Loading...
HomeMy WebLinkAbout2004-03-16 PZC MINUTESr • .. ~. I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION March 16, 2004 CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p.rn. in the City Council Chambers of the Englewood Civic Center, Chair Krieger presiding. Present: Absent: Staff: Adams, Bleile, Diekrneier, Krieger, Mosteller, Roth, Welker Mueller, Schum Hunt (alternate) Tricia Langon, Senior Planner Nancy Reid, Assistant City Attorney II. APPROVAL OF TELEPHONE POLL February 18, 2004 Mr. Roth moved: Mr. Welker seconded: To approve the telephone poll conducted on February 18, 2004 approving the February 3, 2004 Minutes and the Findings of Fact in Case #PUD 2003-01 and Case #SUB 2003-04. AYES: NAYS: ABSTAIN: ABSENT: Adams, Diekrneier, Krieger, Mosteller, Roth, Welker None None Mueller, Schum Motion carried. Ill. STUDY SESSION Ms. Langon stated the article included in the members' packets regarding conflicts of interest and ex parte communication was very timely due to the Denver Seminary project that will be corning forward. Ms. Langon stated interested parties have contacted staff for members' names, addresses, and phone numbers. She currently has 50 contacts from surrounding neighbors asking questions on the project, and people have been in to review the plans. The PUD application for the project has been submitted and is undergoing an initial City review. There are a number of issues to be addressed before it can be sent to outside agencies for review. Ms. Langon estimated public hearings before the Commission would be the end of May or June. 1 • .. ~. Ms. Reid stated is very important that the Commission follow due process with procedural issues. If contacted prior to the public hearing, she advised members to inform the person that their testimony needs to be received on the record at the public hearing. The date for the public hearing will be posted on the property, in the Englewood Herald, and the City's website. Chair Krieger asked if she, as Chair, could limit people from retestifying at subsequent hearings. Ms. Reid responded; if someone has previously testified, Chair Krieger has the authority to restrict their testimony to new information. Also, after a number of people provide the same type of testimony, the Chair may ask the audience how many agree with the previous testimony, and limit further testimony to any new facts. Mr. Welker asked if the Chair may place a time limit on testimony. Ms. Reid stated the Chair may make that decision, as long as the time limit is the same for everyone. With regard to the Denver Seminary project, Ms. Langon stated the organized groups may have a representative speak on their behalf. Ms. Reid stated it was essential for everyone to be in attendance for the Seminary public hearing. Staff will attempt to provide the Commission with as much lead time as possible. Ms. Reid provided an explanation of substantive due process and procedural due process and the differences between the two. The Commission cannot restrict someone's fundamental rights to purchase property; however, it can place limits on the property, such as type of use, setbacks, etc. Ms . Reid also explained that the Commission operates as a legislative body on some issues, and as a quasi-judicial body on others. With regards to interpretations, the Commission's decision is final whereas with a PUD the Commission forwards a recommendation to City Council for their decision. Ms. Reid stated in most instances the Commission acts as a legislative body rather than a quasi-judicial body. Ms. Reid distributed and discussed a form regarding procedural due process in zoning. With regard to open meetings, Ms. Reid stated all Commission meetings are open to the public and must be properly posted. Ms. Reid further explained that a gathering of three or more Commissioners discussing Commission "business" is considered an open meeting. A social gathering is acceptable as long as members are not discussing a case or making decisions. Ms. Reid advised the Commission to avoid the appearance of any impropriety. Discussion ensued. Ms. Reid explained the Commission is to be an impartial judge when hearing cases. She stated members should recuse themselves from hearing a case if they have a personal bias or conflict of interest. Members should state for the record why they are recusing themselves. Discussion ensued. Because people have asked for the Commissioners' names, addresses and phone numbers, Ms. Reid emphasized all testimony needs to be under oath and heard by the entire Commission at the public hearing. If members are contacted, she urged them to convey that procedure and not discuss the case with anyone prior to the hearing. Commissioners 2 • ~. are only to consider the testimony they hear at the public hearing when reaching a decision. Ms. Langon stated people can submit a letter, which wilJ then be sent to the members in their packets and made part of the public record. Ms : 'Reid stated that was correct; however, based on perceived reliability those letters, which are not under oath, should not be given the same consideration, or "weight", as testimony received under oath at a public hearing. Ms. Reid encouraged members to contact staff if they are contacted and need guidance on the appropriate action to take. Also any contacts made outside the public hearing should be stated on the record. If letters are received, they should be forwarded to City staff. Discussion ensued regarding ex parte communication. Ms. Reid continued; the Commission's decision is based on evidence only. It is very helpful for members to state for the record the basis for their vote. If a case is appealed to Court, the Findings of Fact, or the basis for the Commission's decision, is what is considered. Further, the results and decision must be reasonable and show a rational basis on the evidence. IV. PUBLIC FORUM No one was present to address the Commission. V. DIRECTOR'S CHOICE Ms. Langon circulated a roster and asked members to update their contact information. She also distributed a Welcome to the Commission booklet to each member. Regarding the work plan, Ms. Langon suggested incorporating the new member "checklist" with the Commission's Handbook. She asked Mr. Bleile to review the current Handbook for revisions and updates. Ms. Langon continued; staff is creating an inventory of the planning library for the members use. Also, Denver Regional Council of Governments has a workshop for Planning Commissioners. She will provide the Commission with further details as they become available. Ms. Langon further stated the department has a 39 minute video from Rocky Mountain Land Institute regarding public meetings. She asked if the Commission wished to view the video or have her view it and provide a brief presentation. It was the consensus of the Commission that staff would preview the video first and then decide whether or not it is worth the Commission's consideration. Ms. Langon stated the Unified Development Code went into effect on February 23, 2004. She distributed a reference sheet showing zone district conversions as well as an index for frequently used references. Ms. Langon stated a couple of issues have already arisen with the UDC. One issue was dormers projecting into the bulk plane. The UDC covers dormers with windows, but not just dormers. It was decided the intent was for dormers with or without windows. As these issues arise, staff will prepare a sheet on each issue, discuss it with the Commission and reach a consensus on the Commission's intent. Staff will then write a policy, rather than taking each issue through as an amendment. Typically, there is an annual "housecleaning" when all these issues are taken forward as amendments. 3 • Further, there has been discussion on a new use that is not listed in the Code. Two requests have been submitted 'for an "Ebay type" service. People drop off their goods; the business stores the goods on site and sells it on Ebay. Ms. Langon stated the issue would be brought before the Commission for an interpretation at a later date. Ms. Langon stated the confusion is whether the use should be considered retail, consignment, office, or storage. .. ~. Ms. Langon reminded the Commission of the open house regarding the Acoma property on Thursday, March 18 in the Community Room, 6-8 p.m. Ms. Langon stated a tour of the RTD Maintenance Facility is being scheduled, and she will provide the members with the date as it becomes available. VI. ATTORNEY'S CHOICE Ms. Reid stated she had nothing further. VII. COMMISSIONER'S CHOICE Chair Krieger stated it would be helpful for Commissioners to submit ideas to staff to include in the new member orientation which they believe would be helpful for the new members. Mr. Welker stated it would be helpful to have the Chair attend the new member orientation . Commissioners thanked Ms. Reid for the information and stated it was extremely helpful. The meeting adjourned at 9:05 p.m. 4