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HomeMy WebLinkAbout2008-07-08 PZC MINUTES? • ,, . • • • Planning an d Zoning Study Session July 8, 2008 Page I of6 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION July 8, 2008 I. CALL TO ORDER Th e regular meeting of the City Plannin g and Zoning Commis si o n was called to orde r at 7:06 p .m. in th e Community Developm e nt Conferen ce Room of th e En g l ewood Ci v i c Center, Vice Chair Knoth presiding. Pr ese nt: Abse nt: Staff: Guests : Roth, King, Welker, Calonder, Krieger (ent ered 7:10}, Knoth, Bri ck Fish (Excused), Bleile (Excused ) Tricia Langon, Senior Plann er Nancy Reid , Assistant City Attorney Greg Allen-Pickett Ron and Robin Noffsinger Anne and Miguel Drake Bob McCaslin (e ntered 7:57) II. APPROVAL OF MINUTES June 1 7, 2008 Mr. Roth moved : M r. Welker sec o nd ed: TO APPROVE THE JUNE 17, 2008 MI N UTES Vice Chair Knoth asked if there we re any modifications or corrections . M r. Welker had a question on page 2 r ega rdin g 9 foot setbacks and in th e last paragraph on page 3 un der height. He asked for clarification on both at the next Stud y Session for the Med i ca l Di strict Small Area Plan . AY ES: NAYS: ABSTAIN: ABSENT: Roth, Welker, Krieger, Calonder, Knoth, King None Brick Fish , Bleile Motion carried. 111. BOARDING AND ROOMING HOUSE REGULATIONS Vice Chair Knoth noted that Stud y Session is for members to discuss an issue; it is not open to th e public to discuss. There will be a Public Forum part of th e m eetin g where th e publi c Planning and Zoning Study Session July 8, 2008 Page 2 of 6 • can present their comments. This issue is going to a public hearing on Jul y 22'"1 where th ere wi ll be an opportunity for the public to add ress the Commission. • • Ms. Langon said tonight's discussion is not about any one particular situation , it is about th e Ordinance as a policy. The housekeeping amendments and the lot width amendments are not represented in the Staff report because the y are not ye t appro ved. In th e memo from Na nc y Reid to Dan Brotzman dated June 4, 2008 the passage of the UDC da te is shown as 2000, it should be 2004. Boarding and rooming house was in the Code as a use prior to the UDC changes in 2004 . With the UDC the definition was l eft o u t and the use was included in the Group Li v in g Fac ilities category. Boarding houses really do not fit under the Grou p Li v in g Fac iliti es category since those are facilities that are generally care giver t ype situations and have specific defined definitions by state statute for the different t ypes of hom es and oft en deal w ith protected classes of people. When Council directed Staff to loo k at thi s Ordinance Staff looked at four things: 1. How do we classify the use? 2. What zone distri cts is it going to be allowed in? 3. What type of procedures do we use? 4. What happens with ex i sting boarding houses? HO W DO W E CLASSIFY THE USE Is it a residential or commercial use? Because the length of sta y of th e border is generall y for a longer period of time it was determined to be a residential use . The County wo ul d assess it as a residential use. W H A T ZONE DISTRICT IS IT GOING TO BE ALLOWED IN Staff looked at all of the zone districts and felt that in the R-1 -A, B and C districts, being single-famil y and the lowest density, a household that had boarders would lean more toward multi-unit in its impacts on a neighborhood. Staff looked at prohibiting it in these districts. Staff felt it should be allowed in the R-2 and R-3 districts. W H A T TYPE OF PROCEDURES DO W E US E It could have been an allowed use as a permitted use (Use b y Right ), a Limited Use or a Conditional Use. A Conditional Use would come through the Commission to r ev ie w. Th e only w ay to have a review and neighbor or community input was through the Conditional Use process . As a Use b y Right, if the applicant met the City's criteria there would be n o real review. As a Limited Use it wou l d only be an administrati ve or staff re v ie w w ithout public input. Conditional Use would be the on ly means that wo uld allow public input. There are st andard c riteria for all C o ndi t ional Uses . Under the Conditional U se th e applicant wo ul d su bm it an appl i cation, t he re wou l d be Staff review, the City wo uld require a notice be pub l ished i n the newspaper and the property posted, a p u b l ic hearing wo uld be held and t he r e is an appea l process. As of Ju ly 2 1, 2008 t he pub l ication requirement w ill be .. . . Pl an ning and Zonin g Study Se ss ion July 8 , 2008 Page 3 of 6 • in the newspaper and /or on the web. It is the standard process for all Conditional Uses. In addition to the standard criteria there are also some use specific standards on page 4 of th e memo included in the staff report. Those are: the use shall apply for and recei ve a Conditional Use Permit, the use shall be limited to an owner occupied, one-unit d we lling, the use shall submit a Zoning Site Plan for review b y the City for compliance with all zoning and housing regulations, the use shall be non-transferable, the use shall have a City Sal es Tax license, if required, and the use shall comply w ith all applicable City codes . • • WHAT HAPPENS WITH EXISTING BOARDING HOUSES? Language regarding "grandfathering" is not in the text of the UDC, it is in the te xt of th e Ordinance. Since over time, it would be assumed that any existing boarding or rooming houses would either come into compliance or over time would cease to operate . To qualify as "grandfathered" under this Ordinance and , th erefore, not be required t o have a Conditional Use hearing, the party claiming such existing us e must register as an ex istin g boarding house within sixty days of final passage of this ordinance, showing: 1. Proof acceptable to the City Manager or designee that this bo arding or rooming house was operating prior to the effective date of th e moratorium ordinance. 2 . Present a current zoning site plan including existing parking spaces , etc. This concluded Ms. Langon 's presentation. Mr. King asked what the difference is between this and three gu y s renting a hous e. Ms . Langon said by definition of household, you cannot have more than t wo unr ela t ed adults living in a home. Mr. Brick said he would like to see the Commission exclude R-1 and R-2 from the "grandfathering " clause . He referenced Roadmap Englewood 2003 under H o usin g, Objective 1.2 .... Encourage housing that serves different life cycle stages includin g housing for singles, couples, small and large families and empty nesters and the elderl y. He said he believes R-1 and R-2 is designed for single families and boarding houses do not contribute to the cleanliness and orderliness of those areas. If it makes it easier at this tim e, he said h e would go with excluding "grandfathering" from the R-1 zone district onl y . Clarificati o n was needed as to whether it was legal in R-1 at this time. Ms . Lang on said up until 2004 it wo uld have been allowed. From 2004 to the present it would have been allo w ed on ly as group living facility. But, under that category you must have 24 hour supervision by qua li fied staff. There was no requirement to be registered as there are group living facilities that do not have to be licensed by the State. Several members agreed they did not wa nt boarding houses in the R-1 district. Mr. King asked what happens if the use that is "grandfathered " in becom es a nuisance t o the neighborhood. The City would become involved if there was a violation of other Ordinances . The goal would be to make them comply. Mr. King asked if that wo uld take their "grandfathered " right away. Ms . Langon stated it wou ld not. She also noted that a , ' Planning and Zoning Study Sess ion July 8 , 2 008 Page 4 of6 • Conditional Use has an annual review. Ms. Langon said it doesn 't matter if the y are a new or "g randfathered " use , the y still ha ve to meet all of the criteria. One criterion is th e annual re v i ew . If, for some reason , it is determi"ned that they are not m ee ting th e standards t hen that C o ndition al Use could b e revoked . Th e Commission can also add on cond itions durin g the Public H ear ing for a specific use on an individual basis . • • Mr. Welker asked to touch on the subject of what th e upper limit num be r of rooms for borders should be . After discussion the members felt the ma x imum numb e r of ro oms should be four. Mr. Welker said he would like to add that no signage be allow ed as a criteria. The Commission discussed the parking criteria . Parking spaces must be a hard surface. Mr. Welker said he wanted to discu ss why the Commission is not considering it for multi- unit buildings. Ms. Langon said in a multi-unit building (more th an 2 units) you cou ld ha ve someone in a three or four bedroom apartment deem themselves a rooming hou se w ithin that apartment building. Mr. Welker stated he was not proposing this be allo wed, he just wa nted the issue to be discussed. The Commission agreed one of the criteria should be the use shall be limited to an owner occupied, one-unit dwelling. Ms . Langon noted there are several spelling errors in the meeting packet cop y which will b e corrected . She asked if there were an y other comments . Mr. Welker noted on pag e 7 of the Title 16 changes under exceptions it re ads: Lodging i n a dwelling unit or where units are rented on less than a monthly basis is classified in th e visitor accommodation use category. He said we rea ll y are not looking at boarding houses renting on a weekly basis . He felt the time frame was unclear. Discus sio n continued re ga rding tenancy. Ms. Langon asked if the Commission wanted it specified t ha t tenanc y is a minimum of thirty da y s. Con$ensus was they did . Ms. Langon said Staff will add the minimum of thirty day tenancy, ma xim u m of four ro oms and no signage allowed to the Ordinance . The Public Hearing w ill be hel d on Jul y 22 '1(1 • V. PUBLIC FORUM Mr. Gregg Allen-Pickett stated he was very interested in this issue and the im pact it w i ll have on Englewood . He thanked the Planning and Zoning Commission for th eir service t o the community. He liked excluding boarding houses currentl y in the R-1 districts from the gra ndfathering clause and encouraged the Commission to set an additional condition whereas applicants would have to obtain signatures of adjoining property owners when applying for the Conditional Use. He also asked one of the conditions be th at onl y property owners in the R-2 districts could apply . Mr. Ron Noffsinger thanked the Commission for the job the y do. He stated he d id not believe the use should be grandfathered in the R-1-C zone district. He asked the re be a time limit the boarding houses have been running set as a criteria for grandfathering. Planning and Zoning Study Sess io n Jul y 8, 2008 Page 5 o f 6 • Ms. Anne Drake said in the ongoing efforts to protect the chara cteristi c s of her neighborhood she appreciates the new code that will prohibit future boarding ho uses in the R-1 districts . She asked the Commission to add a requirement that existin g bo a rding houses not be grandfathered in the R-1 districts, but have to undergo the Conditional Use hea rin g and that boarding houses currently in existence have to have hard surfac e parking spa c es. She appreciated the Commission adding no signage allowed to the Ordinan ce . Sh e asks that the Commission require that boarding and rooming houses regist er with the County Assessor. • • Mr. Miguel Drake thanked the Commission for doing a fantastic job and looking out for th e citizens of Englewood. He would like to see boarding houses excluded from th e R-1 districts completely, but feels that should be thought about carefull y before any ac tion is taken. Under the requirements that stated the applicant must regist er with the C o unty, he suggested adding or other jurisdictions. He also suggested adding anything b ey ond four rooms is a prohibited use within the area. He asked if ther e w as a requirement for AD A parking. Council Member Mccaslin thanked the guests for coming in and the Commissi o n fo r th eir time and hard work. He said the Planning and Zoning Commission is held to the hi g hest regard. He stated City Council depends a lot on the public's feedback for the Council to make the right decision for the citizens of Englewood . VI. DIRECTOR'S CHOICE Director White was not present. VII. A TIORNEY'S CHOICE Ms . Reid had nothing further for the Commission. VIII. STAFF'S CHOICE Ms. Langon reminded the Commission of the Annual Board and Commission Ap p reci ation Night on Monday, August 11th at 6:30 at Pirates Cove . Mr. Lester Myers, alternate, has indicated he is going to resign from the Board . Ms. Lan go n has not received the formal notice yet. On Jul y 7th City Council held the public hearing on lot width . The second reading w ill b e on the 21 51 • There will be three public hearings on July 22 "d : 1 . 2 . 3 . Conditional Use for a parking lot Boarding and Rooming houses Housekeeping Amendments . ' Planning and Zoning Study Session July 8 , 2008 Page 6 of 6 • She asked if there was anyone who would not be able to attend the meeting on th e 22 '1(1 as it is important there be a quorum. • • Ms . Langon cautioned the Commission members to not discuss any of the issu es coming up at public hearings with anyone. IX. COMMISSIONER'S CHOICE Mr. Brick reminded the public this issue is not resolved and you ne ed t o expre ss your opinions you expressed tonight at th e Public Hearing. He thanked his fellow Commissioners for the discussion tonight, it was very informative. Ms. Krieger asked if anyone knew why the Commission's Chair has b ee n absent for numerous meetings. She said it is a big concern in her opinion. Mr. Welker said he sent th e Chair an email, but he is on vacation. He said he is also concerned and will follo w-up w ith Mr. Bleile next week. Ms. Langon said Staff will present mid-year attendance record s at th e next meeting . Mr. King thanked the public for attending the meeting and asked that the y all att en d the Public Hearing. Mr. Calonder asked for the address of the boarding house currently in Englewood. Ms. Reid asked Ms. Langon to provide that information to him at a later time. The meeting adjourned at 8:40 p.m. Barbara Krecklow, R