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HomeMy WebLinkAbout1981-05-05 PZC MINUTES• • • I CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION May 5, 1981 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Com- mission was call~d to order at 7:00 P. M. by Chairman Judith B. Pierson. Members present: Pierson, McBrayer, Carson, Becker, Barbre, Tanguma, Senti, Allen Powers, Ex-officio Members absent: Draper Also present: Assistant Director Dorothy Andrews Romans Associate Planner Barbara S. Young II. APPROVAL OF MINUTES. Chairman Pierson stated that Minutes of April 21, 1981, were to be considered for approval. Carson moved: Tanguma seconded: The Minutes of the meeting of April 21, 1981, be approved as written. AYES: Senti, Pierson, McBrayer, Carson, Becker, Barbre, Tanguma, Allen NAYS: None ABSENT: Draper The motion carried. III. COMPREHENSIVE ZONING ORDINANCE Adult Entertainment Ordinance Permanent Legislation CASE #1-81 (B) Mrs. Pierson asked for staff connnent on the proposed amendments to the Comprehensive Zoning Ordinance regarding regulations for adult entertainment uses. Ms. Powers pointed out changes in the proposed permanent legis- lation which differ from the temporary legislation considered by the Planning Connnission in January, 1981. The proposed amendments pertain to the location of adult entertainment uses in the B-1, B-2, I-1, and I-2 Zone Districts, and the proximity of such uses to a residential zone district boundary, or a religious institution, public park or educational in- stitution. It has been suggested that a 500 foot minimum distance separate the adult entertainment business from these uses rather than the 1,000 foot distance which is contained in the temporary legislation . The 1,000 foot distance limitation • -2- between adult entertainment or service .facilities would still • pertain. Ms. Powers stated that the U.S. Supreme Court has up-held the 500 foot limitation in a test case in Detroit, Michigan, with the 1,000 foot limitation between similar uses. City Attorney DeWitt has done further research on this matter, and has suggested that the permanent legislation proposed for the City of Englewood adhere to the restrictions upheld by the Supreme Court. The Non-conforming Use section remains as it is written in the existing temporary legislation, requiring that adult entertainment centers which become non-conforming by enactment of the permanent legislation have 180 days to cease operation at that particular location. The proposed amended definitions have been clarified and expanded. Ms. Powers stated that she understood the City Council proposes to enact this legislation as an emergency ordinance. Ms. Powers stated that if this permanent ordinance is enacted, the adult book store located in the 4300 block of South Broad- way would have to relocate because it will become non-conforming because of its proximity to the residential district. The pro- posed ordinance would not affect the adult entertainment use on South Santa Fe Drive at Dartmouth. Ms. Powers discussed an attitude survey which has been con- ducted by the Department of Community Development in an attempt to determine the impact of business and industrial uses on residential areas in terms of traffic, noise, crime, etc. • This survey was undertaken in an effort to gain information to be used in the revision of the Comprehensive Zoning Ordinance. Any information that might pertain to the impact the adult entertainment businesses have had on residential neighborhoods will be pulled out of this study and compiled for the information of the Commission. This information will be available for the next meeting, as well as a synopsis of what other cities have done regarding adult entertainment uses. Ms. Powers stated that statistical information regarding blight, crime rate, etc. from other cities is rather scarce, but the City of Los Angeles has done a study which does analyze the sociological impact of the adult entertainment businesses on residential neighborhoods; this will be summarized for the Commission, also. Discussion ensued . Members of the Commission expressed con- cern over the 500 foot rule , which would allow an adult en- tertainment use to be located in certain sections of the downtown area. Mr. McBrayer asked for clarification of the reason the 1,000 foot limitation was decreased to 500 feet? Ms . Powers reiterated that the 500 foot limitation between the adult entertainment business and schools, churches, public parks and residential districts has been upheld by the Supreme Court. The attitude survey conducted by the Planning Division was discussed and Mr. McBrayer asked how much emphasis was being placed on the responses to this survey? Ms. Powers stated that only responses which directly pertained to problems I r • • I created by the adult entertainment use would be pulled out of the survey for reference at this time. -3- Mr . Tanguma stated that he felt there had been sufficient con- cern expressed by the residents of Englewood to justify adhering to the 1,000 foot limitation. Mrs. Becker asked if the 1,000 foot rule had not been upheld? Ms. Powers stat ed that the 1,000 foot distance had not been tested. Ms. Powers asked if the main concern of the Commission was the possible location of an adult entertainment business in the downtown area? The plans for the redevelopment of the downtown area and the impact of adult entertainment businesses on existing and proposed development were discussed. It was suggested that a larger scale map of the downtown area be used to more accurately depict the boundaries of the proposed 500 foot rule. Ms. Powers stated that the staff would discuss the concerns of the Planning Commission with City Attorney DeWitt, and that a larger scale map would be developed for the down- town area. Discussion ensued. It was determined that the Commission would meet at 6:30 P. M. on May 19th. The Public Hearing on the adult entertainment ordinance is scheduled for 7:00 P. M. on that date. Mrs. Pierson questioned the definition of "Massage Parlor". She stated that she knows a masseuse who works with a pro- fessional therapist and under the definition as presently written, this individual could not continue her work. Mrs. Pierson stated that she did not know whether therapists had to be licensed or not, and it would appear from this definition that a therapist would not be included in the category of physicians, surgeons, doctors, etc. Ms. Powers stated that she would check this out with City Attorney DeWitt. IV. PUBLIC FORUM. No one was present to address the Commission. V. DIRECTOR'S CHOICE . Ms . Powers stated that City Council has agreed to place an ordinance on the agenda for May 18th, to set aside up to $2,500 to finance the seminar on the Permit System which will be con- ducted by Mr . Kirk Wi c ke r sham. The City Council determined that thi s seminar shoul d be geared to the problems and situations in Engl ewood . Mr. Wickersham has suggested the dates of June 5th or June 26th; he will not conduct the seminar on a Saturday . The staff would recommend that Friday, June 26th, be selected as the date for the seminar . This would be an all-day session. Ms. Powers asked if any members of the Commission could not attend on June 26th? Mrs . Pierson stated that she would not -4- be in town that date. Discussion ensued. Ms . Powers and Mrs . Romans indicated they would check with Mr. Wickersham to deter- mine if he would be available on July 10th. Ms. Powers stated that Mr. McCown, Mr. Wanush, Mr. Waggoner and she had attended a workshop with representatives of Design Workshop, Inc., in Aspen on May 1 and May 2. She stated that the matter of flooding potential in the downtown area is a serious problem and that the means of eliminating or decreasing this potential hazard could cost in the neighborhood of $8,000,000 to $9,000,000. Until this flooding problem is solved, it would appear that new construction will not be a reality. VI. COMMISSION'S CHOICE. Mr. Tanguma expressed his appreciation to the Commission for choosing him to attend the APA Conference in Boston. He stated that he found the trip to be very interesting and informative; he stated that he had some slides that he had taken while on the trip, and he would hope to make a complete report and presentation at the next meeting. The meeting adjourned at 7:50 P. M. • • I