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HomeMy WebLinkAbout1981-12-15 PZC MINUTES• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 15 , 19 81 I. CALL TO ORD ER. 5 A The Spec i a l Meeting of the City Planning and Zoning Commission was called to order by Chairman Judith B. Pierson at 5:35 P.M. in Conference Room A. Memb ers pre sent: Senti, Tanguma, Barbre, Becker, Carson, Draper, McBrayer , Pierson Members ab sent : Also present: Powers, Ex-officio Allen Assistant Director Dorothy A. Romans Senior Planner Susan T. King Assistant City Attorney Thomas V. Holland II. FIND INGS OF FACT Nonco nforming Use Time Extension 4370 South Broadway CASE /116-81 The Finding s of Fact pertaining to the request for a time extension for operation of a nonconforming use at 4370 South Broadway were considered by t he P lann ing Commission members. Following the reading of the Findings of Fact, Chairman Pierson asked if the Comm ission had any questions regarding the Findings of Fact? Mr. McBra yer questioned Mr. Holland whether the Commission could consider "hear say " evidence that was brought forth in the Hearing? Mr. Holland stated t h a t the Commission, as an administrative body, could consider hear say evidence, but that a Court of record usually may not. Mr. Holland further s tated that in making quasi-judicial decisions, the body that hears the case is responsible for determining the facts in the case. Mr. Hol land discussed that conflicting testimony was presented at the Public He ar ing on December 8, 1981, on the applicant's request for an extension o f time to operate the nonconforming Adult Center at 4370 South Broadway. The Commission has the responsibility to determine what weight shall be g i ven e vidence to be included in the Findings of Fact. Mr. Holland stated tha t i n making Findings of Fact, the Commission is not limited to evidence specifically presented before them; that Findings of Fact can be based on logica l inference of what has been heard in testimony. Mr. Holland stated that inferences from evidence are permissible to include in the Findings of Fact. Mr . McBrayer questioned that some of the testimony of Investigator Miller was pertinent to the case. Mrs. Becker stated that she felt this testimony did establish the character of the operator/manager of the Adult Center . Members of the Commission discussed the evidence resulting from the hearing in order to determine appropriate inclusions in the Findings of Fact. Transcript of the hearing and exhibits was ref erred to in the discussion of certain issues. -2- Mrs. Pierson stated that it should be noted for the record that Commission Member Milton Senti had read a copy of the tran scr ipt of the proceedings of the Public Hearing for that period o f the Hea r i n g t h at he had been un- able t o attend. Draper moved: Tanguma seconded: The Fin dings of Fact on Cas e #16-81 be approved as written. AYES: Tanguma, Barbr e, Becker, Car s on , Draper, McB ray e r, Piers on, Senti NAYS: None ABSENT: Allen The motion carried. There was a quest i on on the newsp a per report of the lawsuit filed a g ains t the City. Mr. Hol l and stat ed that the lawsuit filed by Rocky Mountain Acquisitions, Inc., agai nst t h e City, which was served on th e Ci t y ear lier this date, has been fil ed in Federal Court, b ut that the Planning Commi ss i on was not a defendant . Mr . Ho lland c ommented that City Council has aut h or iz e d the legal staff to t a ke measur e s to support the Comprehensive Zonin g Or d i - nance. As a result of the Commission's decision and of this authorization , he probably will b e f i ling a suit against the Adult Center/Rocky Mountain Acquisit i ons, Inc ., to enforce the Zoning Ordinance and require the re- location of the bus ines s . Discussion ensued. The City suit filed against Rocky Mountain Acq uisitions will be in State Court, and while both courts may have juri sd i ct i on over the matter, it will have to be determined which Court will hear t he case. Mr. Tanguma qu es t i oned the time frame on these lawsuits? Mr. Holland stated that time-wi se , it would probably be better in the Federal Court; the State Court docket has a large back-log. Mr. Tanguma aske d if there was anyway that the business could be forced to close now, without having to go through the lengthy court proceedings? Mr. Holland stated that this might be accomplished by injunctive relief thru the State Court, but that the time table is determined by the Court. Mr. Draper a s ked if there wo~ld be recourse to the landlord if the lease for the pr operty were to be renewed? Mr. Holland stated that there is no recourse at the present time; he stated that consideration might be given to amending the Comprehensive Zoning ordinance to prohibit property own e rs leasing to owne r s/operators of such nonconforming uses. Discussion on the lawsuit filed against the Cit~ by Rocky Mountain Acquisition , Inc., ensued . Ms. Powers asked why the suit names John Doe I and John Doe II? Mr. Holland stated that this is a means to sue people whose names are no t known, but may be brought into the suit at a later time. Ms. Pi ~rso n stated that the next meetings of the Commission will be January 5th and J anuary 19th. Ms. Powers stated that Public Works Director Wag g oner will ma k e a presentation on Little Dry Creek at the meeting of January 5 t h, and the EDDA Board members have been invited to attend. A Public Hearing on the Si gn Code is scheduled for January 19th. Mrs. Romans stated that a meeting with the members of the Littleton Planning Commission has been scheduled for February 16th. -3- The meeting adjourned a.t 6:10 P.M. CITY PLANNING AND ZONI NG COMM I SSI ON ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 16-81,) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELA TING TO ) A REQUEST FOR AN EXTENSION OF ) TIME TO CONTIN UE TO OPERA TE A ) NONCONFORMING USE AT 4370 SO UTH ) BROADWAY PURS UANT TO SECTION ) 22.6-11 OF THE COMPREHENS I VE ) ZONING ORDINANCE, ORD I NANCE NO. ) 26, SERIES OF 1963, AS AMENDED, ) CITY OF ENGLEWOOD, COLORADO. ) A Hearing was held in connec tion with Case No . 16-81 on December 8, 1981, in the City Coun c i l Ch ambe rs of the Englewood City Hall. The following members of the Ci t y Pl ann ing and Zoning Commission were p r esent: Mr. Allen, Mr. Barbre , Mrs. Becker, Mr . Carson, Mr. Draper, Mr. Mc Brayer, Mrs. Pierson, Mr. Se n t i and Mr . Tanguma. Mr. Senti was excused fr om t h e meeting at 9:10 P. M. The hearing was upon th e application of Mr. Michael Deckard (as agent for Roc ky Moun t ain Acquisitions) for a 180 day extension of the amortization time period under the Comprehensive Zoning Ordinance of the South Broadway Adult Center, 4370 South Broadway, Englewood, Colorado. The Adu l t Cent e r was present through Mr. Deckard and represented by Kay Rice, Esq. o f the law firm of Arthur M. Schwartz, P.C. FINDINGS OF FACT Upon revi ew of the evidence taken in the form of testimony, presentations, reports an d filed documents, the City Planning and Zoning Commission makes the fol lowing Findings of Fact: 1 . Th a t proper notice of the Public Hearing was given by posting of the pr op e rty at 4370 South Broadway, giving the time, date and location of the Pu b lic Hearing and the matter to be considered by the publication of a No tice of Hearing in the Englewood Sentinel, the official City news- paper, g ivin g the time, date and location of the Public Hearing, and the matter t o b e considered. 2 . Th a t upon the recommendation of the City Planning and Zoning Comm is s i on, the City Council adopted a Comprehensive Plan for the City of Eng l ewoo d by Resolution No. 49, Series of 1979, on December 3, 1979, and t h at 113 Englewood citizens actively participated in the development of t h at Plan. 3. Th a t in approving the Comprehensive Plan, the City Council adopted certain Goals for the City, which Goals affirm the desire of the citizens of Englewood to, inter alia: • -2- Maintain the residential neighborhoods as the cornerstone of our community. Provide the environment necessary to maintain a stable community. Insure a balance among the residential, industrial and commercial areas of the City. Develop a balanced commercial district which will attract new businesses to Englewood. Permit additional uses in specific commercial areas which will complement the character of the area and permit combinations of uses in commercial areas which will encourage and facilitate major redevelopment. 4. After hearings before the City Planning and Zoning Commission on January 27, 1981, and before the City Council on February 5, 1981, with full opportunity for all interested persons to present evidence, the City Council, based upon legislative findings made by the Planning and Zoning Commission and City Council, adopted Ordinance No. 21, Series of 1981, on February 5, 1981, which Ordinance amended Chapter 22, constituting the Comprehensive Zoning Ordinance for the City of Englewood, Colorado, Ordinance No. 26, Series of 1963, as amended, by adding Sections 22.4-lOh, 22.4-llh, 22.4-13k and 22.14-i, restricting the establishment of adult entertainment businesses as defined therein, in certain areas of the City of Englewood. 5. That following public hearings before the City Planning and Zoning Commission on May 19, 1981, and before the City Council on June 1, 1981, and based upon legislative Findings of Fact by those bodies, Ordinance No. 44, Series of 1981, was passed by the City Council, which Ordinance amended Chapter 22 of the Comprehensive Zoning Ordinance, Ordinance No. 26, Series of 1963, as amended, by defining adult uses, establishing zoning limitations on the location of adult uses, and providing for the termination of Nonconforming Uses with 180 days, unless extended by the Planning and Zoning Commission. 6. That in adopting Ordinance No. 44, Series of 1981, the City Council adopted the legislative findings of the Planning and Zoning Commission concerning said proposed ordinance, and made extensive findings, including: a. In recent months there has been a growing concern on the part of public officials and residents of the City of Englewood regarding the appearance of a blighting and de- grading effect upon certain neighborhoods of the City from the establishment of sex-oriented adult uses in such neighborhoods; and b. In order to prevent the further concentration of such adult uses and to protect the character of the City's neighborhoods, it is necessary to disburse said uses and restrict their location near residential neighborhoods; and • • -3- c. There is a compelling interest of the City of Englewood that a permanent adult use zoning ordinance be enacted in order to preserve the public health, safety, general wel- fare and peace by regulating adult uses in such manner as to prevent their further concentration and the continual erosion of the character of affected neighborhoods of the City. That the City Council enacted Ordinance No. 44 as a reasonable response to the legislative facts found. 7. That under the provisions of Ordinance No. 44, Series of 1981: a. No adult entertainment or service facility shall be located on any site unless such site is not less than: (1) 1,000 feet from the location of another such adult entertainment or service facility; and (2) 500 feet from the boundary line of any residential area as defined in the Comprehensive Zoning Ordinance, Ordinance No. 26, Series of 1963, as amended, including but not limited to R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-3, or R-4, or a similar residential zone district in an area adjoining the City of Englewood, or any religious institution, public park, public library, community center, or educational institution, whether within or without the City of Englewood. b. Any person, persons or corporation wanting to establish an adult entertainment or service facility within the City of Englewood, must apply to the City Planning and Zoning Com- mission for approval of such use at a specific location under the provisions of a Conditional Use and that the location of such proposed use must comply with the afore-cited distance limitations. c. The right to maintain any adult entertainment or service facility in existence on the effective date of Ordinance No. 44, Series of 1981, ceased 180 days from the effective date of the adoption of Ordinance No. 44, Series of 1981, unless an extension of the use is granted by the City Planning and Zoning Commission. d. The City Planning and Zoning Commission may extend the non- conforming use for a period of 180 days upon a showing of unnecessary and substantial hardship by the person requesting the extension and that no more than three extensions may be granted. e. A nonconforming adult entertainment or service facility shall cease to be located and shall no longer be operated or main- tained within the prohibited zone districts after the initial 180 day period and three extensions thereof, if such extensions are granted by the City Planning and Zoning Commission. • • -4- 8. That the Adult Center is located immediately adjacent to residential property, near other residential property, within 500 feet of two churches, and so is in a location not permitted by the Comprehensive Zoning Ordinance. 9. That in considering a request for an extension of time under the provisions of Section 22.6-11 of the Comprehensive Zoning Ordinance, Nonconforming Uses Terminated Within 180 Days, the person requesting the extension must show that unnecessary and substantial hardship would exist were the business to cease operation in the prohibited location in com- pliance with Ordinance 44, Series of 1981; and the Commission has considered the following elements as relevant to establishing unnecessary hardship: a. Whether the property can yield a reasonable return if used for a permitted use within the zone district. b. Whether the plight is due to unique circumstances of the owner or not to the general conditions of the neighborhood. c. What type of impact the use has upon the essential character of the locality. 10. That on June 15, 1981, a letter was sent to Gary Wichert, President, Rocky Mountain Acquisitions, Inc., 3541 South Jasper Way, Aurora, Colorado, 80011, giving notice that the business would have to cease operation in its present location on or before November 30, 1981, and that his firm could apply for a 180-day extension of that time, a copy of which letter was sent to Mr. Deckard, agent for Rocky Mountain Acquisitions, Inc. 11. That Michael Joseph Deckard, agent for Rocky Mountain Acquisitions, Inc., dba the Adult Center at 4370 South Broadway, maintaining that the Adult Center at 4370 South Broadway was in operation on June 3, 1981, the effective date of Ordinance No. 44, Series of 1981, has applied for a 180- day extension of the time limitation imposed under Section 22.6-11 and Section 22.4-11 h.l.(a) of the Comprehensive Zoning Ordinance, Adult En- tertainment and/or Service Facility. 12. That Deckard, in the application for the 180 day extension of time, alleged as reasons for the extension request that an investment of approximately $50,000 had been made by the owners to-date; that there would be difficulty in being released from obligations of the lease; that it was difficult to secure a new location and acquire necessary permits, do remodeling and move equipment. Deckard presented testimony in support of his request. 13. That the Adult Center at 4370 South Broadway is within the B-2, Business Zone Classification, and that there is an area zoned R-2, Medium- density Residence, used for residential purposes, adjacent to that prop- erty immediately to the east and less than 240 feet to the west. 14. That there are two religious institutions within 500 feet of the property at 4370 South Broadway. 15. That other businesses in the adjacent commercial area include those which provide services, such as barber and beauty shops and dry cleaners, printing shops, a feed supply store, a variety goods store, professional offices, and a financial institution. • -5- 16. The City of Englewood, with about 30,000 inhabitants, is a small town within a metropolitan area; residential use is predominant in Englewood, comprising about 63 percent of the area of the City, and it is desired to maintain that characteristic; the commercial areas are Cinderella City, a large multi-million dollar retail shopping area which offers a broad array of retail outlets which are compatible with the make-up of the community and satisfy the shopping needs of the residents; the adjacent central business district and medical center provide necessary services and health facilities to the citizens of the area; the industrial uses are of the light manufacturing type and provide work for many of the residents. Family and religious values are of paramount importance to the citizens of Englewood, and the maintenance of a strong educational program, a viable, thriving commercial area and major redevelopment of that area are important goals for the City. 17. That children as young as eight years old, and adults in the neighborhood adjacent to 4370 South Broadway have found explicit materials deposited in the alley and in their yards which are attributed to and have been identified as having come from the Adult Center at 4370 South Broadway, which pictures have depicted, illustrated, and related to specified sexual activities; a picture found by one eight year old child and taken to his parent for an explanation depicts, in sequence, a nude couple engaged in fellatio; and these explicit materials are deemed to have a blighting and harmful effect upon the neighborhood, and the adult and children residents who may be exposed to this material. 18. The evidence demonstrates an impact on the neighborhood since the Adult Center opened on or about December 1, 1980, including an in- crease in the number of prowlers, voyeurs, young girls and boys being ap- proached by persons unknown to them, and the nature of the crimes reported signify that violent crimes and the incidence of prostitutes and prostitution are associated with the existence of the Adult Center. 19. That the area in the vicinity of 4370 South Broadway is made up of families and service-oriented businesses; 20. That attributable to persons patronizing an adult center are acts of vandalism and disturbance which have occurred at a nearby church. Those acts include damage to and theft from cars parked in the church lot, the intrusion of transient and undesirable persons into the church building, and the need to provide protection to women working within the church. 21. That businessmen in the surrounding area established that the nearby location of the Adult Center negatively motivates customers to shop at their businesses; that said businessmen perceive a negative in- fluence upon their business and property value because of the proximity of the Adult Center; that said businessmen are unwilling to make capital investments in their businesses to revitalize them or to develop new businesses in the proximity of the Adult Center because of the negative impact of the Center upon businesses in the area. -6- 22. That the City of Englewood is especially dependent upon a thriving and active business community for its revenues. That the City has begun a downtown development program, a revitalization program in all areas of the city, and proposed a new Sign Code to modernize and encourage business de- velopment within the City; that the blight caused by this adult use or other adult uses located within a commercial area targeted for revitalization by the City will have only a harmful and possibly devastating effect which will impair the business and economic goals of the City, and may prevent the City from securing sufficient operating revenues if business blight is caused. 23. The Adult Center is located within a B-2, (business) Zone District on the east side of Broadway (the City's main street) between Quincy and Radcliff Avenues; permitted uses therein are one hundred six uses permitted in the B-1 District, plus fourteen additional uses; the Commission takes ad- ministrative notice of these one hundred twenty permitted uses within the B-2 Business District, and notes the permitted uses include: appliance stores, business machine stores, drug stores, electric contractor shops, furniture stores, hardware stores, home furnishing stores, liquor stores, paint and wallpaper stores, and shoe stores, to name a few. 24. The location at 4370 South Broadway would support and give a reasonable return from a permitted moderately extensive retail business or service-oriented business. Those type businesses would be consistent with the area's business identity and would be complementary and rein- forcing to the marketing identity of the area. 25. This area was zoned commercial with adjacent residential zoning in 1955; the area supports both residential uses and small service-oriented businesses; the essential character of the neighborhood has remained un- changed for the most part since that original zoning. 26. The only other nonconforming uses which exist in the zone are residential uses within the commercial zone; there is no other use similar to the Adult Center use in the surrounding area. 27. At the time Deckard leased this building, he misrepresented, expressly or implicitly, to the owner that a carpet and upholstery shop would be the use made of the property; at the time the April 23, 1981, improvements adding 14 additional movie booths and an area for nude dancing to the building were undertaken by Deckard, he had knowledge of the amended zoning ordinance which prohibited expansion of the adult use; presuming Deckard's asserted value is correct, about 80% of the value of the capital items of the Adult Center are those which are easily movable to a new location without loss of value: movie supplies and projectors -- value about $25,000; private viewing booths --value about $6,000; books and magazines --value about $6,500; other costs such as attorney's fees of $5,000 continue in valuation at a new location and are not specifically attributable to this location. The Commission notes that Building Permits show $5,800 as the value of improvements to the Adult Center. 28. The Adult Center has been in operation for more than one year at this prohibited location and has recouped that portion of its original in- vestment (which cannot be moved) by its profitable operation over the last few months; most of the investment can be put to use at a permitted loca- tion; applicant is involved in adult uses businesses in other cities and should be able to obtain whatever financing is needed to relocate; the • • -7- lease agreement of the Adult Center is terminable in November, 1982, and applicant is not legally obligated thereafter. 29. That applicant, Deckard, although requested to do so by the City Planning and Zoning Commission, presented no financial statements, records $ or documents relevant to the financial aspects of the applicant's claim of unnecessary or substantial hardship, were the business as the Adult Center to cease operation and relocate in conformance with Ordinance No. 44, Series of 1981. 30. That there are approximately 700 acres of land within the City of Englewood which are zoned for commercial and business use in which an adult entertainment and/or service facility can be located if approved as a Conditional Use by the City Planning and Zoning Commission, and this area is approximately 15% of the area within the City of Englewood. 31. The applicant did not show and the Commission finds that there were not unique circumstances which would favor granting this applicant an extension; there were no unique characteristics of the building with- in which the applicant is located to favor an extension, the zoning ordi- nance applies equally to all within that zone area to prohibit adult es- tablishments within the locational zones. 32. The Commission finds that Deckard's veracity is open to serious question based upon the following conflicts in evidence: Deckard stated no nude dancing occurred at the Adult Center --two reliable witnesses' testimony indicated nude dancing did occur; Deckard indicated he had made no representations to the owner concerning use of the premises at the time of rental --a business card which he gave to the owner clearly states or implies that the building was to be an auto and home upholstery shop; Deckard indicated he was obligated to lease the premises for a six-year term --the lease shows his legal obligation ends in November, 1982. 33. That the Comprehensive Plan for the City of Englewood, Colorado, the minutes of the Planning Commission and City Council and Findings of Fact and Conclusions relevant to the consideration of Ordinance No. 21 and Ordinance No. 44, both Series of 1981, the Adult Entertainment Business Survey dated May 4, 1981, together with Ordinance No. 44-81, and other documents submitted by witnesses appearing at this Hearing, were entered into and made part of the record of this Hearing, and referred to by the Commission as appropriate. The Commission has also considered the testimony, if relevant, of other witnesses who appeared at this Hearing. CONCLUSIONS 1. That proper notice of the Public Hearing was given in compliance with the .directions of the City Planning and Zoning Commission by posting the property at 4370 South Broadway, and by legal notice in the official City Newspaper. 2. That all persons present who wished to aqdress the Commission did so and counsel for the applicant, Michael Deckard, had an opportunity to examine all persons giving testimony. • • -8- 3. That there were no unique circumstances existent which would favor granting an extension of time to terminate this nonconforming use. 4. That the Goals for the long-range planning for the desired development for ~he City of Englewood, Colorado, were developed by citizens of this community and were approved by the City Council by Resolution No. 49, Series of 1979, upon the recommendation of the City Planning and Zoning Commission and recorded in the office of the Arapahoe County Clerk and Recorder. That the Adult Center has a negative impact on relevant goals because it does not tend to maintain a balance of commer- cial uses which will attract new businesses and it does not provide the environment necessary to maintain a stable community. 5. That testimony demonstrates that secondary effects of the Adult Center have occurred in the adjacent neighborhood since the opening of the Adult Center at 4370 South Broadway, which lead to the conclusion that type of business has a negative impact upon the family-oriented residential character of that area. 6. That negative impact was exemplified by increased acts of vandalism to nearby churches, an adverse impact upon the small children of the area, a significant change for the worse in the types of criminal activity located in the area. 7. An adverse impact upon nearby businesses was demonstrated in the form of lower property values, decreased patronage, the unwillingness of businessmen to reinvest in the area, and the contrariness to the economic development efforts of the City. 8. That evidence was presented that the applicant continued to expand the facilities at 4370 South Broadway, after an amendment to the Comprehensive Zoning Ordinance prohibited such uses at that location and such expansion violates the Comprehensive Zoning Ordinance. 9. That, if indeed there be any hardship in complying with the provisions of Ordinance No. 44-81, it completely or partially has been self-created by the actions of the owners and representatives of Rocky Mountain Acquisitions, Inc., dba the Adult Center, 4370 South Broadway, who have acted in full knowledge of pending controls. 10. That evidence presented by the applicant did not document or substantiate the claim of unnecessary and substantial hardship for a 180 day extension to be granted by the City Planning and Zoning Commission. Other evidence established to the contrary. 11. Nothing about the property precludes its use as one of the per- mitted principal uses in the B-2, Business Zone District, and that a reasonable return could be gained from such permitted use, as, for example, a use as a business machine store, a hardware, a drug store, furniture store, a shoe store, or some other moderate retail or service-oriented business. 12. That the Adult Center located at 4370 South Broadway, is within 500 feet from two churches and areas zoned for residential use, and therefore prohibited at its location by the Comprehensive Zoning Ordinance. There are locations within 15% of the total City area where the Adult Center could re- locate and still retain access to whatever market exists for "adult" films, magazines and nude "dancing", within the City. . ' -9- DECISION Therefore, it is the decision of the City Planning and Zoning Commission that the request of Michael Joseph Deckard for a 180-day extension of the time limitation placed on the Adult Center, 4370 South Broadway, by Ordinance No. 44-81, be denied because the unnecessary and substantial hardship standard for granting an extension does not exist. Upon the vote on a motion made by Mr. Carson, and seconded by Mr. Tanguma at a meeting of the City Planning and Zoning Commission on December 8, 1981. Those members voting in favor of the motion: Mr. Allen, Mr. Barbre, Mrs. Becker, Mr. Carson, Mr. Draper, Mr. McBrayer, Mrs. Pierson and Mr. Tanguma. No members voted in opposition to the motion. Mr. Senti was absent at the time the votes were cast. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION . ..-v--n~-~/ll .. EXHIBITS MADE PART OF RECORD OF PUBLIC HEARING ON CASE #16-81, TERMINATION OF NONCONFORMING USE AT 4370 SOUTH BROADWAY. December 8, 1981. 1. Staff Report -Case #16-81. 2. Application for Extension of Time for Nonconforming Use. Rocky Mountain Acquisitions, Inc., Applicant. 3. Certification of Posting of subject property -4370 South Broadway. (two certifications) 4. Notice of Public Hearing published in Englewood Sentinel --published November 18, 1981. 5. Building and Electrical Permit Applications pertaining to 4370 South Broadway. 6. Lease between Rocky Mountain Acquisitions, Inc., and Robert Schear for property at 4370 South Broadway. 7. Comprehensive Zoning Map (on the wall of the City Council Chambers). 8. Land Use Map of subject block. 9. Map of areas which would permit adult entertainment/service facilities. 10. Comprehensive Zoning Ordinance, 1963, as amended. 11. Comprehensive Plan, 1979. 12. Adult Entertainment Business Survey -May 4, 1981. Planning Division 13. Police Department Evidence pertaining to 4370 South Broadway. a. Case, #81-18813 b. Case #81-26386 c. Report by Dave Miller, date of 11/21/80 d. Copy of business card for Auto & Home Upholstery Shop e. Case #81-12441 f. Case #81-23688 g. Case #81-21138 h. Case #81-18813 i. Case #81-27043 j. Case #81-24045 k. PD Statement Form -Case #81-27043 (Randall J. Moore 1. PD Statement Form -Case #81-27043 (Wm. D. Freeman) m. PD Statement Form -Case #81-27043 (Wm. D. Freeman) n. PD Statement Form -Case #81-27043 (Mar~ G. Marconi) o. PD Statement Form -Case #81-27043 (Gaylen J. Braswell) p. Officers Statement Form -Case #81-27045 (W. L. Granger) q. Officers Statement Form -Case #81-27043 (Collins, John M.) r. Officers Statement Form -Case #81-27045 (M. P. Dailey) s. Officers Statement Form -Case #81-27043 (D. L. Baker) t. EPD Investigation Progress Report -Case #81-27043 u. Advisement of rights -Randall James Moore . .. "" ..... • Page 13. 14. 15. 16. 17. 18. 19. 20. 21. 22,' -2- v. w. x. y. z. aa. bb. cc. dd. ee. ff. gg. hh. ii. jj. kk. 11. mm. nn. oo. pp. Randall James Moore -list of previous charges and convictions. Property Evidence Report -Randall James Moore Case #81-27045 Property Evidence Report -Randall James Moore Case #81-27045 Consent to Search -Randall Moore Consent to Search and Seize -Randall J. Moore Information on Randall James Moore Voluntary Statement -L. C. Vaccarello Consent to Search and Seize -L. C. Vaccarello Property Evidence Report -Lynn Vaccarello -Case #81-27045 Property Evidence Report -Lynn Vaccarello -Case #81-27045 Property Evidence Report -Lynn Vacarello -Case #8127043 Operational Checklist -#81-27045 Receipt from Lucky U Motel -Chris Vaccarello Intoxilyzer Test Record -Lynn Vaccarello Advisement of Rights -Linda Jean Watson Case #81-27043 Special Report -Case #81-27043 EPD Results of Laboratory Investigation -Wm. D. Freeman -Case #81-27045. Statement by W. Freeman -11/18/81 Investigation Progress Report -Case #81-27043 CBI Report -re Sue Ann Morgan Report on Linda Jean Watson Planning Commission Minutes of January 27, 1981. Planning Commission Minutes of February 3, 1981. Findings of Fact pertaining to Case No. 1-81 Planning Commission Minutes of May 19, 1981. Planning Commission Minutes of May 26, 1981. Findings of Fact on Case B-1-81. City Council Minutes of February 5, 1981. City Council Minutes of May 4, 1981. City Council Minutes of June 1, 1981. 23. Letter to Mr. Gary Wichert, President, Rocky Mountain Acquisition, Inc. Dated June 15, 1981. 24. Letter to Mr. Gary Wichert, President, Rocky Mountain Acquisition, Inc. Dated July 7, 1981.