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Home My WebLink About2001-09-05 PZC MINUTES• • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION September 5, 2001 CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p.m. in the Community Development Conference Room, Chairman Weber presiding. Members present: Krieger, Lathram, Mueller, Waggoner, Welker, Weber Parks, Alternate Member Stockwell, late Excused absence: Rempel , Willis Also present: Senior Planner Langon Planner I Donnelly II. City A ttorne y Brotzman Assistant City A ttorne y Re i d APPROVAL OF MINUTES August 21 , 2001 Chairman Weber stated that the Minutes of August 21, 2001 were to be considered for approval. Lathram moved: Krieger seconded : The Minutes of A ugust 21, 2001 be approved as written . A YES : NAYS: ABST A IN : ABSE NT: Lathram , Mueller, Waggoner, Welker, Krieger None Weber Rempel , Stockwell, Willis The motion carried. Ill. EXECUTIVE SESSION PROCEDURES City Attorne y Dan Brotzman City A ttorney Brotzman updated Commission members on procedures to be followed if the y go into "executive session " and cited the following points: • All meetings held by City Council, Boards, or Commissions are open meetings; • There are very limited reasons wherein an executive session is acceptable; • The Planning Commission may onl y go into executive session on litigation issues; • Ex ecutive session proceedings are to be recorded ; either by tape or manually; H:1GR0l:P' BO ARD S\PLANCO MMl.\.l inu1cslMinu 1cs :oo ll PC M 09-:oo I A.doc .• • • • • "Minutes" of the executive session must be approved by the Board or Commission at the end of the meeting; • Approval may be that the discussion was recorded -not an actual transcription of the session; • The tapes/notes are private; • Any individual must to through the Courts to get a copy of executive session pro- ceedings; • Records of executive sessions must be destroyed after 90 days; • Decisions and discussion leading up to decisions must be done in a public setting. Mr. Brotzman stated that the Commission could violate executive session protocol in one of two ways: • Discussion in executive session of an unapproved topic; • Decisions made in executive session Mr. Brotzman advised members that the City Attorney's office defends all board members individually as well as collectively when sued as a result of action taken. He reiterated the need for deliberations and decisions to be conducted in a public forum. Public delibera- tions and decisions by any board or commission are less subject to challenge, and are much easier to defend in Court. Mr. Brotzman asked if there were any questions; brief discussion followed. He then ex- cused himself from the meeting. IV. MGM SUBDIVISION 3296 South Zuni Street Final Plat CASE #SUB 2001-03 Ms . Langon stated that copies of the clarified plat were included in the packet. She sum- marized a discussion she had with Dave Henderson of the Public Works Department. He had discussed the issue with Engineering Manager Kahm, as well as Paul Kapaun, retired City Surveyor, regarding the issue of discrepancy. All three agreed that the plat as consid- ered on August 21, 2001 was "acceptable", but they also agreed that the discrepancy in figures was confusing. The legal description was taken from the title commitment; this was used as the basis for the information on the plat. Based on "field" evidence, there is a dis- crepancy between what is cited in the title commitment legal description and what is actu- ally measured in the field . The plat has now been clarified to indicate that the "dedication" information on the plat corresponds with the figures cited in the depiction of the parcels on the plat. She asked if this explanation clarified the issues of concern to the Commission. Mr. Welker stated that he no longer had any problems with the plat; he did note, however, that the railroad tracks may not be located in the "middle" of the right-of-way . He stated that he did not feel the City was at risk to accept the plat as clarified . H:IGROUPIBOARDSIPL\NCOMM\MinuteslMinu1es 1001 \PC~ 09-2001A.doc • • • Assistant Attorney Reid stated that a motion to accept the Final Plat and recommend ap- proval to City Council is required. She also suggested that the Findings of Fact should be amended to reflect the acceptance of the clarified plat. Welker moved: Lathram seconded: The Final Plat of the MGM Supply Subdivision, dated August 19, 2001, Case #SUB 2001-03, be accepted and be recommended to City Council for approval. AYES: NAYS: Mueller, Waggoner, Welker, Krieger, Lathram None ABSTAIN: Weber ABSENT: Rempel, Stockwell, Willis The motion carried. v. FINDINGS OF FACT A. MGM Supply Subdivision B. Historic Designation Case #SUB 2001-03 Case #HD 2001-01 A. Mr. Weber stated that the Findings of Fact for the MGM Supply Subdivision were to be considered for approval. Waggoner moved: Welker seconded: The Findings of Fact for MGM Supply Subdivision, Case #SUB 2001- 03 be approved. Ms. Reid reiterated her recommendation that the Findings of Fact be amended to reflect acceptance of the Final Plat. Brief discussion ensued. Waggoner moved: Lathram seconded: The Findings of Fact for MGM Supply Subdivision be amended by adding thereto a #6 under Conclusions, to state: "6. The Final Plat for the MGM Supply Subdivision, dated August 29, 2001, was ap- proved by the Planning and Zoning Commission on September 5, 2001 ." The vote on the motion to amend: AYES : NAYS: ABSTAIN: ABSENT: Waggoner, Welker, Krieger, Lathram, Mueller None Weber Stockwell, Willis, Rempel The motion carried . H:'GROUPIBOARDSIPL\NCOMM\Minutc:slMinutc:s 2001 1PCM 09-2001A.doc •' , • The vote was then called on the motion to approve the Findings of Fact for Case #SUB 2001-03 , as amended : AYES : NAYS : ABST A IN : ABSENT: Waggoner, Welker, Krieger, Lathram, Mueller None Weber Rempel , Stockwell, Willis The motion to approve the MGM Supply Subdivision Final Plat carried. B. Mr. Weber stated that the Findings of Fact for Historic Designation of property at 2 734 South Acoma Street were to be considered for approval. Lathram moved: Krieger seconded: The Findings of Fact for Historic Designation of 2 734 South Acoma Street, Case #HD 2001-01, be approved. AYES : NAYS: ABST A IN: ABSE NT: Waggoner, Welker, Krieger, Lathram , Mueller None Weber Willis, Rempel , Stockwell • The motion carried . • VJ. PUBLIC FORUM No one w as present to address the Commission. VII. DIRECTOR'S CHOICE Ms. Langon stated that the next meeting of the Planning Commission is scheduled for Sep- tember 18 th, at which meeting Mr. Graham will be present to provide an update on the framework for the General Iron Works redevelopment. Ms . Langon distributed copies of the "summer report" of Community Development De- partment activities. Mr. Stockwell entered the meeting at 7:40 p .m., and took a seat with the Commission. VIII. A ITORNEY'S CHOICE Ms. Reid briefly discussed the Capital Improvement Program , and noted that Director Simpson will probably be present at one of the October meetings to discuss the CIP budget. She noted that there have been some changes , and the items recommended by the Commission ma y or may not be included in the final budget recommendation . H:'GRO UP',BOARDSIPLANCOMM\M inutcsl Min utcs :?00 llPC :-1 09-:?00 I A.doc 4 • • IX. COMMISSIONER'S CHOICE Mr. Waggoner asked when the Commission could expect a draft of the Transportation plan. Ms. Langon stated that additional public meetings are scheduled for October 2 and Octo- ber 4. They will get "feedback" on the recommendations from the consultant. After this process is completed, she anticipated that there would be a presentation to the Commis- sion. Ms. Krieger asked about progress on the Unified Development Code. Ms. Langon stated that staff is waiting for information from the consultant; once that is received, staff will do an internal review of the information before beginning discussions with the Commission. Ms. Langon stated that study sessions on the UDC will be in "sections"; however, the Pub- lic Hearing will be on the total Code. Brief discussion ensued. Ms. Langon cited several issues that could be controversial, such as height restrictions for residential properties, cor- ner lot restrictions , signage, setbacks in residential districts, and inclusion of an administra- tive variance procedure. Ms. Lathram stated that she understood that ACE (Alliance for Commerce in Englewood ) is also discussing man y of these issues as pertain to the business community. She suggested that Ms. Langon might want to talk to this group . There was nothing further brought up for discussion. The meeting was declared adjourned at approximately 7:50 p.m. H:IGROUP' BOARDSIPL\.'ICOM.'-l\Minu1cs 1Minu1cs 1001\PCM 09-200 IA.doc