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HomeMy WebLinkAbout1981-02-03 PZC MINUTES• CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION FEBRUARY 3, 1981 I. CALL TO ORDER. The regular 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, Carson, McBrayer, Pierson, Senti, Tanguma Powers, Ex-officio Members absent: Becker, Draper Also present: Assistant Director of Community Development Romans II. RE-ORGANIZATION OF PLANNING COMMISSION. Mrs. Pierson stated that traditionally, the Planning Commission elects new officers for the coming year at the first meeting in February following the appointment of new members to the Com- mission by the City Council. Mrs. Pierson asked for nominations for the position of Chairman. Mr. Tanguma nominated Mrs. Judith B. Pierson as Chairman of the Planning Commission. Mr. Carson seconded the nomination. Mrs. Pierson asked if there were further nominations for Chairman? Mr. Senti moved that the nominations be closed; Mr. Barbre seconded. Tanguma moved: Carson seconded: The nomination of Mrs. Judith B. Pierson as Chairman of the Planning Commission be unan- imous. AYES: McBrayer, Pierson, Senti, Tanguma, Barbre , Carson NAYS: None ABSENT: Becker, Draper The motion carried. Mrs. Pierson asked for nominations for Vice-Chairman . • Mr. Barbre nominated Mr. McBrayer for Vice-Chairman. Mr. McBrayer asked that his name be withdrawn from considera- tion for Vice-Chairman of the Commission. -2- Tanguma moved : McBrayer seconded: Mr. Thad Carson be nominated as Vice-Chairman of the Planning and Zoning Conrrnission, and that the nomination be unanimous. AYES: Carson, McBrayer, Pierson, Senti, Tanguma, Barbre NAYS: None ABSENT: Draper, Becker The motion carried. Mrs. Pierson expressed her appreciation to the Conrrnission members for their support of her as Chairman this past year, and her re- election to the position for the coming year . Mrs. Pierson announced that Mr. Doyet Barbre and Mr. Eddie Tanguma had been re-appointed to the Planning Conrrnission for four-year terms. Mrs. Pierson stated that there is one vacancy on the Planning Conrrnission as a result of Mr. Williams' termination, and that this position will be filled as soon as possible. III. APPROVAL OF MINUTES. Chairman Pierson stated that the Minutes of January 20, 1981, and January 27, 1981, were to be considered for approval. Carson moved: Barbre seconded: The Minutes of the meeting of January 20, 1981, be approved as written. AYES: Carson, McBrayer, Pierson, Senti, Tanguma, Barbre NAYS: None ABSENT: Draper, Becker The motion carried. Barbre moved: Tanguma seconded: The Minutes of the meeting of January 27, 1981, be approved as written. AYES: Barbre, Carson, McBrayer, Pierson, Senti, Tanguma NAYS: None ABSENT: Becker, Draper The motion carried. IV. FINDINGS OF FACT CASE #1-81 Chairman Pierson stated that Findings of Fact and Conclusions • on Case #1-81, the amendment of the Comprehensive Zoning Ordinance to place controls on adult entertainment uses, are to be considered for approval. She asked if there were any suggestions or changes • the Commission wished to make in the Findings, which they received prior to the meeting. • • Carson moved: Tanguma seconded: -3- The Planning Commission approve the Findings of Fact and Conclusions for Case #1-81, amend- ment of the Comprehensive Zoning Ordinance, §22.4-10, §22.4-11, §22.4-13, §22.4-14, and §22.6, and that the Findings of Fact and Conclusions be referred to the City Council. AYES: McBrayer, Pierson, Senti, Tanguma, Barbre, Carson NAYS: None ABSENT: Draper, Becker The motion carried. V. PUBLIC FORUM. Mrs. Pierson noted that there was one individual in attendance, and asked if he wished to address the Commission. The gentle- man did not wish to address the Commission. VI. DIRECTOR'S CHOICE. Ms. Powers apologized for missing the Public Hearing on January 27, 1981, due to illness. Ms. Powers stated that the Management Team, which is composed of Mr. Bob Joyce representing Brady Enterprises, Mr. Fred Kaufman representing EDDA, and herself as representative of the City, met on February 2, 1981. Ms. Powers stated that Minutes of these Management Team meetings will be sent to the Planning Com- mission when they are finalized. Ms. Powers stated that she planned to begin writing staff reports on these meetings, which she felt might be more valuable than the Minutes. Ms. Powers stated that the City of Englewood, the Downtown Development Authority, and Brady Enterprises, have signed a three-party agreement to participate in the development of a "plan" for the downtown development. The contract with the consultant, Design Workshop, will be signed next week. The primary contact with the consultant will be a Mr. Don Ensign, and he will be making a presentation before the Planning Commission within the next six weeks or so. Ms. Powers stated that Mr. Ensign has had considerable experience in planning issues, and that the firm is located in Aspen. Ms. Powers stated that issues such as flood plain, traffic, etc. will be addressed. Ms. Powers stated that there are a lot of rumors circulating and calls being received by the staff regarding the proposal. Some of the rumors seem to stem from the aborted Core Area Plan of several years ago. Ms. Powers asked that if members of the Commission hear of any of the rumors, or receive any calls re- garding the downtown development plan, to please refer them to staff. Ms. Powers stated that as soon as the program really gets started, that presentations will be made to the public. Ms. Powers stated that the first agenda of each month will have a notation regarding up-dates on the Prowswood and Downtown -4- Development Authority. Ms. Powers stated that Prowswood is getting started, but there is not too much to report at this point in time . Ms. Powers stated that she sat in on a meeting with HUD, the Executive Director of the Englewood Housing Authority, Mrs. Jonas, and representatives of Nelson-Roth, the developers of the proposed mid-rise building for senior citizens. The original allocation for the 100 units for the elderly and 10 family units was $3 ,700,000; but with the inflation of the last two years , this was insufficient to do the project which came in at almost $5,000,000 . As a result of this meeting, HUD has allocated another $1,000,000 for this project, bringing the total allocation to almost the $5,000,000 needed. It is hoped that ground can be broken for the 100-unit mid-rise building by the first of March. This structure is to be loca- ted just north of the Safeway Store on East Girard Avenue. Mrs. Romans noted that last April, representatives of the Area Vocational School appeared before the Planning Corrrrnission and discussed using Lowell Elementary School as a food service training center for students who are interested in this type of work. At that time, it was stated that meals were to be served to members of the faculty, service clubs, etc., but would not be served to the general public. It was suggested by Mr. Richard Wanush, the Director of Community Development at that time, that if meals were to be served to the general public, further clarification should be sought from the Planning Corrrrnission inasmuch as this school is located in a single-family zone district. Mrs. Romans stated that the Area Vocational School has applied for a sales tax license, and plan to serve meals to the general public four days a week. Mr. Goldstein, Planning Assistant, talked to Mr. Ball of the Area Vocational School, and suggested that they should perhaps check further with the Planning Corrrrnission. Mr. Ball seemed to be of the opinion that the school system could do whatever they wanted to do on their own property, and were not required to get clearance from the City. Mrs. Romans stated that she is asking the opinion of the Planning Corrrrnission; do they feel it is necessary that the people from the Area Vocational School come back to the Planning Commission for further clarification of the proposal? Mrs. Romans stated that she had placed a call to Dr. Davidson, Superintendent of Schools, but that he was in a meeting all day, and she had not been able to discuss it with him. Mrs. Romans discussed her concern in allowing uses not permitted in the residential zone district to go into the vacant school buildings, noting that all of the schools which have been closed, Lowell Elementary, Scenic View Elementary, Washington Elementary, and Duncan Elementary are in a single- family zone district. Mrs. Romans stated that she felt the City needed some control over the use to which these vacant schools are put. She acknowledged that the serving of meals • to the public from Lowell Elementary School may not create a big problem, and could be a public service if the meals are • served to the elderly people, for instance, at a reasonable price. She again asked for the opinion of the Corrrrnission should the City be concerned at this point in time? • -5- Mrs. Pierson stated that as she recalled discussions regarding code enforcement, the Commission was to act when "something was going awry." She suggested that perhaps the Vocational Schools should be left alone until a problem arises. Mr. Tanguma pointed out that all schools serve meals to the public from time-to-time. He asked if this would be done on a daily basis? Mrs. Romans repeated that it would be done four days a week. Mrs. Romans stated that she felt this was a good program, and provided good training for the students who want to pursue this line of work; her concern is that it is in a single-family residential dis- trict. Further discussion ensued. It was the concensus of the Commission that the matter not be pursued unless complaints or objections from area residents are lodged against the Voca- tional School project. VII. COMMISSION'S CHOICE. Mrs. Pierson asked that members start thinking about attendance at the American Planning Association Conference, which will be held in April in Boston. Ms. Powers stated that the Conference will be April 25th through April 30th. Mrs. Pierson asked if there were funds in the budget for the attendance of two com- mission members at this Conference? Mrs. Romans stated that she had requested funds for the attendance of two members in the 1981 budget, but funding for one member is all that was approved. Mrs. Pierson stated that this is an excellent training conference for Commission members. Mr. McBrayer stated that he would like to remind other Commission members that the next meeting of the Bicycle Trails Committee will be on February 24th at 7:00 P.M. in the Library Conference Room. He stated that there will be publicity in the Englewood Sentinel, and the Denver Post "Neighbors" supplement, as well as an article in the Englewood Citizen. Mrs. Romans asked Mr. McBrayer if he would be checking with the staff on the visual aids he would want for the meeting? Mr. McBrayer stated that he would be in to check with the staff; he also wants to send a letter to those individuals who were in attendance at the last meeting. Mrs. Pierson pointed out that the next meeting of the Commission is scheduled for Wednesday, February 18th because of the holiday on Monday, the 16th. Mrs. Pierson stated that this is the be- ginning of a new year for the Commission; there is a new Director of Community Development, Mrs. Romans is no longer having to assume the responsibilities of two positions, and the Commission appears to be "facing a period of calm." She suggested that perhaps now is the time for the Commission to review the Goals and Courses of Action from the Comprehensive Plan, and determine projects they want to concentrate on in this next year. She suggested that possibly the meeting on February 18th could be a brain-storming session . Ms. Powers stated that she had asked the Division Heads of the Community Development Department to do essentially the same thing, and she felt that the list Mrs. Romans developed would -6- be of interest to the Planning Commission. She suggested that possibly this could be reproduced and sent to the Commission in their next packet. Mrs. Pierson asked if matters that come up periodically, such as the Capital Improvement Program, could be shown on a schedule? Mrs. Romans indicated that this could be done for the Capital Improvement Program and the State Highway Work Program, the two items which the Commission considers each year on regular basis. Mr. Tanguma asked how long it has been since the Planning Com- mission met with the City Council? Mrs. Pierson noted that the Commission has yet to meet with the present City Council. Ms. Powers stated that the Board of Adjustment has asked for a meeting with the City Council. Mrs. Romans noted that the Planning Commission has also discussed having meetings with the Board of Adjustment and with the Housing Authority. Mrs. Pierson stated that several years ago the Commission and City Council had a dinner meeting; she suggested that possibly staff could check to see if City Council would be available for a dinner meeting some evening. Mrs. Pierson suggested that the meeting of February 18th be set for Conference Room A if it is to be a work session. Mr. Senti stated that he would not be able to attend the meeting on February 18th. Discussion ensued. It was suggested that possibly the Commission could meet on February 17th, the regular meeting time, even though the City Council would also be meeting that night. It was the concensus of the Commission that they would meet on February 17th at 7:00 P .M.; the staff is to reserve a meeting room for this date. The meeting adjourned at 7:40 P.M. rtrude G. Welty ecording Secretar ' • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: February 3, 1981 SUBJECT: Findings of Fact -Case #1-81 RECOMMENDATION: Carson moved: Tanguma seconded: The Planning Commission approve the Findings of Fact on Case #1-81, amendment of §22.4-10, §22.4-11, §22.4-13, §22.4-14 and §22.6 of the Comprehensive Zoning Ordinance, and refer the Findings of Fact to the City Council. AYES: McBrayer, Pierson, Senti, Tanguma, Barbre, Carson NAYS: None ABSENT: Draper, Becker The motion carried. By Order of the City Planning and Zoning Commission. rude G. Welty Recording Secretary CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 1-81 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO AMENDMENTS TO §22.4-10, ) §22.4-11, §22.4-13, §22.4-14, ) AND §22.6 OF THE COMPREHENSIVE ) ZONING ORDINANCE WHICH WOULD ) ADD THE DEFINITION OF ADULT ) ENTERTAINMENT BUSINESS AND ) WHICH WOULD TEMPORARILY PRO-) HIBIT THE ESTABLISHMENT OF ) SUCH BUSINESSES IN CERTAIN ) AREAS OF THE CITY AND PROVIDE ) FOR THE TERMINATION OF NON-) CONFORMING ADULT ENTERTAIN-) MENT BUSINESSES. ) A Public Hearing was held in connection with Case No. 1-81 on January 27, 1981, in the City Council Chambers of the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Mr. Barbre, Mrs. Becker, Mr. Carson, Mr. Draper, Mr. McBrayer, Mrs. Pierson, Mr. Senti, Mr. Tanguma and Mr. Williams. No members were absent. FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations, reports and filed documents, the City Planning and Zoning Commission makes the following Findings of Fact: 1. That proper notice of the Public Hearing was given. 2. That the Englewood City Council adopted a Comprehensive Plan for the City by Resolution No. 49, Series of 1979, on December 3, 1979, and that 113 Englewood citizens and business people participated in the development of that Plan. 3. That in approving the Comprehensive Plan, the City Council adopted certain Goals for the City which were developed by the Comprehen- sive Plan Review committees, which Goals affirm the desire of the citizens of Englewood to "Maintain the residential neighborhoods as the corner- stone of our community"; "To provide the environment necessary to maintain a stable population"; and "To insure a balance among the residential, com- mercial and industrial areas of the City." 4. That the concentration of adult entertainment businesses • • • -2- in cities tends to result in the blighting and deterioration of the areas of such concentration and, accordingly, it is necessary that these businesses be regulated in such a manner as to prevent the erosion of the character of all affected neighborhoods. 5. That testimony presented at the Public Hearing demonstrates the blighting effect adult entertainment businesses have upon adjacent businesses, the serious deteriorating effect such uses have on the character of the adjacent residential neighborhoods, as well as the disturbance these uses have on the tranquility and peace of residents residing in these resi- dential neighborhoods as a result of the unrestricted and uncontrolled lo- cation of adult entertainment businesses. 6. That pending further study of the deleterious effects that a concentration of adult entertainment businesses have upon residential neigh- borhoods, schools, churches, parks, playgrounds, public buildings and other businesses, it is necessary to prohibit, on an interim basis, the establish- ment of the following adult entertainment businesses until appropriate remedial zoning regulations can be developed and adopted: Adult Bookstore, Adult Mini Motion Picture Theater, Adult Motel, Adult Motion Picture Arcade, Adult Motion Picture Theater, Cabaret, Massage Parlor, Model Studio or Sexual Encounter Center. 7. That the establishment of adult entertainment businesses would be enjoined for a period of six (6) months or until such time as a permanent adult entertainment zoning ordinance is developed and adopted, whichever should first occur, and that this time is necessary to permit further study of any deleterious effects of the adult entertainment businesses and to develop and to adopt appropriate remedial zoning regula- tions. 8. That nothing in the proposed amendments would authorize, legalize, or permit the establishment, operation or maintenance of any business, building or activity which violates any municipal ordinance or any provisions of the Colorado Criminal Code or Civil Code regarding nuisances, sexual conduct, obscene matter or harmful matter. 9. That the foregoing is adequately substantiated by the record of the aforementioned Public Hearing which is on file with the Secretary to the City Planning and Zoning Commission. CONCLUSIONS 1. That proper notice of the Public Hearing was given in compliance with §22.3-4 of the Comprehensive Zoning Ordinance. 2. That Goals for the long-range Planning for the desired development of the City of Englewood, Colorado, were approved by City Council in Resolution Number 49, Series of 1979, upon the recommenda- tion of the City Planning and Zoning Commission and"recorded in the office of the Arapahoe County Clerk and Recorder. -3- 3. That the following official Goals of the City of Englewood are germane to the issue at hand: (a) To maintain the residential neighborhoods as the cornerstone of our community; and (b) To provide the environment necessary to maintain a stable population; (c) To insure a balance among the residential, commercial, and industrial areas of the City. 4. That the concentration of adult entertainment businesses result in the blighting and deterioration of the area in which they are concentrated as well as to adjacent residential neighborhoods and to churches, schools, parks, playgrounds, and public buildings. 5. That it is to the best interest of the present and future character of the residential neighborhoods and the necessary community facilities which serve them, as well as to the business community, to regulate adult entertainment uses in order to insure that the adverse effects of the concentration of those uses will not contribute to the blighting or downgrading of those areas. 6. That further study is necessary to develop a procedure to regulate adult entertainment businesses and, to this end, the establish- ment of adult entertainment businesses within the City of Englewood should be enjoined for six months or until such time as a permanent adult enter- tainment business zoning ordinance is developed and adopted, whichever should first occur. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council, that the Comprehensive Zoning Ordinance, Ordinance No. 26, Series of 1963, as amended, be amended by adding §22.4-10 h, §22.4-11 h, §22.4-13 k, and §22.4-14 i, temporarily prohibiting the establishment of adult entertainment businesses in certain areas of the City of Englewood, and by amending §22.6 to provide for the termination of any adult entertainment business which is determined to be non-conforming pursuant to the provisions of the Comprehensive Zoning Ordinance. Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on January 27, 1981: • • • • -4- Those members voting in favor of the motion: Mr. Barbre, Mrs. Becker, Mr. Carson, Mr. Draper, Mr. McBrayer, Mrs. Pierson, Mr. Senti, Mr. Tanguma and Mr. Williams. There were no dissenting votes. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION .