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HomeMy WebLinkAbout1984-12-18 PZC MINUTESI r ""' • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 18, 1984 Members of the City Planning and Zoning Commission convened for a dinner- work session at 5:30 P. M. in Conference Room A. Members present: Allen, Carson, Magnuson, Stoel, Tanguma, Venard Vargas, Ex-officio Members absent: Barbre, McBrayer Also present: D. A. Romans, Assistant Director of Community Development City Attorney Olsen Senior Planner King Inasmuch as Chairman McBrayer had indicated to the Secretary that he would be late in arriving at the meeting, and Vice-Chairman Becker has tendered her resignation from the Commission effective immediately, the following action was taken on the advice of City Attorney Olsen: Carson moved: Allen seconded: Mr. Gerry Venard be elected as temporary Chairman for the meeting of December 18, 1984. AYES: Carson, Magnuson, Stoel, Tanguma, Venard, Allen NAYS: None ABSTAIN: None ABSENT: Barbre, McBrayer The motion carried. Carson moved: Magnuson seconded: Mr. Gerry Venard be elected Vice-Chairman of the Planning Commission for the remainder of the term ending February 1, 1985. AYES: Carson, Magnuson, Stoel, Tanguma, Venard, Allen NAYS: None ABSTAIN: None ABSENT: McBrayer, Barbre The motion carried. * * * * * I. CALL TO ORDER. The regular meeting of the Planning and Zoning Commission was formally called to order by Temporary Chairman Venard at 6:00 P. M. Members present: Allen, Carson, Magnuson, Stoel, Tanguma, Venard Vargas, Ex-officio Members absent: Barbre, McBrayer -2- Also present: D. A. Romans, Assistant Director of Community Development City Attorney Olsen Senior Planner Susan King II. APPROVAL OF MINUTES. December 4, 1984 Mr. Venard stated that the Minutes of December 4, 1984 were to be con- sidered for approval. Carson moved: Tanguma seconded: The Minutes of December 4, 1984 be approved as written. AYES: Carson, Magnuson, Stoel, Tanguma, Venard, Allen NAYS: None ABSTAIN: None ABSENT: McBrayer, Barbre The motion carried. III. COMPREHENSIVE ZONING ORDINANCE. Definitions -§16.8 Mr. Venard asked Mrs. Romans to lead the discussion on review of the Definitions section of the Comprehensive Zoning Ordinance. Mrs. Romans stated that review of this section will conclude the review of the Comprehensive Zoning Ordinance amendments by the Planning Commission. Sections that are of concern to the Commission and/or staff will be reviewed and discussed at a Saturday meeting of the Commission with Attorneys Olsen and DeWitt, which has been scheduled for January 12th. Mrs. Romans . stated that she has tried to point out areas that the Commission has expressed concern on to Mr. DeWitt for his study. Mrs. Romans cited sources of reference she had used in writing the pro- posed definitions: Anderson's American Law of Zoning, and The Illustrated Book of Development Definitions by Moskowitz and Lindbloom. Most of the definitions used from these sources are referenced to Court decisions. The list of proposed definitions was reviewed with staff members and Assistant City Attorney DeWitt, and the list presented to the Commission was derived from these discussions. Mrs. Romans asked if there were any definitions which were of special concern to the Commission. Mr. Allen stated that he had not determined any problems in reading through the definitions. Mr. Magnuson stated that the definitions were straight- forward and clear. ..., . • • Mrs. Romans discussed concerns that are expressed on the definition of "family" as it presently exists, and cited various complaints that have been registered when a group of individuals not related by blood, marriage, • or adoption decide to share a household; neighbors complain about the number of people living in the dwelling unit, and/or about the ensuing parking congestion. Few complaints are based on the relationship of the individuals sharing the household. Several definitions of "family" were • • -3- included in the proposed list of definitions, which were discussed by the Commission. Mr. Tanguma stated that he did not feel "family" size should be tied to a number of parking spaces as proposed in one of the definitions. Discussion ensued. Mr. Vargas suggested that the concept of a "boarding house" in a single- family residential area is to be avoided; a clear definition of "family" is, hopefully, one way to avoid this concept. Mr. Tanguma asked if a household being shared by unrelated individuals could not be addressed under "group" rather than "family". Mr. Olsen advised against this ap- proach. Mr. Magnuson pointed out that a single-family home in a single- family district is expected to be occupied by a "family" --not by a "group". The consensus of the Commission was that the following definition, found in ,[3 on Page 15 of the proposed definitions, will be used to define "family": "An individual, or two or more persons related by blood, marriage, or adoption living together as a single housekeeping unit; or a group of not more than four persons, who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit." Mr. Magnuson asked what the Council concerns were on the matter of zoning; he has seen some discussion in the papers regarding the issue. Mr. Vargas stated that the Council wants to protect the integrity of the single-family residential areas, and are trying to define those areas so that it would require a vote of the people to change the zoning in those zone districts. Mr. Olsen suggested that on Page 43, "Specified sexual activities" should be moved to the left margin, and capitalized as a major definition category. Mrs. Romans agreed that this should be done. Mr. Vargas asked where the definition of a "group home" came from. Mrs Romans stated that this was taken from the State Statutes. Mr. Carson asked why there was inclusion of "filling station" and "gasoline station." Discussion ensued. Mr. Tanguma asked why "Board" as noted on Page 5 refers only to the Board of Adjustment and Appeals; there is more than one "board" in the City. Mrs. Romans stated that in reference to the Comprehensive Zoning Ordinance, the Board of Adjustment and Appeals is the only board of reference. Mr. Venard asked if there were any additional definitions to be included on junk cars. Mrs. Romans handed out copies of ordinances which Mr. Venard had obtained from Wheat Ridge and Arvada pertaining to junk vehicles. Mrs. Romans also handed out copies of a new :§16.4, which also addresses storage of junk and trash, and stora~e or parking of vehicles. Mrs. Romans discussed concerns that have been expressed by Code Enforce- ment Officers that they need some regulations in the Comprehensive Zoning Ordinance to assist them in their work. Mrs. Romans pointed out that this draft of §16.4 has not been reviewed with the Attorney's office at this point in time. Mrs. Romans further addressed the problems that are ex- perienced by the Code Enforcement Officers/Police Department in enforcing the restriction of large tow trucks being parked in residential districts, for instance. -4- Mrs. Romans suggested that the Commission members should review these two ordinances, and the proposed new §16.4 prior to the meeting on January 12th. Mr. Carson expressed interest in having the Code Enforcement Officers present at the January 12th meeting to discuss their concerns and reasons for the suggested restrictions. Mr. Stoel discussed the provision in §16.4 A 2 (a) (2), that trash "shall be stor~d in covered containers set back at least five feet from all prop- erty lines .•. " He pointed out that a majority of property owners could not do this because of the location of garages or fences along the alley abutting their property. Mrs. Romans pointed out that property owners are presently prohibited from placing their trash containers in the alley except on days of trash pick-up. Discussion ensued. Mr. Stoel emphasized that he is viewing the practical side of the issue; this will not be complied with by a majority of property owners. Mr. Magnuson suggested that the trash could be kept inside the garage, and placed out on pick-up days. Mrs. Romans stated that the footage requirements can be changed; however, requiring that the trash be stored on the property and not in the alley or on public right-of-way is an existing provision, and will not be changed. Mrs. Romans stated that the Commission has yet to consider the administrative, general and definitions sections of the Ordinance at a Public Hearing; the City Council must then hold Public Hearings on a majority of the Ordinance. Mrs. Romans suggested perhaps the Commission could schedule a public hearing in February. Mrs. Romans pointed out that the City is recodifying the Municipal Code, and the Comprehensive Zoning Ordinance will be included in Title 16 in the new Code. Further discussion ensued on the storage of trash containers in the alley. Mr. Allen excused himself from the meeting at 6:58 p. m. Mr. Olsen excused himself from the meeting at 7:00 p.m. Mrs. Romans submitted copies of rewritten sections pertaining to Certificates of Occupancy, and the Right of Entry. Copies of the Weed, Trash, and Derelict Vehicle Ordinance were made available to members, also. Mrs. Romans pointed out that this Ordinance should be amended to refer to "inoperable" vehicles rather than "derelict" vehicles. Mr. Stoel discussed problems that property owners experience with the method of posting the property in violation of ordinances by the Code Enforcement Officers; the property owner may be an absentee owner, and not be aware of the posting until the time limitation has expired, and suddenly receives an "astronomical charge" from the City for cleaning the property. Mr. Vargas discussed the procedure that is followed by • the Code Enforcement personnel, noting that the property is posted, and1 • a follow-up certified letter is sent to the owner of record. He noted that there are several steps that have to be followed, which are time consuming and may be of concern to the individual who complained about a property in the first place, because it appears the City is doing nothing. • -5- Mr. Tanguma inquired about the brochure the Commission had considered two years ago. Mr. Vargas stated that money was appropriated to do the brochure, and that EDDA was working with Public Relations Specialist Dorothy Dalquist on the brochure. Mr. Vargas was asked to check into the status of this brochure, and report back to the Commission at the next meeting. IV. PUBLIC FORUM. No one was present to address the Commission. V. DIRECTOR'S CHOICE. Mrs. Romans stated that she had wanted to review the amendments to the Comprehensive Zoning Ordinance with members of the Board of Adjustment and City Council before the Public Hearing; she discussed this proposal with Chairman McBrayer, and asked if they could be invited to the meeting on January 12 with the legal staff. Mr. McBrayer wanted only Planning Commission members involved in the January 12th meeting, with another meeting scheduled later to review the amendments with the Board and City Council. Each member of the Commission would lead the discussion on a particular section of the Ordinance. Mr. Venard agreed that the ordinance should be to the satisfaction of the Commission before taking it to the Board and Council. VI. COMMISSIONER'S CHOICE. Mr. Venard stated that a letter of resignation from Mrs. Becker was in- cluded in the packet; he suggested that a letter be sent to Mrs. Becker expressing regret at her resignation, and appreciation for her hard work and dedication to the City and Commission during her term of service. Mr. Tanguma suggested that a plaque be made and presented to Mrs. Becker. Mr. Vargas stated that the City plaque is given to individuals only if certain conditions are met, and added that the City Council is also going to write a letter of regret on her resignation to Mrs. Becker. Mr. Carson suggested a certificate of appreciation would be appropriate if a plaque is not approved for Mrs. Becker. Mrs. Romans addressed several areas of concern to the staff on the Com- prehensive Zoning Map, pointing out these areas which may be incorrectly zoned at the present time, and overlays of propo~ed new classifications to more nearly fit the type of development that is occurring in these areas. Members of the Commission asked for copies of the map showing the areas of concern, with the overlays proposed, for their perusal. Mr. Magnuson commented that he had recently read an article on municipalities experiencing water shortages; Englewood is not on that list, and has an ample water supply. He commended the forefathers for their farsightedness in s~curing the water supply. -6- Mr. Olsen entered the meeting at 7:28 p.m. • Further brief discussion on the water rights of the City ensued. The meeting adjourned at 7:30 P. M.