for Conditional Uses to be granted. Mr. Carson suggested putting a statement in the Planning Commission Handbook that all such site plans are binding. Mrs. Romans said that the City Attorney had reviewed the proposed amendments . Mr. Magnuson noted that the Board of Adjustment could grant variances from the site plan. Magnuson moved: Beier seconded: The Public Heari ng in Case #14-86 be closed. AYES: NAYS: ABSENT: Barbre, Maunakea, Beier, Magnuson, Mulhern, Gourdin, Mesa, Allen, and Carson. None. None. The motion carried. Mesa moved: Mulhern seconded: The amendm ents be approved by the Commission and referred to City Council. AYES: NAYS: ABSENT: v . Barbre, Maunakea, Beier, Mulhern, Gourdin, Mesa, Allen, and Carson. Magnuson. None. DIRECTOR'S CHOICE. Mrs. Romans said that the primary purpose of the amendments which had been proposed was to mak e life easier for the new owner/operator of an existing vehicl e sales business. The -6 - • • • new owner/operator would be required to comply with the essential requirements of the B-2 Ordinance, but in some cases could avoid a public hearing. This seemed in keeping with the intent of City Council to enforce the provisions of the B-2. Mrs. Romans said that, in response to a request by Mr. Carson, Mr. Dick Hinson would address the Commission at its regular meeting on May 20 on the status of the Downtown Redevelopment. On June 3, a study session with the Englewood Downtown Development Authority has been set up at 5:30 p.m. in Library Conference Room 1, concerning a master plan for the east side of Broadway from Floyd Avenue to U.S. 285. Mrs. Romans said that Council had approved both the Logan/Grant alley vacation and the annexation of the property at Centennial Park which had been ref erred by the Planning Commission. The Brochure Committee will meet on May 7, 1986, with the Urban Renewal Authority at 5:30 in Conference Room 1 of the Library, and the Committee will request financial participation in the publication of the Brochure. VII. COMMISSIONER'S CHOICE. Mr. Carson asked if the City would be sending any representatives to the APA state convention. Mrs. Romans said there is no money in the budget for this purpose, but she would be glad to arrange participatiqn if the members wished to pay their own expenses . The convention will be June 19 through the 21 in Colorado Springs. Mr. Allen said that he had participated in the interviews of the four firms which responded to the Request For Proposal relative to the solid waste proposal . He asked that his committee meet with him after the Commission meeting. Mrs. Romans passed out copies of a magazine which had been sent to the Commission by Penny Dietrich, and she noted that on page 42 of Colorado Business, May, 1986, there was an article on the Englewood Downtown Development. The meeting adjourned at 8:07 p.m. s~g Secretary -7 -