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HomeMy WebLinkAbout1981-01-27 PZC MINUTES• • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION January 27, 1981 I. CALL TO ORDER. The special meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Judith B. Pierson. Members present: Barbre, Williams, Tanguma, Senti, Pierson, McBrayer, Draper, Carson, Becker Romans, Acting Ex-officio Members absent: None Also present: City Attorney DeWitt; Associate Planner Barbara Young; Police Chief Holmes Mrs. Pierson stated that there is only one item on the agenda for the special meeting this evening, and that deals with the proposed amendment of the Comprehensive Zoning Ordinance. She noted that a sign-up sheet is being circulated, which would indicate those persons who wished to address the Commission. She asked that this be presented to the Commission upon completion. Mrs. Pierson introduced Mr. Rick DeWitt and announced that appointed as the City Attorney for the City of Englewood. stated that she understood that Ms. Susan Powers, Director Development, would not be present because of illness. he was recently Mrs. Pierson of Community Mrs. Pierson stated that members of all boards and commissions are appointed by the City Council, and that any member of the audience who would be in- terested in serving on any board or commission should make application to the City Manager's office, who would then forward the applications to the City Council for their consideration. She noted that the applications for the vacancies that would occur on February 1 are closed, but that vacancies do occur throughout the year and persons should indicate if they are interested. II. COMPREHENSIVE ZONING ORDINANCE CASE 111-81 §22.4-10, B-1 Business District §22.4-11, B-2 Business District §22. 4-13, I-1 Industrial District §22.4-14, I-2 Industrial District §22.6-11, Non-Conforming Use Carson moved: Barbre seconded: The Public Hearing on Case #1-81 be opened. AYES: Becker, Barbre, Williams, Tanguma, Senti, Pierson, McBrayer, Draper, Carson NAYS: None The motion carried. -2- Mrs. Pierson asked for the staff report, after which presentation the Planning Commission will be allowed to ask questions of staff; the Com- mission will then get into comments from the City Attorney and other individuals. Mrs. Dorothy Romans was sworn in, and testified that she resides at 3600 South Bannock Street, Englewood, Colorado, and is the Assistant Director of Community Development in the Planning Division. Mrs. Romans presented a copy of the certification of Public Notice which appeared in the official City newspaper on January 7, 1981, to the Recording Secretary for the record. A copy of the staff report, which was sent to the Planning Commission on January 23rd, was also presented to the Recording Secretary for the record. Mrs. Romans stated that she would review the proposed amendments to the Comprehensive Zoning Ordinance, and point out what the amendments are in- tended to accomplish. Mrs. Romans stated that the sections of the Compre- hensive Zoning Ordinance which are to be considered for amendment are §22.4-10, B-1 Business District; §22.4-11, B-2 Business District; §22.4-13, I-1 Industrial District; and §22.4-14, I-2 Industrial District. Also pro- posed is the addition of a new subsection to §22.6, Non-conforming Uses, which proposed subsection would require the termination of any adult entertainment business not in conformance with the proposed amendments to §22.4-10, §22.4-11, §22.4-13, and §22.4-14, within 180 days following finalization of the proposed amendments. Mrs. Romans called attention to the Comprehensive Zoning Map on the wall of the City Council Chambers, and indicated which areas were designated for residential use, which areas are for business development, and which areas are for industrial development. Mrs. Romans stated that the proposed amendments of §22.4-10, §22.4-11, §22.4-13 and §22.4-14 of the Comprehensive Zoning Ordinance would provide that there be no less than 1,000 feet between any one adult entertain- ment use and the property line of another such business, and that no adult entertainment business would be permitted within 1,000 feet of the property line of any church, school, park, playground or public building, or within 1,000 feet of any property zoned R-1-A, R-1-B, R-1-C, R-2, R-2-C; R-3, or R-4. The following sections, §22.4-10, §22.4-11, §22.4-13, and §22.4-14, will be amended to include a Legislative Declaration, Purpose, Definitions, and a Prohibition. A moratorium on the establish~ ment of an adult entertainment business would be imposed for six months or until such time as a permanent "adult entertainment" ordinance is adopted, whichever would occur first. Mrs. Romans noted that the term "establishment" of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses described in §22.4-10 h (3). Using an overhead projector, Mrs. Romans and Associate Planner Barbara Young displayed maps showing the areas of the City that are zoned for commercial and industrial use at the present time, and where the adult entertainment uses could locate under the present regulations. An over- lay which indicated the location of all schools, public buildings, parks, playgrounds, and churches was indicated, as well as the location of all the residential zone districts. By imposing the 1,000 foot limitation • • • • -3- as proposed in the amendments to the Comprehensive Zoning Ordinance, an additional overlay was displayed indicating approximate areas where the adult entertainment uses could locate. These areas are generally along sections of South Santa Fe Drive, and an area in northwest Englewood. Mrs. Romans closed her presentation by announcing that the City Council will hold a Public Hearing on the proposed amendment of the Comprehensive Zoning Ordinance on February 5th at 7:00 P. M. Mrs. Pierson asked if members of the Commission had any questions of Mrs. Romans? Mr. Tanguma asked how the area on West Union Avenue was decreased from what had been projected previously? Mrs. Romans stated that the area indicated on this overlay takes into consideration such uses as the fire training tower and the Allen Filter Plant. Mrs. Romans stated that she did not really feel comfortable using these two uses as "public buildings", and she felt that further clarification with the City Attorney on this point is needed. Mr. Draper asked how the 1,000 foot limitation was arrived at, rather than using 2,000 or 3,000 feet? Mrs. Romans stated that she would defer to the City Attorney. Mrs. Pierson stated that the Commission would now ask for comments from City Attorney DeWitt. Mr. Rick DeWitt was sworn in, and testified that he is the Englewood City Attorney. Mr. DeWitt stated that the matter of the 1,000 foot limitation was a staff decision to make; the Courts have permitted distance limitations of 500 to 1,000 feet between the adult entertainment businesses and churches, schools, parks, playgrounds, residential districts, and other adult enter- tainment businesses. Mr. DeWitt emphasized that the important point to be considered this evening is the matter of the amendment of the Comprehensive Zoning Ordinance. Mr. DeWitt stated that the Planning Commission is dealing with the matter of "neighborhoods"; the needs of the neighborhoods, how they function now, and what the citizens of Englewood want for their neighborhoods in the future. He pointed out that the Commission must face the question of compatibility of the adult entertainment businesses with the neighborhoods. Mr. DeWitt stated that the City has residential areas that have been flourishing for many years, and an active business community. Mr. DeWitt stated that the problem that many people see is that of obscenity and pornography, but that is a question to be dealt with by other legislative bodies. The Planning Commission is to deal with the matter of zoning. Mr. DeWitt stated that City Council is to be con- sidering different ordinances that are concerned with the matter of obscenity and pornography. Mr. DeWitt stated that the City of Englewood does not have a "bad problem" right now, but the City Council felt that steps should be taken now to control the adult entertainment uses rather than waiting until the problem reaches serious proportions. Mr. DeWitt stated that the proposed amendments take into consideration proposals that have been considered by Courts, not necessarily in the State of Colorado. The proposed amendment would disperse the adult entertainment uses in an attempt to limit the effect of those uses as much as possible. Mr. DeWitt emphasized that the proposed ordinance amend- ments do not mean that the City of Englewood is "authorizing" adult en- -4- tertainment uses. Mr. DeWitt noted that, as stated in the proposed ordinance amendments, the "purpose is to establish the zoning for and location of sexually-oriented businesses and activities which: (a) are not a nuisance, and (b) do not violate the provisions of the Colorado Criminal Code regarding sexual conduct, obscene matter or harmful matter. Nothing in this section authorizes, legalizes or permits the establish- ment, operation or maintenance of any business, building or activity which violates any municipal ordinance or provision of the Colorado Criminal Code or Civil Code regarding nuisances, sexual conduct, obscene matter or harmful matter." Mr. DeWitt emphasized if such businesses are prohibited at the present time, the proposed amendments would not allow them. Mr. DeWitt stated that the Courts have approved of the concept of dispersing these uses and protecting residential neighborhoods. He pointed out that the City of Detro it used the 500 to 1,000 foot limitation in their ordinance, and in the suit filed against Coleman A. Young, Mayor of Detroit, by American Mini Theatres, Inc., the distance limitations were upheld. Mr. DeWitt emphasized that he feels zoning restrictions and controls are the only way to deal with this type of business. Mr. DeWitt then discussed the case wherein the Seattle, Washington, Courts upheld the imposition of a time limitation on non-conforming uses. Mr. DeWitt stated that this concept has been adopted by Colorado Springs in an attempt to eliminate adult entertainment uses which have become non- conforming, and that he is watching progress in that City quite closely. Mr. DeWitt also discussed the City of Jacksonville, Florida, which had serious problems with adult entertainment businesses. By refining their ordinances, they have been able to control the proliferation of the adult entertainment uses and the effect these uses had on the neighborhoods. He pointed out that the City of Jacksonville has been in court at least six times during the process. Mr. DeWitt stated that. the legal staff of the City of Englewood is willing to take whatever legal steps can be taken to assure that the community is not adversely affected by the adult entertainment uses. Mr. DeWitt pointed out that the City Council is talking about licensing as a means of control, in addition to criminal sanctions and zoning regulations. Mr. DeWitt stated that this ordinance is proposed as a "temporary" measure, and that the staff needs additional time to further study the facts on all the cases that Mr. DeWitt has previously cited. He also pointed out that there will be legislation before the state legislature during this session that will address the question of obscenity and pornography on a state- wide level and he would like an opportunity to review this before finalizing our ordinance. Mrs. Becker asked why the adult entertainment businesses have to be per- mitted in the City at all? Mr. DeWitt stated that it is not a question of "permission". He pointed out that in the Detroit case previously cited, • the Supreme Court had a very difficult time dealing with the question of • pornography vs. free speech. Mr. DeWitt pointed out that the Colorado State Supreme Court has twice struck down statutes dealing with obscenity and pornography on a state-wide basis. Mr. DeWitt stated that if the legislation is not "effective", it is not going to do any good. The Courts have stated that the adult entertainment uses may not be "totally • • -5- banned", and by using the zoning controls and dispersing the uses, it is felt that their impact on the community would be reduced. Mr. DeWitt emphasized that the zoning ordinance amendments would not deal with "illegal criminal conduct"; this would be handled under other codes. Mr. Tanguma questioned why the proposed amendments would be "temporary" rather than permanent? Mr. DeWitt reiterated that the staff needs addi- tional time to study the full facts on other cases. He stated that there may be new cases in Colorado, and he felt the staff should have the op- portunity to write the ordinance in such way that it will be as firm as possible. He stated that he wanted to work on a better definition of public buildings and public structures, and to have an opportunity to review more legislation from other communities. Mr. McBrayer asked why we are including the non-conforming use provision which would require relocation of a non-conforming use within 180 days if it is a possibility of being defeated in a Court case? Mr. DeWitt stated that he feels there is authority to do so from the case in Seattle, which set forth a 90 day time limitation. He stated that he would like an opportunity to do more research on this matter also, because the case gives some of the background, but not all of it. Mrs. Pierson announced that those persons wishing to address the Planning Commission should come forth to the podium, be sworn in, and give their name and address for the record. Mr. Donald L. R. Smith 3165 South Sherman Street -was sworn in, and stated that he would like to commend the Commission for their considera- tion of this matter. Mr. Smith stated that a great number of people had called him and asked him to speak to the Commission on this matter. Mr. Smith stated that he understood Mr. DeWitt's concern that the ordinance be written so that it will withstand tests in the Courts, and that the laws enacted must be "effective". Mr. Smith stated that he has reviewed the proposed ordinance would would suggest that the word "interim" be omitted from the legislative declaration section of the proposed ordinance before it is recommended to City Council. Mr. Smith stated that he realized a lot of law suits are filed in regard to the question of obscene material and that some are not acted on, and others result in the ordinances and statutes being struck down by the courts. Mr. Smith questioned that six months was long enough to really look into what needs to be done to control the adult entertainment businesses, and to enact whatever legisla- tion needs to be enacted. He pointed out that if this measure is approved as a "temporary" means of control, the Commission and Council will have to go through this process again in six months to enact a permanent legisla- tion. He asked what would happen if there were to be a time lapse --the six months had expired and the new legislation was not yet in effect? Mr. Tanguma asked Mr. Smith if he knew of any studies that have been done on the impact of this type of business on surrounding businesses and resi- dential uses? Mr. Smith stated that he has not done any such studies, but that he knows people who own property along East Colfax Avenue, and is aware of the impact they have experienced on their property from the adult entertainment businesses along this street. Prostitution has in- creased, as has the general crime rate around this area, and it has had an adverse impact on the rental property in the area. Mr. Smith pointed out that there is a massage parlor on South Broadway not too far from his -6- home, that "becomes very active when the sun goes down." He stated that in his opinion, the massage parlors, adult book stores, and othe r forms o f adult entertainment businesses encourage an increase in illega l act i vities: muggings, prostitution, etc. Mr s . Becker asked Mr. Smith whether he was in support of the proposed amendm ents to the Zoning Ordinance? Mr. Smith stated that he is in sup- port o f the proposed amendments. He stated that he would personally pre- fer t hat this type of business be banned from the City, but realized t h at the Cou r t s have ruled that the business cannot be banned. He stated that there i s no sense in passing laws that are not enforceable, and that he felt t he means of control through the zoning regulations could be enforced. Mr. Smith stated that he felt the City would be better off taking the legal ap proach that has been tried and approved in other areas. He pointed out that the 1,000 foot limitation results in a very small a rea of the City that would permit such type of businesses. Mr. Smith s t ated that he d oes support the proposed ordinance, but he suggests that the s i x mont h t emporary clause be removed. Mr. Smi t h asked that those individuals that asked him to speak be allowed to stand . Chairman Pierson asked those individuals to stand; a p proximately 30 -40 peo ple stood indicating that they had asked Mr. Smith t o speak on this matter . Mrs. Pierson asked Mr. DeWitt if there was a reason he chose t he s i x month temporary b a sis? Mr. DeWitt stated that he feels the additiona l research can be accomplished in six months. Mrs. Pierson asked how l ong it takes to get an o rdinance passed? Mr. DeWitt stated that approximately 60 days from the t i me of introduction to completion is required for p a s sage of an ordinance if it is not done on an emergency basis. He acknowl e d ged that there is a gr e at deal of work to be done, but feels that the staff can do it. Mr. Eldon Lloyd 139 West Da rtmouth Avenue -was sworn in. Mr. Lloyd stated that he f elt the proliferation of obscene and pornogr aphic material and adult entertainment businesses is a communist plot to de feat the United States Government through the corruption of its youth . Mr . Lloyd c i ted several scriptures, and stated that he felt more attention should be paid to "God's laws". Mr. Lloyd stated that the bookst ores are filthy and corrupt the mind of those who patronize them. He state d that he felt we s h o uld do whatever we can to take the people who want p ornography to Russia, Cuba , or some other place, but to get them out o f th e Un i ted States. Mr . Lloyd stated that he believes there are communists in the senate and house of representatives, but they are in disguise. He u rged that each individual running for office be studied and question ed thoroughly before one c a s ts ones vote. Mr. Bob Franci s First Federal Savings 4301 South Broadway -was sworn in and stated that he fully supported the proposed ordinance. He stated that Firs t Federal has been at t hat l o cation about 20 years, and just recently an a dult en- tertainment bus iness moved in across the street. He state d that they had checked around to see if there was anything they could do a b o u t this type of business, and found that it is extremely difficult t o ge t r id of this type of operation. Mr . Francis stated that the officers o f First Federal • • • -7- Savings do fully support the proposed ordinance, and feel the City i s on the right track. Mr. Francis stated that the residents of the a r ea are concerned about the imposition of this adult entertainment bu sin e ss in their neighborhood, as are the surrounding businessmen. Pastor Smith First Baptist Church 31 70 South Broadway -was sworn in, and stated that he represented approxi- mately 1,000 members of his church, mo st of whom live in Englewood. He stated that he wished to express the apprec i a tion of the congregation and of himself to the Planning Commission f o r cons i dering this matter. He stated that the well-being of the community is v e r y important, and the matter of the adult entertainment businesses certainly e ffects the well-being of the community. Pastor Smith stated that the question was raised earlier as to what effect the adult entertainment businesses have on a neighborhood and a community. He pointed out t hat t here is a massage parlor within 100 feet from the First Baptist Church , and that a number of things have happened along this part of South Broadwa y since the massage parlor moved in. Pastor Smith stated that he has not ed a "different type of person walking the street" since this business opened and there has been an increase in break-ins in the church since t h is business has been across the street. The people that have been c aught during those break-ins have said that they were patrons of t he massage parlor. Pastor Smith noted that on one occasion, one of the church staff cars was hit and the individual who came into the church to r e p ort hitting the car admitted that he was in the area to pick up a prostitut e working at the massage parlor. Pastor Smith stated that there have been cars broken into during their church services; office doors have to be locked while secretaries are in the building because on several oc casi ons the ladies have been surprised by "strange" people walking in on them . Pastor Smith stated that the ladies working at the church have been given "devices to de-commission" the individuals who have wandered into the chu r ch, if necessary, until the police arrive. Pastor Smith stated that i n oth er areas, he has, over a period of years, watched the deterioration of neigh- borhoods, and he feels it is directly related to the type of b us iness that is under discussion at this time. Pastor Smith stated that h e sup- ported the proposed amendment to the Zoning O'X'dinance and wanted to compliment the staff and Commission for considering it. Hermine Lorenz 4525 South Pearl Street -was sworn in. Mrs. Lorenz stated that she has a petition with 663 signatures of persons wh o are concerned about the opening of the Adult Center on South Broadway . Mrs. Lorenz stated that she is shocked that anything like this business could be permitted in a neighborhood as nice as the one in which she lives has been. She stated that she felt it is a necessity that stern me asures be taken; half-way measures will not accomplish anything. Mrs. Lo renz presented the petition to Mrs. Pierson for the record. Mrs. Pierson read the Petition Heading, which is as follows: "We the undersigned, vehemently oppose the establishment and operation o f an "Adult Center" (pornographic books, films and other materials and activities), at 4370 South Broadway, Englewood. "We feel that such an establishment is absolutely not suitable for this family-residential neighborhood, since it is within close proximity of churches, public and parochial schools and playgrounds. -8- "We have up to now enjoyed a clean and desirable neighborhood and we certainly wish to keep it that way." Mrs. Pierson noted that the petition is addressed to City Manager Mccown, attention of Mr. Wanush; and is directed in opposition to a particular business rather than regarding the amendment of the Comprehensive Zoning Ordinance. She asked if it was proper for the Commission to accept the petition? Mr. DeWitt stated that he felt it would be proper to accept the petition. Mr. Bill Taylor 4350 South Pennsylvania -was sworn in. He stated that his daughter came home from college and saw the adult book store on South Broadway, and asked him to do something, so he is attending the meeting this evening. He stated that the ordinance should be made tough enough that these businesses could not operate. He stated that he knew the City had tough ordinances, and cited his attempts to construct a patio and the inspections he had to go through to get approval by the Building Inspector. He also cited OSHA standards, and stated that "OSHA can run anyone out of business if they want to." Mrs. Cindy Rausch 4437 South Lincoln Street -was sworn in, and stated that she is the mother of two small boys, and lives very close to the one adult entertainment center in the 4300 block of South Broadway. She stated that the Courts talk about the rights of the individuals to go into this line of business, but she felt she had a right to live in a nice neighborhood and to raise her children free of the element of fear that she feels now as a result of this business being in the neighborhood. She noted that there is a bar right next door to the Adult Center on South Broadway, and that there are enough problems living in a neighborhood that has a bar, let alone the combination of the bar and the adult entertain- ment business. Mrs. Rausch stated that she feels very strongly on this matter, but she had people warn her it would be better not to openly op- pose the business and "not to let them know who she is". Mrs. Rausch stated that she is afraid in her own home; she is afraid to let her little boys play in their own yard, and she doesn't think that it is fair that this fear must become a part of their lives as a result of this business. Mrs. Rausch stated that she felt the proposed amendments "had to go through." Mr. Bob Bell 245 East Girard Avenue -was sworn in, and stated that he has lived in Englewood since 1962, and went through the Englewood Public School system. Mr. Bell discussed the correlation of pornography and the crime rate, and noted that he spent a considerable amount of time in Japan where they have an extremely low crime rate. Honolulu, on the other hand, has a lot of adult entertainment centers and an extremely high crime rate. Mr. Bell noted that at one time, Denver had the highest rape rate in the United States. Mr. Bell further discussed a case in Englewood several years ago of the "hooded rapist"; he noted that he had gone to school with the young man who was eventually found responsible for these crimes, and discussed the background of that young man. Mr. Bell stated that in his opinion, there is a direct correlation between the dissemination of pornographic materials and this type of criminal behavior. Mr. Bell stated that there are many states that have legislation concerning obscenity and pornography that have been accepted across the land, and stated that he felt Englewood could well write such an ordinance. He urged that every- one should work together and get this ordinance passed. • • ·e -9- Mr. Sumner 3 368 South Pennsylvania -was sworn in, and asked to addre ss a question to the City Attorney. He state d t hat he was concerned t h a t the six-month period was not sufficient time f or the addi t i onal re- search and study that Mr. DeWitt wants to get into. Mr. DeWitt stated that he feels six months is a satisfactory amount of time to get the research completed and to present it to Cit y Council so they will have time to deal with the question. Mr. DeWitt emph asized that he feels further ordinances are necessary. Mr. Sumner again asked if Mr. DeWitt felt the six month period was of sufficient length; he emphasized that his father is in go vernment in an- other state and he is aware of problems that can arise that might cause this issue to be given a lower priority. He suggested that perhaps a years time might be given to allow the research; if h e un derstood the process correctly, this would not preclude the research and enactment of further measures from being done prior to the expiration of the year. Mr. DeWitt reiterated that the City Council has directed him to pursue this issue; they are committed to the control of the adult ent e r tainment businesses within the six-month time element that has been discussed. Mr . DeWitt stated that legislation could be introduced prior to the con- clusion of the time element. Mr. Sumner addressed the Commission and suggested that if t he one y ear t ime element could be included in the ordinance rather than the s ix month period, this would not tie the City Attorney's hands if some o ther matter c ame up that had to be dealt with immediately, and would be a compromise between Mr. DeWitt's proposed six month time period and Mr . Smith's sug- gestion that the ordinance be made permanent at this time. Mr. Jonathan Epps 769 West Oxford Avenue -was sworn in and stated that he is 1 8 y e ar s of age, and graduated from high school this p ast spring. Mr. Epps discussed the pornography that is circulated through the high school students, and its effects on some of the student s. He stated that those students who did not have a good set of parents seem to think only about the pornography and not about the need o f a good education. Mr. Epps stated that the problems that Englewo od e xp e rienced with teenagers cruising on Broadway on Friday and Saturday nights was with the type of teenager who is interested in pornography ---t h ey want to go out ahd have a good time and "find women." He stated that he felt if such places of business could be eliminated a lot of the problem s with teenagers would be solved, and a lot of general problems would be so l ved if that type of place were "out of the reach of the public." Mr. Tim Ausfahl 4509 South Broadway -was sworn in, and stated that his parents grew up in Englewood, and that he did also. He stated that his business is one and one-half blocks from the Adult Center on South Broadway, and that he is against having a business like that in this area. Mr. Ausfahl stated that in his opinion, the entire area has been degraded. He urged the proposed amendments be approved, and thanked the Commiss ion for their consideration of the matter. Mrs. Pierson asked Chief Holmes to come to the podium, inasmuch as there were some questions that the Commission wished to address to him. -10- Chief Robert Holmes 3615 South Elati Street -was sworn in. Mrs. Marjorie Becker stated that she is very concerned about having any of the adult entertainment establishments located in the City of Englewood. She asked Chief Holmes if he was aware of any statistics that would in- dicate the effect this type of business has on a community, and if this was passed as a temporary ordinance, woul he be working directly with Mr. DeWitt and the staff so that the Commission can have a clearer picture as to the effect on the community of these businesses? She asked if there were any statistics on the crime rate --does it rise and can it be traced to these businesses? Chief Holmes stated that these businesses do tend to bring an undesirable element into a community. Chief Holmes stated that he has worked with the City Attorney and the staff and is aware of the proposed ordinance, and would strongly support the ordinance. He stated that the matter of zoning controls is probably the best route to pursue to control the proliferation of the adult entertainment businesses. Mr. McBrayer asked Chief Holmes if there had been an increase in the crime rate in near proximity to the adult entertainment businesses that have been established in Englewood? Chief Holmes noted that there has been an increase in violent and sex-related crimes all over the United States, and in areas where the adult entertainment businesses have been in opera- tion for longer periods of time. Chief Holmes pointed out that a majority of the patrons of the adult entertainment businesses are being frequented by people who do not live in the area. Mr. McBrayer asked if any studies have been done to determine whether or not these businesses are related to "organized crime"? Chief Holmes stated that "organized crime" does not necessarily mean being tied in with the Maffia, but it can be a local organization, and may or may not be affiliated with a national or state-wide organization. Chief Holmes stated that there are two establishments in the City of Englewood at the present time that appear to be owned by companies that are affiliated with each other; officers in one company are also officers in the other company. These companies and individuals have had businesses in Colorado Springs and Pueblo, and in other parts of the Denver metro area. Chief Holmes stated that these do appear to be "organized crime" at this level. Mr. McBrayer asked if he understood that it was not just one man starting a bookstore then, but is tied into a larger element? Chief Holmes stated that they "are not talkingabout an innocent man starting a bookstore." He further discussed indictments and upcoming trials of individuals in Pueblo, and the close relationship of these individuals with the adult entertainment operations in Englewood. Mr. McBrayer stated that he appreciated the attendance of the Chief of Police at this meeting. Mrs. Becker asked whether the 1,000 foot rule as suggested in the ordinance would apply only to Englewood uses and residential zones, or would it also apply to schools, churches, parks, playgrounds, and residential uses that might be in other adjacent municipalities? Mrs. Romans stated that this is a point that would have to be clarified with the City Attorney. The Planning staff has taken the position in the past on provisions such as • • -11- screening of industrial uses from residential uses, that it did not matter whether the residential uses were within the city or not; that the residents should be screened from the impact of the industrial use. Mrs. Romans cited an area in northwest Englewood where Denver has residential zoning across South Zuni Street to the west; she stated that she felt the 1,000 foot limitat ionshould be applied in this instance. Mr. Tanguma asked what effect a 1500 foot limitation would have; would more area be eliminated where these uses would be permitted? Mrs. Romans stated that if the 1,500 foot limitation were imposed, it would probably be excessive for a community of our area. Mrs. Pierson asked if there was anyone else who wished to address the Commission in support of the ordinance? No one spoke further in support of the ordinance. Mrs. Pierson asked if there was anyone who wished to address the Commission in opposition to the proposed ordinance? No one spoke in opposition to the proposed ordinance. McBrayer moved: Carson seconded: The Public Hearing on Case #1-81 be closed. AYES: Carson, Becker, Barbre, Williams, Tanguma, Senti, Pierson, McBrayer, Draper NAYS: None The motion carried. Mrs. Pierson announced there would be a recess of the Commission at 8:40 P. M. The meeting reconvened at 8:50 P. M. Present: Draper, Carson, Becker, Barbre, Williams, Tanguma, Senti, Pierson, McBrayer Absent: None Mrs. Pierson asked how the Commission wanted to proceed on this matter? It can be tabled for further consideration at a later date, the Commission may make a decision to recommend approval to City Council as written, or may determine to recommend approval with amendments. Mr. Tanguma stated he would like to discuss it further at this meeting, and possibly amend the proposal. Mr. Tanguma stated that he would like to make this a permanent ordinance rather than an interim measure. Tanguma moved: Draper seconded: The Planning Commission recommend to City Council that the amendment of §22.4-10, §22.4-11, §22.4-13, §22.4-14 and §22.6 of the Comprehensive Zoning Ordinance, as set forth in Case #1-81 be approved, with the addition of an amendment eliminating any reference to a six month period or interim period, and that this be made a "permanent ordinance". Mr. McBrayer stated that he is against this amendment to the proposed ordinance. He noted that the City Attorney and staff have requested the additional time to study some cases further, and that they have also in- dicated that they think the six month period is ample time to get the ordinances in shape to enact on a permanent basis. He stated that he would rather see this ordinance passed as written. -12- Mr. Tanguma also noted that discussion was held at the last meeting on the possibility of changing the wording in reference to an adult book- store from "significant portion of its stock in trade" to state "10% of the stock in trade." He stated that he felt this is an amendment that should also be made. Mrs. Pierson asked Mr. Draper if he would approve addition of such an amendment to Mr. Tanguma's motion. Mr. Draper stated that he would not agree to that amendment. Mrs. Pierson called for the vote on the motion. AYES: Tanguma NAYS: McBrayer, Draper, Carson, Becker, Barbre, Williams, Senti, Pierson The motion failed. McBrayer moved: Barbre seconded: The Planning Commission recommend to City Council that the Comprehensiv Zoning Ordinance, §22.4-10, §22.4-11, §22.4-13, §22.4-14, and §22.6 be amended as recommended in Case #1-81, and that the proposed amendments be ap- proved as written. Mr. Tanguma stated that he feels "significant portion" is rather vague, and would rather see a specific figure set forth in reference to the amount of materials that deal with "sexual conduct" or "specified anatomical areas." Tanguma moved: Becker seconded: The motion be amended to state that "10% of the stock in trade" shall be characterized by an emphasis on depicting or describing "sexual conduct" or "specified anatomical areas." Discussion ensued. Mrs. Becker asked what the Court cases have indicated in the past on the matter of the amount of stock. Mrs. Pierson stated that she understood that the courts have approved a figure up to 10% to be a significant portion. Mrs. Becker stated that she would hesitate to impose a specific figure lest someone would want to take it a step further and start citing public libraries, which she felt could be a possibility. Mr. McBrayer pointed out that an establishment could stock only 8% of the material that would be pornographic or obscene, but could continue to do so if the 10% figure were to be set forth, whereas the "significant portion" is open to interpretation. Mr. Tanguma asked who was to determine what a "significant portion" is; he pointed out that the 10% is a definite figure. The vote was called on the motion to amend: AYES: Tanguma NAYS: Senti, Pierson, McBrayer, Draper, Carson, Becker, Barbre, Williams The motion failed. Mrs. Pierson stated that the Commission is now back to considering the motion by Mr. McBrayer, that is, to recommend approval of the amendments to the Comprehensive Zoning Ordinance as written. Mrs. Becker stated that she has attempted to take into consideration every- thing that has been discussed at the meeting this evening, and is attempting • •• -13- to justify the establishment of an adult entertainment center in her city --this is a very personal matter to her, and she has a problem divorcing herself and her feelings from the legal aspects of the case. She state d that her personal preference would be to ban them from the City altogether. But, in listening to the testimony tonight, she would hope that within six months, the City could consider an ordinance that is even more restrictive. Mrs. Becker stated that she would vote to approve the amendment of the Comprehensive Zoning Ordinance. Mrs. Becker then stated that she did n o t know whether any other member of the Commission had ever been into an adult bookstore, but she had talked a friend into going into the one in the 43 00 block of South Broadway with her. Mrs. Becker stated that she found it an appalling, nauseating experience; that she felt dirty just from being in the establishment, and that it was nothing but filth that was dispensed from this particular establishment. Mr. Tanguma asked if the amendment is approved as written, with the six month period before a permanent ordinance is enacted, would this mean that the establishment on South Broadway would have a six month grace period without having to move? Then after the ordinance is permanent, would the business still have additional time after it is made non-conforming to r e - locate or terminate? Mr. DeWitt stated that is correct. Mrs. Pierson called for the vote on the motion to recommend approval of the amendments to the Comprehensive Zoning Ordinance: AYES: NAYS: Pierson McBrayer, Draper, Carson, Becker, Barbre, Williams, Sen t i Tanguma Mr. Tanguma asked if he could change his vote; he is not in opposition to the amendment of the Comprehensive Zoning Ordinance, but wants to bring the matter of making it a permanent ordinance up again for further consideration. He stated that he had intended to vote in favor of the proposed ordinance amendment. Discussion ensued. Mr. DeWitt stated that the vote has been cast. Mr. Don Smith addressed the Commission, stated that he is a parlimentarian , and that inasmuch as Mrs. Pierson had not yet announced that the vote had carried by a given margin, he felt Mr. Tanguma could indeed change his vote. The Chair ruled that a second vote should be taken if it were the pleasure of the Commission members to clarify Mr. Tanguma's position. Carson moved: Tanguma seconded: That a second vote be taken on the recommendation to City Council. AYES: Tanguma, Senti, Pierson, McBrayer, Draper, Carson, Becker, Barbre NAYS: Williams The motion carried. Mrs. Pierson then called for the second vote on the recommendation to City Council to approve the proposed amendments to the Comprehensive Zoning Ordinance, as written. Mr. Tanguma stated that he would like to discuss the matter of the temporary versus permanent aspect of the ordinance. Mrs. Pierson ruled that this could not be done; that Mr. Tanguma had asked only for a second vote on the motion. -14- Tii.e vote was called: AYES: Williams, Barbre, Becker, Carson, Draper, McBrayer, Pierson, Senti, Tanguma NAYS: None The motion carried. The meeting adjourned at 9:15 p.m. ertrude G. Welty ecording Secretary • • -15- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: January 27, 1981 SUBJECT: Recommended Amendments to the Comprehensive Zoning Ordinance RECOMMENDATION: McBrayer moved: Barbre seconded: The Planning Commission recommend to City Council that the Comprehensive Zoning Ordinance, §22.4-10, §22.4-11, §22.4-13, §22.4-14, and §22.6 be amended as reconnnended in Case #1-81, and that the proposed amendments be approved as written. AYES: Williams, Barbre, Becker, Carson, Draper, McBrayer, Pierson, Senti, Tanguma NAYS: None The motion carried. By Order of the City Planning and Zoning Commission .