HomeMy WebLinkAbout1985-05-21 PZC MINUTES•
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I.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
May 21, 1985
CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission was called to
order at 7:00 p.m. by Chairman Venard.
MEMBERS PRESENT: Barbre, Carson, Magnuson, Stoel, Venard.
MEMBERS ABSENT: Beier, McBrayer, Gourdin, Allen.
ALSO PRESENT: Peter Vargas, Acting Director of
D. A. Romans, Assistant Director
Susan T. King, Senior Planner.
Jack Olsen, City Attorney.
Community Development.
of Courrnunity Development.
The Chairman stated that there was a quorum present.
II. APPROVAL OF MINUTES.
May 7, 1985 and May 14, 1985.
Chairman Venard stated that the Minutes of May 7 and 14 were to be considered.
Carson moved:
Barbre seconded: The Minutes of May 7, 1985 be approved as written .
AYES:
NAYS:
Barbre, Carson, Stoel, Venard.
None.
ABSTAIN: Ma gnuson.
ABSENT: Beier, McBrayer, Gourdin, Allen.
The Chairman ruled that the Minutes of May 7, 1985 were approved as written.
Carson moved:
Stoel seconded: The Minutes of May 14, 1985 be approved as written.
AYES:
NAYS:
ABSENT:
Barbre, Carson, Stoel, Magnuson, Venard.
None.
Beier, McBrayer, Gourdin, Allen.
The Chairman ruled the Minutes of May 14, 1985 were approved as written.
Carson moved:
Stoel seconded: The Minutes of May 14, 1985 be approved as written.
AYES: Barbre, Carson, Stoel, Magnuson, Venard.
NAYS: None.
ABSENT: Beier, McBrayer, Gourdin, Allen.
The Chairman ruled the Minutes of May 14, 1985 were approved as written .
Ill. Centennial Trade Center II
Final Subdivision Plat and Findings of Fact
Case /19-85
Mr. Carson asked if the conditions made by the Commission were included in this
plat and in the Findings of Fact. Mr. Venard said they were.
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Carson moved:
Stoel seconded: The Final Subdivision Plat and the Findings of Fact for Case
#9-85, Centennial Trade Center II, be sent to City Council with
recommendation to approve.
AYES:
NAYS:
ABSENT:
Barbre, Carson, Magnuson, Stoel, Venard.
None.
Beier, McBrayer, Gourdin, Allen.
IV. Findings of Fact: Case #10-85
Proposed Amendments to the Comprehensive Zoning Ordinance:
Section 16.4-8, R-2; Section 16.4-10, B-1; Section 16.4-11, Design Guidelines
for the Rehabilitation of Existing Buildings in the South Broadway Incentive
Area; Section 16.4-13, I-1; Section 16.4-15, Planned Development; Section 16.4-17,
Fences and Retaining Walls; and Section 16.4-18, Landscaping Requirements.
Section 16.4-12, B-2, will not be sent to Council with a recommendation until
after further study.
Carson moved:
Stoel seconded: The Findings of Fact for Amendments to the Comprehensive Zoning
Ordinance be approved and sent to City Council.
AYES:
NAYS:
ABSENT:
Barbre, Carson, Magnuson, Stoel, Venard.
None.
Beier, McBrayer, Gourdin, Allen.
The Chairman ruled that the Finding s of Fact were approved.
v. Study Session on the B-2, Section 16.4-12.
Mr. Stoel suggested that, because there were two people in the audience, it might
be better to have the Public Forum before the Study Session. The people in the
audience stated that they wanted to attend the Study Session. Mr. Venard stated
that they were welcome to attend and listen, but the Public Hearing had already
been held and they were entitled only to listen. Mr. Venard said that he had made
a chart of the members' positions at the previous meeting concerning the provisions
of the Conditional Use for used and new car dealers. He suggested using that as a
guide in going over the provisions.
Mr. Carson asked Mrs. Romans if a report had been received from the Police Department
concerning the number of thefts at car lots. Mrs. Romans said that she requested
the information from David Miller of the Police Department who told her that
information concerning car lots cannot be obtained from the computer. He did say
that there have been more complaints about vandalism and theft from car lots in
the last two weeks. One of the complaints was made by Kearns Jeep and other by
Bill Crouch.
The Chairman asked that the provisions of the Ordinance be taken in order. He
stated that there had been general agreement that car sales lots should be made
Conditional Uses. The Commission agreed to retain this provision, and Mr. Stoel
said they should develop minimum standards .
Four
Mr.
Mr. Venard said the next provision to consider was the ten foot setback.
of the members had opposed the setback, and Mr. Barbre, Mr. Magnuson and
Venard had suggested some negotiation on the setback. Mr. Stoel said he
really opposed to setbacks, but does not want any of the provisions to be
retroactive. He said he would not oppose a smaller landscaped setback.
is not
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Mr. Carson suggested front and side yard setbacks of three feet.
Mr. Stoel said that the Landscape Ordinance would apply to any new business,
including car businesses. Mrs. Romans -said the Landscape Ordinance would also
apply .to any change of use.
Mr. Stoel said the Commission can make some kind of guidelines so that an applicant
will know what will be considered when he/she applies for a Conditional Use.
Discussion followed, .with the Connnission considering setbacks and landscaping
provisions. The Commission noted that the surrounding cities all have rules
for car dealers, some of them more stringent than those proposed for En g lewood.
It was observed that landscaping ten feet across a property will not satisfy the
10% landscaping required in the Ordinance which is already law.
Mr. Vargas said that the Landscape Ordinance can be enforced on all dealers new
since the Landscape Ordinance was passed, and the locations of the landscaping
can be negotiable for the Conditional Use hearing. It was decided to go on to
other provisions and return to the consideration of setbacks later in the meeting.
Chairman Venard suggested discussing the provision for customer and employee
parking . The consensus at the last meeting had been against this provision. Mr.
Magnuson said he had changed his mind, and wanted the required parking. Mr.
Stoel said, in his opinion, such a provision would not be enforced. Mr. Magnuson
wanted space marked for c ustomers. Mr. Carson said that especially in the case o f
repair areas, there should be reserved parking .
Mrs. Romans said that the General Regulations would require one space for each
two employees at ma x imum empl oyment on a sing le shift plus two spaces for eac h
300 square feet of sales, o f fice, r e p a i r or maintenance space. Mr. Stoel
said that parking could be handled as part of the Conditional Use Hearing . Mr.
Carson said he was going to v o te a gainst this provision. It was a g reed that,
since this can now be en f orced, there wou l d be no further provision for parking
made in this section of the Ordinance.
The Chairman asked for consideration of the 200 square foot per car requirement.
There had been five members opposed to this requirement at the previous meeting.
Mr. Magnuson pointed out that some of the neighboring communities require 300
square feet per car. Mr. Stoel said that setbacks and landscaping would take
up space and would limit the number of cars.
Discussion followed, with consideration of different sizes of vehicles. Mr.
Greg Thompson, 4528 South Broadway, stated that it would be difficult to make
any guideline which would be fair to everyone.
Mr. Paul Hendricks, a citizen in attendance, said that it is h i s understanding
that what began the close loo k at car dealers was that s ome dealer was parking
in the public ri ght-o f -way . He said that if the City enf o rc ed its own laws, that
situation would have been solve d . Mr . Vargas stated tha t part of the problem is
a car lot at Belleview and Broadway where the re is no public right-o f -way provided
for a sidewalk because of the e x pansion of the State Hi ghway. People are unable
to walk by the lot .
Mrs. Romans said that car lots are not being discriminated against. Car washes
and auto repair businesses have been Conditional Uses for some time. Body repair
e x cluded from commercial districts. They are sugge s ting that in addition t o the
car washes and auto repairs, all car-related uses be ma de Conditional Uses.
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The Commission decided to consider the number of cars permitted and square
footage required for each car as part of the Conditional Use Hearing. Mr. Vargas
suggested obtaining an average of different sizes of vehicles so that density can
be addressed, taking the different sizes into consideration.
The Commission would require that a site plan be provided which would show how
cars would be parked on the car lots. It was also decided that the access lane
would be considered at the Conditional Use Hearing.
The Corrnnission agreed to retain the lighting and Sign Code provisions of the proposed
changes to the B-2 District. It was agreed that there would be no regulation on
auto display racks above ground level.
Because the Fence Ordinance permits six foot fences of chain link and woven wire,
it was decided that the Commission would not require anything more stringent than
the Fence Ordinance provisions. Mr. Carson objected to six foot fences anywhere
fronting on Broadway and suggested amending the Fence Ordinance.
The rest of the proposed changes were accepted. It was the opinion of the Commission
that these provisions should not be retroactive and should only apply to any new
business concerned with the sale of new or used cars, and any such business upon a
change in ownership. It was agreed that any new owner should come before the
Commission to reaffirm or adjust the Conditional Use status if it had already been
granted. A new owner or use would have to meet all the current requirements, i.e.,
landscaping, parking, lighting, etc.
The Commission asked that Mrs. Romans draft a new section for the B-2 District to
refle c t the decisions of the Corrunission at this meeting, and asked that the draft
be ready for the following meeting on June 4, 1985.
The Corrnnission returned to the discussion of setbacks and landscaping, and decided
that the Landscape Ordinance provisions must be met and enforced, including the
requirement that all business sites must have 10% of the land in landscaping.
It was the opinion of the Commission that placement of landscaping , while it must
be visible from the street to some extent, could be decided at the Conditional
Use hearing. The Commission agreed that the guidelines as discussed at this
meeting would be considered for inclusion in any site plan or application for
Conditional Use status.
The Corrnnission agreed that many of the problems such as parking on the street of
dealer cars could be solved with stricter enforcement of existing laws. Mr. Vargas
said that this is not altogether true. Dealers can move their cars a few inches
and be given an additional 24 hours to move cars parked on the street; and
due process makes it difficult to obtain compliance quickly.
It was decided that reference would be made to the General Regulations, Sections
16.5-3 through 16.5-6, which refer to parked vehicles and Conditional Use
applications. The next discussion of the B-2 Section of the Comprehensive
Zoning Ordinance will be at the next scheduled meeting on June 4, 1985.
Greg Thompson suggested that there are other areas of Englewood which need
beautification before car lots do, and he showed the Commission members two pictures
of locations he felt should be better maintained .
VI. DIRECTOR'S CHOICE. None.
VII. COMMISSION'S CHOICE.
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Mr. Carson suggested that the City Council should consider enlarging the golf
course clubhouse, which needs lockers and a larger restaurant. He asked that
this project be added to the Capital Expenditures list.
Mr. C~rson said that it is difficult for pedestrians to walk along Burt Toyota's
property; and there is also a problem for walkers on the corner of Belleview and
Broadway. He urged that the City look into the danger of this situation. Mr.
Vargas said that the State Highway runs along there, and there may no t be
sufficient right-of-way for sidewalks.
The Commissioners asked that each member be notified when the changes to the
Comprehensive Zoning Ordinance will go to City Council, as they would like to
attend in an official capacity. It was suggested that Mr. Venard might wish to
present the document.
The meeting adjourned at 9:57 p.m.
Sheryl Rousses, Recording Secretary