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HomeMy WebLinkAbout2003-12-16 PZC MINUTES• • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 16, 2003 CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p.m. in the Englewood City Council Chambers, Chair Waggoner presiding. Present: Absent: Staff: Bleile, Diekmeier, Krieger, Mueller, Roth, Schum, Welker, Waggoner Adams Anthony Fruchtl, Planner Tricia Langon, Senior Planner Assistant City Attorney ancy Reid II. APPROVAL OF TELEPHONE POLL November 4, 2003 Chair Waggoner stated the recording secretary conducted a telephone poll on November 4, 2003 for the approval of th e October 21, 2003 Minutes . Chair Waggoner stated the vote was to appro v e the Minutes with a correction . The telephone poll vo te was 7 ayes , 0 na y s, and 1 abstention. Welker moved : Krieger seconded: The telephone conducted on Nov ember 4, 2003 approving the October 21 , 2003 as amended be appro v ed . AYES: NAYS: ABSTAIN: ABSENT: Bleile, Diekmeier, Krieger, Mueller, Roth , Schum, Waggoner, Welker one None Adams The motion carried. Chair Waggoner stated the November 4, 2003 telephone poll also seeked approval of the Findings of Fact for Case #VAC 2003-01 with a correction. Chair Waggoner stated the vote was to approve the Findings of Fact for Case #VAC 2003-01 with a correction. The telephone poll vo te was 7 ayes , 0 nays, 1 abstention. Mr. Schum moved : Ms. Krieger seconded: The telephone poll conducted on November 4, 2003 approving the Findings of Fact for Case #VAC 2003-01 as amended be approved. AYES: Bleile, Diekmeier, Krieger, Mueller, Roth , Schum, Waggoner, Welker 1 • • • NAYS: ABSTAIN: ABSENT: None None Adams The motion carried. Secretary 's Note: Telephone poll results are attached hereto. Ill. FAMILY CHILD CARE HOME Case #CU 2003-03 4920 South Huron Street Ch air Waggoner stated the issue before the Con:mission is a Public Hearing for a Conditi ona l Use to allow a Family Child Care Home at 4920 South Huron Street, which is located in a R-1-A zone district. He asked for a motion to open the Public Hearing. Ms. Mueller moved : Mr. Schum seconded: The Public Hearing on Case #CU 2003-03 be opened. A Y ES : NAYS: Bleile, Diekmeier, Krieger, Mueller, Roth , Schum, Waggoner, Welker None ABSTAIN: None ABSENT : Adams The motion carried. Chair Waggoner asked staff to present the case. Mr. Schum stated that he knows the applicant, Ms. Pleiman . The y do not have an y financial dealings, and their as sociation will not affect his vote. Chair Waggoner confirmed that it was not a conflict of interest. Ms. Reid responded that it is not a conflict since Mr. Schum disclosed the association and made it clear that it will not affect his decision . Anthon y Fruchtl, Planner was sworn in. Mr. Fruchtl stated th e case is a conditional use for a family child care home within the R-1-A zone district. Mr. Fruchtl presented proof of publication to the Recording Secretary showing the public hearing was published in the Englewood Herald on December 5, 2003. Mr. Fruchtl stated the case before the Commission is Case CU 2003-03. The applicant requests that the Plannin g and Zoning Commission consider her application for a Conditional Use to allow a Family Child Care Home (da y care ) to be located in the R-1-A Single Family Residence District at 4920 South Huron. Per direction from City Council in 1998, a policy was established to address Conditional Use criteria specific to Family Child Care Homes (day care) within the R-1-A Residential Zone District. This criteria was developed due to a lack of direction outlined in the Comprehensive Zoning Ordinance and is a policy that has been in effect since that time. 2 • • Mr. Fruchtl further stated that the City of Englewood requires the applicant establish proof of the following criteria: 1. The applicant is licensed by the State of Colorado. Mr. Fruchtl noted that although Ms. Pleiman's State of Colorado license expires December 16, 2003, he has contacted Kathy Wagoner, a licensing specialist from Front Range Licensing to verify that the applicant has reapplied for a current license. Ms. Wagoner confirmed that she gave a favorable recommendation for the applicant's relicensing, and the applicant would be receiving her license shortly . 2. No code enforcement violations within the past year, prior to June 3, 1996, or no other type of complaint documented about the designated day care use at 4920 South Huron Street. 3. The application adheres to the definition of Famil y Child Care Home. 4. Traffic created by parents will not interfere with regular street traffic for prolonged period of times . 5. Noise levels will not interfere with the tranquility of the neighborhood . 6. The applicant provide written notification to the surrounding property owners by petition . 7 . The applicant adhere to the requirements of the conditional use. Through research , staff has determined that all the criteria have been met. Mr. Fruchtl stated that staff recommends that the Planning and Zoning Commission approve the Conditional Use application to locate a Family Child Care Home (da y care ) at 4920 South Huron Street, located within the R-1-A Single Famil y Residence District with the following condition: 1. The applicant provides the City of Englewood a current copy of the State of Colorado license approving the applicant to operate a Family Child Care Home (day care ) within the State of Colorado. Mr. Fruchtl asked if the Commission had questions for staff or the applicant. Mr. Waggoner stated a letter was received from Larry and Jennifer Weber which does not indicate whether they are in favor or against the application. The letter indicates that the applicant provides good daycare. Mr. Waggoner distributed the letter to the other Commissioners. • Mr. Roth stated the Conditional Use application indicates that if the applicant is not the property owner, the application must be accompanied by the written authorization for such action signed by the property owner. Mr. Roth stated such a letter was not included in the 3 • • • Commission 's packet and asked if it was available. Mr. Fruchtl responded that the applicant indicated that the property owner is her husband's brother and a letter could be provided to the City. Ms. Reid stated the applicant can make that response part of her testimony. Mr. Diekmeier confirmed that the petition signed by the surrounding property owners verifies that they were informed of the applicant's occupation. He asked if the neighbors were made aware of the public hearing. Mr. Fruchtl stated the neighbors were notified by the application when it was circulated and there was also notification of the public hearing within the Englewood Herald. Mr. Schum asked if staff has received any inquiries regarding the application. Mr. Fructhl stated staff has received no telephone calls or office visits regarding the application. Chair Waggoner confirmed that other than the letter received from the Webers, there has been no indication of an yo ne in favor or against the application. Mr. Fruchtl stated that was correct. Diana LaRue , 4920 South Huron Street, was sworn in. Ms. LaRue stated the applicant watches her granddaughter. H er granddaughter has been in other da y care centers, and she wo uldn 't want her granddaughter in any other day care except in her sister's home. She knows her granddaughter is receiving the love and attention she needs . It has been the best thing to happen to her granddaughter and the other children because the y are all lo v ed . The y are not like day care ch ildren ; the y are all like family. When th e parents pick up their children , the y do not just wa lk into the house, grab the child, and le ave. The y sta y and visit with 1\t\s. Pleiman and the other children. It is like one big famil y. There has never be en an y problems . Mr. Waggoner asked w here Ms. LaRue live d. Ms. LaRu e responded that she currently li v es with her sister at 4920 South Huron Street. Mr. Schum moved: Ms. Mueller seconded: The Public Hearing on Case #CU 200 3-03 be closed . AYES: NAYS : Bleile, Diekmeier, Krieger, Mueller, Roth , Schum, Waggoner, Welker None ABSTAIN : None ABSENT: Adams The motion carried. Chair Waggoner asked the pleasure of the Commission. Ms. Krieger moved : Mr. Bleile seconded: To approve the Conditional Use Application in Case #CU 2003-03 to locate a Family Child Care Home (day care ) at 4920 South Huron Street, within the R-1-A Single Family Residence District. 4 • Mr. Welker offered a friendly amendment to place a condition on the motion that the applicant provide the City of Englewood a current copy of the State of Colorado license approving the applicant to operate a Family Child Care Home (day care) within the State of Colorado . Discussion ensued. Ms. Krieger and Mr. Bleile accepted the amendment. Mr. Schum stated his children have attended school with Ms. Pleiman's son, and his family has always found him to be exceptional. He stated he was excited when he saw her application for day care. She has done a good job bringing all the documentation to the Commission and meets all seven criteria . With no further discussion , the secretary polled the Commissioners. AYES: NAYS: ABSTAI N: ABSE N T: Bleile, Diekmeier, Krieger, Mueller, Roth, Schum , Welker, Waggoner None one Adam s The motion c arried . IV. PUBLIC FORUM • No o ne w as p re se nt to addre ss the Commission . • V. DIRECTOR'S CHOICE Ms. Lan go n stat ed a schedule of the 2004 Commi ssion meetings w as included in the Commissi o n's pac ket. Furth e r, th e ne x t sc hedul ed m ee ting is Januar y 6, 2004 w hich w ill be a publi c hea rin g fo r a PU D application at 1296 West Quincy A v enue . M s. Lan go n further st a ted that the Unified De v elopment Code w as before City Council for first reading on Dec ember 15. It passed 7-0 . The amendments discussed at the City Council stud y session were included ; the public hearing is scheduled for Januar y 5, 2004. Ms. Langon invited Commission members to attend and address an y issues that might arise . Ms . Langon wished the Commission a happy holiday season , and if they wished to make a food donation to Inter-Faith, to please drop the food by the Community Development office by noon on December 19, 2003 . VI. ATIORNEY'S CHOICE Ms. Reid thanked the Commissioners who attended the City Council study sessions on the UDC and expressed what a good job they did in answering questions. She stated she would be attending the Code Enforcement Advisory Committee (CEAC) meeting on December 1 7, 200 3 to review the UDC and look at their inoperable vehicle ordinance, which is inconsistent with parking pads, fences, outdoor storage, etc. Her goal is to have them review the UDC City Council approved on first reading, address inconsistencies 5 • • • between the UDC and their proposed ordinances, and determine whether or not they would like to make some changes . It was previously suggested that the Committee meet with the Planning Commission if they had problems with the UDC, but now that the UDC has been passed on first reading she wasn 't sure if the Commission wanted to meet with CEAC. Ms. Reid stated some of the larger amendments by Council were to allow parking pads in the front yard. They also reworked "garage"; there is a new definition of an attached garage and a detached garage. An attached garage must have four feet of common wall with habitable area. Discussion ensued . VII. COMMISSIONER'S CHOICE Mr. Schum stated the Englewood Depot is at the encl of his block and asked the City to do something with it. His neighborhood feels that they are looking at a "great white whale " at the end of the block, and something needs to be done b y the City to turn the Depot into a "mone y maker" or for community use . Something needs to be done before it is destro y ed from just sitting unoccupied . Mr. Welker suggested staff remove "prior to June 3, 1996" from the second criteria containe d in the da y care Conditional Use Applica tion . Ms . Kri ege r ask ed if the written notifi c ation form fo r surr o unding property owners of a propos ed cla y care could be changed to includ e a place for the neighbors to indicate whether the y support or opp o se the application. It would be nice to ha v e some feedback from the surrounding neighbors rather than just kno w ing the y were notified of the meeting. Ms . Langon stated the procedure and forms for the Conditional Use for a da y care center are policy and have ne v er been codified. U nder th e U DC, staff will be chan g ing a number o f th e ap p licati o ns to achie v e a more c o nsi stent process. Discussion ensued . Ms. Reid stated a ne w zoning map ne eds to be m ad e to match the UDC which should go on first reading on January 20, 2004 w hich is when the UDC goes on second reading . It will be brought to the Commission at the Januar y 6, 2004 meeting. She stated she will need to do some research to determine whether or not it needs to be a public hearing. There is no rez o ning of property, however, the district labels need to be updated to be consistent with the UDC. Chair Waggoner reminded those Commissioners whose terms expire in February to submit their application for reappointment b y Januar y 5, 2004. Ms. Mueller, Mr. Diekmeier, and Chair Waggoners' terms expire in February 2004. There was no further discussion. The meeting was declared adjourned at 7:35 p.m . 6 • • • A telephone poll of the Planning and Zoning Commission members was conducted on November 4 by the recording secretary for the approval of the October 21, 2003 Minutes and the Findings of Fact for Case #VAC 2003-01, Vacation of Trolley Square Planned Development. October 21 , 2003 Minutes Mr. Welker offered the following amendment: Page 4, paragraph 4 should read "Mr. Welker stated there is a new curb cut on Broadway, as well as left turn and right turn lanes that took away ... " AYES: NAYS: ABSENT: ABSTAIN: Bleile, Diekmeier, Krieger, Mueller Roth , Schum, Welker, Waggoner None None Adams Minutes were approved as amended b y a vote of 8-0. Findings of Fact for Case #VAC 200 3-01 Mr. Roth asked that the Findings be amended to include an explanation of the Developme nt Agreement. Th e Findings of Fact we re amended as follows: AYES: NAYS: "9. THAT a Developm e nt Agreement b e twe en th e City and Dillon Real Estat e Company, f)erttiinin~ to lcincl cff .... clicti t iun for futu r e West Floy< I Avenu e macl\vay imfJmvements, be prepared and re corded prior to vacating th e Plann ed Development.". Bleile, Diekmeir, Krieger, Mueller, Roth , Schum, Welker, Waggoner None ABSENT: None ABSTAIN: Adams The Findings of Fact for Case #VAC 2003-01 were approved as amended by a vote of 8-0 .