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Home My WebLink About1992 Ordinance No. 041ORDINANCE NO . !/J SERIES OF 1992 BY AUTHORITY COUNCIL BILL NO. 36 .1 INTRODUCED BY COUNCIL MEMBER GULLEY AN ORDINANCE APPROVING THE REZONING OF PROPERTY BOUNDED BY THE CENTERLINES OF WEST EVANS AVENUE AND SOUTH ZUNI STREET, THEN EAST ALONG THE CENTERLINE OF WEST EVANS AVENUE TO THE CENTERLINE OF SOUTH RARITAN STREET, THEN SOUTH ALONG THE CENTERLINE OF SOUTH RARITAN STREET TO THE CENTERLINE OF Wl';ST EVANS AVENUE· WEST ADRIATIC PLACE ALLEY; THEN WEST ALONG THE CENTERLINE OF WEST EVANS AVENUE · WEST ADRIATIC PLACE ALLEY TU THE CENTERLINE OF SOUTH VALLEJO STREET; THEN CONTINUING WEST ALONG THE CENTERLINE OF THE WEST EVANS AVENUE · WEST ADRIATIC PLACE ALLEY EXTENDED TO THE CENTERLINE OF SOUTH ZUNI STREET; THEN NORTH ALONG THE CENTERLINE OF SOUTH ZUNI STREET TO HE CENTERLINE OF WEST EVANS AVENUE, FRC-M B-2, BUSINESS TO B-3, BUSINESS ALSO, BEGINNING AT THE OENT3RLINES OF WEST ADRIATIC PLACE EXTENDED AND SOUTH ZUNI STREET; THEN NORTH ALONG THE CENTERLINE OF SOUTH ZUNI S'l'REBT A. DISTANCE OF 163 FEET; THEN EAST TO THE CENTERLINE OF SOUTH VALLEJO STREET; THEN SOUTH TO THE CENTERLINE OF WEST ADRIATIC PLACE Ell.TENDED; THEN WEST ALONG THE CENTERLINE OF WEST ADRIATIC PLACE EXI'ENDED TO THE CENTERLINE OF SOUTH ZUNI STREET FROM R-2-C, MEDWM DENSITY RESIDENCE TO B-3, BUSINESS . WHEREAS , thi s area has heen under consideration for rezoning for several yean in order to address some long standing land use conOicta ; and WHEREAS, the West Evans properties between South Vallejo and South Zuni are currently zon ed by two zone classifications B-2 and R-2-C, and due to the pressure for development of auto related uses similar to those in the Denver porthm of this corridor as well as this area proximity to the light industrial areas; and WHEREAS, the current D-2 zoning of this area does not recognize the unique nature of this corridor and is significantly different than other property zoned B-2 in Englewood ; and WHEREAS , th e proposed rezoning request was brought about as the result of discussion s with various prope rty antf bus iness owners seeking a way to develop and in so me cas es re de ve lop th is area; and WH EREAS , the current zon in ,. B-2, and R-2-C, does not accu r ately refl ect the nature of the corrid or wh ~n viewed in th e la,~,., .. re gi onal contexl j and WH EREAS, auto rela ted uses a r e the predo n<nate land use in th e corridor west of South Santa Fe Drive: and WH E REAS , by rezo nin g this corrid-,r to B-3 from the its current zonings of B-2 and R-2-C, this corrid or will more clo sel y resembl e th e uses similar to those of th e Denver; -1 - 1 0 b NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Si:wwi..l . The rezo ning of the property de ,cribed below from B-2 , Bu,ineH to B .. J, Busin ess is hereby approved: Beginning et the centerlines of West Even s Avenue end South Zuni Street; then East along th e centerline of We st Evens Avenu e to the centerline of South Raritan Street; th en along the centerline of South Raritan Street It, the centerline of West Evens Avenue • West Adriatic Place Alley ; then We st along the centerline of Weal Evans Avenue• West Adriatic Place Alley to the centerline of South Vallejo Street; then continuing West along the centerline of We al Evens Avenue • West Adriatic Place Alley extended to th e centerline of South Zuni Street; then North along the centerline of South Zuni Street to th e centerline of We st Evens Avenue. ~ The rezon ing of the property described below from R-2-C, Medium Density Residence to B-3, Bus iness is hereby approved: Beginning at the centerlines of West Adriatic Place extended end South Zuni Street; then North along the centerline of South Zuni Street a distance of 163 feet; then East to the centerline of South Vallejo Street; then South to the centerline ofWeat Adriatic Piece extended; then West along the centerline of West Adriatic Place extended to the centerline of South Zuni StreeL Introduced, read in full, end passed on lint reading on the 8th day of Se~tember, 1992. Publish ed aa a Bill for an Ordinance on the 10th day of September, 1992. Amended and reintroduced, read in full , and passed as amended on the 2ht day of September, 1992. Republished as emended on the 24th day of September, 1992. ATTEST: ~2_fuJ Patricia H. Crow , City Clerk no .. .1. r.. /.1 · _ ~--~~ E-~ I, Patricia H. Crow, City Clerk of th e City of Engl ewood , Colorado, hereby certify that the above and for egoi ng is a true co py of the amend ed Bill for an ordinance, reintroduced, r ead in full , and passed as amend ed on the 21st day of September0 , . 17 / ~ ~4.,,_9dfl..~-- Patricia H. Crow . 2 - ORDINANCE NO ._ SERIES OF 1992 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 36 .1 INTRODUCED BY COUNCIL MEMBER GULLEY AN ORDINANCE APPROVJNG THE REZONING OF PROPERTY BOUNDED BY THE CENTERLINES OF WEST EVANS AVENUE AND SOUTH ZUNI STREET, THEN EAST ALO NG THE CENTERLINE OF WEST EVANS AVENUE TO THE CENTERLINE OF SOUTH RARITAN STREET, THEN SOUTH ALONG THE CENTERLINE OF SOUTH RARITAN STREET TO THE CENTERLINE OF WEST EVANS AVENUE· WEST ADRIATIC PLACE ALLEY ; THEN WEST ALONG THE CENTERLINE OF WEST EVANS AVENUE· WEST ADRIATIC PLACE ALLEY TO THE CENTERLINE OF SOUTH VALLEJO STREET; THEN CONTINUING WEST ALONG THE CENTERLINE OF THE WEST EVANS AVENUE · WEST ADRIATIC PLACE, ALLEY EXTENDED TO THE CENTERLINE OF SOUTH ZUNI STREET; THEN , ORTH ALONG THE CENTERLINE OF SOUTH ZUNI STREET TO THE CENTERL!N r.. •'>!' WEST EVANS AVENUE, FROM B-2, BUSINESS TO B-3, BUSINESS ALSO, BEGIN'i'!:NG AT THE CENTERLINES OF WEST ADRIATIC PLACE EXTENDED AND SOUTH ZUNI STREET; THBN NORTH ALONG THE CENTERLINE OF SOUTH ZUNI STREET A DISTANCE OF 163 FEET; THEN EAST TO THE CENTERLINE OF SOUTH VALLEJO STREET; THEN SOUTH TO THE CENTERLINE OF WEST ADRIATIC PLACE EXTENDED ; THEN WEST ALONG THE CENTERlJINE OF WEST ADRIATIC PLACE EXTENDED TO THE CENTERLINE OF SOUTH ZUNI STREET FROM R-2-C, MEDIUM DENSITY RESIDENCE TO B-3, BUSINESS . WHEREAS, thi s area bu been under consideration fur rezoning for teveral yean in ord er lo address some long ltanding land use confllcla ; and WHEREAS, the Weal Evans properties between South Vallejo and South Zuni are currently zoned by two zone classifications B-2 and R-2-C, and due lo the pressure for devtlopmenl or auto related uses similar to those in the Denver portion of thia corridor aa well II thi1 area proximity lo the light industrial areu; and WHEREAS , the current B-2 zoning or this area does not recognize the unique nature orthia corridor and is significantly different than other properly zoned B-2 in Englewood ; and WHEREAS , the proposed rezoning request wu brought about aa lhe result or di1CU11ion1 v.ith various property and business owners seeking a way to develop and in some cases redevelo p thi s area; and WH EREAS , th e current zon ing, B-2, and R-2-C, does not accurately refl ec t th e na t ure of the corrido r wi en vi t!wtd in the larger region al context; and WHEREAS, auto rel eted us es are th e p~dominate lan d use in the corridor we st of South Santa Fe Dri ve; and WHE REAS, by rezo ning this corrid or to B-3 fro m th e its current zonin gs of B-2 and R-2-C , th is corridor will mo re closel y r esemble the u ses si milar t c. those of th e Denver; . 1 . NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 5Jil:l.iluu, The rezonin1 of the property des cribed below from B-2, Buaine BS to B-3, Buai neSB is hereby a pproved : Be 3i nning at the centerlines of West Evan s Avenu e and South Zuni Street ; then Ea st along the centerline of West Evana Avenue to the centerline of South Raritan Stree t ; then along the centerline of South Raritan Street to the centerline of Weal Evan• Avenue -West Adriatic Place Alley ; then We ■t along the conterlint of Wt■l Evans Avenue -Weit Adriatic Place Alley to the centerline of South Vallejo Street; then continuinr Welt alon1 the centerline of Wetl Evan, Avenue -Weal Adriatic Place Alley e:rtended to the centerline of South Zuni St .... t; then North alo .1g the centerlin e of South Zuni Street to the centerline of West Evans Avenue . ~ The rnoning of the property described below from R-2-C, Medium Den aity Resi dance to B-3, Buaine11 io hereby approved : Beginning at the centerline• of Weal Adriatic Place OJttended and South Zuni Street ; then North alonr the centerline of South Zuni Street a distance of 163 feet; then East to the centerline of South Vallejo Street; then South to the centerline ofWeot Adriatic Place e:rtended; then Weot along the centerline ofWeot Adriatic Place OJttended to th e centerline of South 1Ami Street. In troduced, read in full , and paued on first reading on the 8th day of September, 1992. Published aa a Bill for an Ordinance on the 10th day of September, 1992. Amended and reintroduced , read in full , and paased as amended on the 21st day of September, 1992. Republished a1 amended on the 24th day of September, 1992. A Publi c Hearing was held on the 5th day of October, 1992. Read by title and pused on final reading on the 5th day of October, 1992. Published by title as Ordinance No. ~ Seri es of 1992, on th e 8th day ofOctober, 1992 ATl'FSI': Cly de E. Wiggins, Mayor Patricia H. Crow, City Clerk I, Patricia H. Crow, City Cl erk of th e City of Englewood , Colora do, here by certify that the above and foregoi ng is a true co py of the Ordinan ce passed on fi nal readi ng and pub lish ed by title as Ordinance No . _, Series of 1992. Patricia H. Cro w -2- COUNCIL COMMUNICATION S ep tember 21 , 1992 INITIATED BY STAFF SOURCE Agenda Item 11 e City Attorney's Offic e Rick DeWitt . C1ty Attorney ISSUE/ ACTION PROPOSED Subject Rezoning Ordlnance Am endment Council ls requested to amend Council Bill No . 36 to correct the m1s-ldent1flcatlon of the present zone d esignations of the areas proposed to b e rezoned . PREVIOUS COUNCIL ACTION Council a p;..rove d thls Council Bill on first r eadlng at their September 8 , 1992 mee ti ng. STAFF ANALYSIS This amendment to Council Bill No . 36 '.s nec essary to correc t an error In the In troduction of the ortgtnal Bili , which r eversed the zone d esignation of the two areas p ro pose d to be rezoned to B-3. The first area was Identified as R-2-C, Medlum Density Reside n ce , Instead of B-2 . Bu s iness. Th \ s ec on d area was Id en tifie d as B-2 . Bu s iness In stead of R-2 -C , Medlum Den sity Re s id ence . ORDINANCE NO ._ SERIES OF 1992 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 36.1 INTRODUCED BY COUNCIL MEMBER GULLEY AN ORDINANCE APPROVING THE REZO NING 0 1• PROPERTY BOUNDED BY THE CENTERLINES OF WEST EVANS AVENUE AND SGUTH ZUNI STREET, THEN EAST ALONG THE CENTERLINE OF WEST EVA?:$ AV",,:NUE TO THE CENTERLINE OF SOUTH RARITAN STREET, THEN SOUTH ALONG THE CENTERLINE OF SOUTH RARITAN STREET TO THE CENTERLINE OF WEST EVANS AVENUE· WEST ADRIATIC PLACE ALLEY; THEN WEST ALONG THE CENTERLINE OF WEST EVANS AVENUE . WEST ADRIATIC PLACE ALLEY TO THE CENTERLINE OF SOUTH VALL&JO STREET; THEN CONTINUING WEST ALONG THE CENTERLINE OF THE WEST EVANS AVENUE . WEST ADRIATIC PLACE ALLEY EXTENDED TO THE CENTERLINE OF SOUTH ZUNI STREET; THEN NORTH ALONG THE CENTERIJNE OF SOUTH ZUNI STREET TO THE CENTERLINE OF WEST EVANS AVENUE, FROM B-2, BUSINESS TO B-3, BUSINESS ALSO, BEGINNING A1' THE CENTERLINES OF WEST ADRIATIC PLACE EXTENDED AND SOUTH ZUNI STREET; THEN NORTH ALONG THE CENTERLINE OF SOUTH ZUNI STREET A DISTANCE OF 163 FEET; THEN EAST TO THE CENTERLINE OF SOUTH VALL&JO STREET; THEN SOUTH TO THE CENTERLNE OF WEST ADRIATIC PLACE EXTENDED; THEN WEST ALONG THE CENTERLINE OF WEST ADRIATIC PLACE EXTENDED TO THE CENTERLINE OF SOUTH ZUNI STREET FROM R-2.C, MEDIUM DENSITY RESIDENCE TO B-3, - BUSINESS. - WHEREAS , this area baa been under consideration for nzoning for nveral yean in order to addreH some long standinc land use conflicts; and WHEREAS, the West Evans properties between South Val,ejo and South Zuni are currently zoned by two ,one classifications B-2 and R-2-C, and due to the pressure for development of cut.o Telated uses similar to thoae in the Denver portion of this corridor ea well aa this area pro,imity to the light industrial areas ; and WHEREAS, the current B-2 ioning of this area does not recogniie the unique nature of this corridor and is significantly different than other property zon!d B-2 in Englewood ; and WHEREAS, the proposed rezoning request was brought about as the result of discussions with various prop erty and busin ess owners seek ing a way to develop and in some cases redeve lop thi s area; and WHEREAS, th e current zoning, B-2 , and R-2-C, doe s not accurately reflect the nature of th e corrid or when viewed in the larger regional context; and WHEREAS , auto r ela ted uses are the predo minate land use in the corridor west of South Santa Fe Drive; and WHEREAS, by rezoning this corridor to B-3 from the its current zonings of B-2 and R-2-C, th is corridor will more closely re se mb le the uses similar t.o those of the Denver: ·1 · NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC!L OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: ~-The rezonin,1 of the property described below from B-2, Buoine H to B-3, Buoineas is hereby approve d : Beginning at the centerlines ofWeat Evans Avenue anc', South Zun i Stree t; then Ea st alon g the centerline of West Evan s Avenue to the centerline of South Raritan Street; then along the centerline of South Raritan Street to th fJ cent,,rline ofWeat Evans Avenue -West Adriatic Place Alley; then We s t ~lone the ce nterline of We ■t Evan s Avenue • West Adriatic Place Alley to the centerli,ne c·; 5outh Vallejo Street; then continuine We st alone the ce nterline of Weal Evan, Avenue -West Adriatic Place Alley extended to the centerline of South Zuni Street; then North along the centerline of South Zuni Street to the centerline of Weal Evans Avenue, ~ The rezoning of the property described below from R-2 -C, Medium Den si ty Residence to B-3, Buoiness is hereby approved: Beginning at the centerlines of West Adriatic Place ntended and South lu,ai Street; then North along the centerline of South Zuni Street a distance of 163 feet; then East to the centerline of South Vallejo Street; then South to the centerline ofWeat Adriatic Place extended; then West along the centerline of Weal Adriatic Place extended to the o;,nterline of South Zuni Streel Introduced, read in full, and passed on fint ·,eaionc on the 8th day of September, 1992, Published as a Bill for an Ordinance on the JO';h day of September, 1992. Amended and reintroduced, read in full, &1:d passed as amended on the 21st day of September, 1992, Republished aa amended on the 24th day of September, 1992. --Clyde E , Wiggins, Mayor ATTEST : Patricia IL Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colondo, hereby certify th•t the above and foregoing is a true copy of the am end ed Bill for an ordinance, reintroduced , read in full , and passed as amend ed on the 21st day of September, 1992 . Patricia H, Crow -2 - ORDT.NANCE NO ._ SEPJES OF 1992 BY AUTHORITY A BILL FOR AN ORDINANCE APPROVING THE REZONING OF PROPERTY BOUN DED BY THE CENTERLINES OF WEST EVANS AVENUE AND SOUTH ZUNI STREET, THEN EAST ALONG THE CENTERLINE OF WEST EVANS AVENUE TO THE CENTERLINE OF SOUTH RARITAN STREET, THEN SOUTH ALONG THE CENTERLINE OF SOUTH RARITAN STREET TO THE CENTERLINE OF WEST EVANS AVENUE· WEST ADRIATIC PLACE ALLEY; THEN WEST ALONG THE CENTERLINE OF WEST EVANS AVENUE. WES1· ADRIATIC PLACE ALLEY TO THE CENTERLINE OF SOUTH VALLEJO STREET; THEN CONTrNUING WEST ALONG THE CENTERLINE OF THE WEST EVANS AVENUE · WEST ADRIATIC PLACE ALLEY EXTENDED TO THE CENTERLINE OF SOUTH ZUNI STRE~; THEN NORTH ALONG THE CENTERLINE OF SOUTH ZUNI STREET TO THE CENTERLINE OF WEST EVANS AVENUE, FROM R·2·C, MEDIUM DENSITY RESIDENCE TO B -3, BUSINESS AU<>, BEGINNING AT THE CENTERLINES OF WEST ADRIATIC PLACE EXTENDED AND SOUTH ZUNI STREET; THE N NORTH ALONG THE CENTERLINE OF SOUTH ZUNI STREET A DISTANCE OF 163 FEET; THEN EAST TO THE CENTERLINB OF SOUTH VALLEJO STREET; THEN SOUTH TO THE CENTERLINE OF WEST ADRIATIC PLACE EXTENDED; THEN \VEST ALONG THE CENTERLINE OF WEST ADRIATIC PLACE EXTENDED TO THE CENTERLINE OF SOUTH ZUNI STREET FROM B-ll, BUSINESS TO B-3, BUSINESS. WHEREAS, this area has been under consideration foe rezoning for HYeral yean in order ID address some long standine land we conftiets; and WHEREAS, the West Evans properties between South Vall~o and South Zuni are currenlly zoned by two zone claulflct.tions B-2 and R-2-C, and due ID the pressure for developmen t of au ID related uses similar ID those in the Denver portion of thi1 corridor u well as this area pro,imity to the light industrial areas; and WHEREAS, the current B-2 zonine ofthi• area doe• not recognize the unique nature of this corridor and is significantly different than other property zoned B-2 in Englewood; and WHEREAS , the proposed rezoning n,quest was brought about u the remit of disC111sion s with various property and business ownen seeking a way ID develop and in some cases redevelop th is area ; and WHEREAS, the current zoning, 8 -2, and R-2-C, does not accurately reflect the nature of the corridor when viewed in the larger regional context; and WHEREAS , aulD r ela ted uses are the predominate land use in the corridor west of South Santa Fe Drive; and WHEREAS, by rezoning this corridor to 8 -3 from the its current zonings ofB,2 and R-2-C, th is corrid ')t will more clo sely resemble the uses similar to those of the Denver; -1- the project. The City, through the Englewood Urban Renewal Authority , docs have the power to condemn the Mall for redevelopment ; however, once condemnation ~roc:eedines are insti - tuted, Ul/1 City must have funds available to de~sit with the/County until a valuation hearing is held . Js necessitates having a developer with funds av~le ready and willing to proceed once the opcrty has been condemned. A "friendly" coJidemnation is when the property owner w· ~rec to the condemnation action . Mr. Stitt pointed out that there is a lot of work yet to be do before the condemnation proceedings can beain , · Discussion ens . Mr . Shoop asked if the City would lave an opportunity to work with the redeveloper. Stitt stated that the City will have to ~w and be party to everything before getting into cond lion . Mr. Schultz asked if lhiJ,process could include such things as changes in traffic s, improvements along U.S. :iRIS, etc . Mr. Stitt sucgcstl'd that these things would pro be considered as "in-kind col\Sibutions" from the Ci(¥, and not be an actual outlay of the ~eloper. Mr. Stitt pointedt1t that in the EURA projects, the EURA fir,:inccd the infrastruClllre items, such as the En wood Parkway, the Plaza at Little Dry C:":ek, the realignment ef Floyd Avenue and Inca ay, etc. I Mr. Shoop asked if there Wj_lS a time frame on Jliis . Mr. Stitt stated he is not aware of a time frame, but reiterated there is-a ttemendous IJl19!'nt of work to be accomplished. VI. COl\fMISSIOSQ,'S CHO~ Mr. Gerlick commented on the a,~if:athy discussions on the B-3 regulations, and the rezonin& of the area in northwest •.l:riile ood. He stated that lhia was a to114h decision to make , but he felt that the Commislion 'cd to show concern for both the ICSldcnts and the businessmen of the area . Mr . Sch,~-&recd, and stated that it is not an easy task for the Commission or Council to malce that affect other people; he expressed his apprecia- tion to other members for their work consideration on these 1ssues . Mr. Shoop asked about the "visio 1• JSl>jecL Mr. Stitt staled that funds have been re- quested in the 1993 budget for the llfoject, if the budget request is approved, we should be able to begin the process in Januaty . When . Merkel joins the staff, we will begin getting the information together and proceeding as far we can this year. Mr. Schultz asked if Mr . ~I will be meeting ifith the boards and commissions, and hav- ing study sessions with the Commission . Mr . Stitt'\isurcd the Commission that Mr. Merkel ....,ill be meeting with the ~ of Adjustment, and be the ex-officio member of e Plan- ning Commission , and at , ding the meetings . ·,. There was nothing further brought before the Commission . The meeting was declared ad- journed . 13A£Af;;;J L 24 17-emude G. Welty Reco rding Secretary 6 NOW, THEREFORE, BE IT ORDAINED BY THE CI T Y COUNCIL OF THE CITY OF ENGL EWOOD , COLORADO, AS FOLLOWS : ~-Th e rez oning of the property de scribe d below from 8 -2, BusineH to 8 -3, Bu si ness is hereby approved: Beginn ing at th e ce nterlines of West Evan s Av enue and South Zuni Street; then East along the centerline of West Evan s Avenue to the centerline of South Rant.an Street; then along the centerline of South Rant.an Street to the centerline of Weit Evan ■ Avenue -West Adriatic Place Alley; then West along the centerline of West Evans Avenue -West Adriatic Place Alley to the centerline of South Vall ejo Street; then continuing We st along the centerline of West Evan ■ l ,v.nue -West Adriatic Place Alley extended to the centerline of South Zuni Street; L on North along the centerline of South Zuni Street to the centerline of West Evans Avenue. ~ The rezoning of the property deocribed below from R-2-C, Medium Density Re s idence to 8-3, Business is hereby a r prov~ !' Beginning at the centerlin .. •I ,v.,. A,lriatic Place extended and South Zuni Street; then North alon11 the centeriine rr.' ·oij !J; Zuni Street a di ■t.ance of 163 feet; then Ea1t to the centerline of South Vallejo Street; thM South to the centerline ofWeot Adriatic Place extended; then Weit along the centerline of West Adriatic Place enended to the centerline of South Zuni Street. Introduced, read in full , and pa, ... d on fint reading on the 8th day of September, 1992. Published as a Bill for an Ordinance on the 10th day of September, 1992. ATTEST : ~#tlwr Patricia H. Crow, City Clerk (\lAhE. ~::,,_ 6'de E. Wiggina,~y r I, Patrici a H. Crow, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first r eading on the 8th day of September, 1992. C44,a~ #~ Patricia H. Crow -2 - Date September 8, 1992 INITIATED BY STAFF SOURCE COUNCIL COMMUNICATION Agenda Item 11 C Community Development Su\Jject Rezoning Ordin ance Harold J. Stitt, Planning Administrator ISSUF./ACTION PROPOSED Staff requests Council consider an Ordinance for the rezoning of a portion of the area bounded by West Evans Avenue, South Zuni Street, West Adriatic Place and South Raritan Street, from B-2 and R-2-C to B-3, and to set Scplcmbcr 21, 1992 as the Public Hearing date for this matter. C>c-1-S- PREV10US COUNCIL ACTION Th ere has been no previous Council action on this matter. PLANNING AND ZONING COMM I SSION CONS:IDERATION Th e Plann ing Commission, in their consideration of the proposed rezoning, weighed the issues rais ed by property owners of the area to be rezoned, and those of the adjacent resi denti al property owners . In bal an cing the interests of these groups and the City as a whole, the !'lanning Commission determined that the proposed rezoning was appropriate in that it wou ld provide additional opportunity for properties in this corridor to redevel op and provide rea sonable protection for the adjacent residential area through the screening and landscaping provisions incorporated into the B-3 zoning regulations . The Commission voted to approvefhe proposed rezonin g with four members voting in favor, two mem bers opposed, two members absent, and one member abstaining. (S ee Planning and Zoning Commissio n minutes included with agenda item 11 b.) BACKGROUND This ar ea h as bee n under consideration fo r rezoning for severa l years . Th e r ez onin g is s u e fi rst s urfa ced as a means to address so me lon g s tandi ng land u se connicts. The two primary issues were th a t: (1) the West Ev an s properties between South Val l ejo a nd South Z uni are covered by tw o zone class ifi ca tions, B-2 and R-2-C; and (2) th e pre ss ure for dev el o pment of a uto related uses similar to those in the Denver p ort ion of the co rrid o r. Th e B-2 zonin g in pl ace in thi s a rea does not recognize the unique nature of thi s co rrid or. This cor ridor is significa ntl y different from other B-2 zoned areas in Englewood . The primary d eve lorment pressures , as exhibited by d evelopment in the ad jace nt D enver areas, ar e au to related , as w ell as this area's proximity to the light industri a l aJ'~a s. The proposed rez oning is an a ttem p t to addres s these land u ie iss ues and resolve them as beneficially as poss ible , w hil e recognizi ng th e ex is ting character of adjoining uses along Evans Avenue. STAFF ANALYSIS This rezoning ca me befo re the Planning Commission at the request of the Department of Community D,i velopment, which h ad re ceived inquiries ~oncerning the p otential for d evelopment oi the area along Wes t Evans Avenue. The Planning Commission held a publi c hearing or ; the proposed rezoning on June 16, 1992, continued to July 21, 1992 and tabled to August 4, 1992. This proposed rez oning was brought about as the result of discussions with arious property and business owners who were seeking a way to develop, and in some cases A redeve lop, thi s area . The current zoning, ll-2, does not accurately reflect the nature of the W corridor when viewed in the larger r egional ,o,,text. Auto related uses are the predominate land us e in th e Ev a ns Avenue corridor wes t of South Santa Fe Drive. The restrictions on these types of uses imposed by the ex isting B-2 regulations may be one of severa l reasons w hy the Engl ewood p orti on of this corrirlor has not been extensively developed. The propos ed B-3 r ezoning will be a s m al l u e p \O Ward s the rev italiza ti ,n of thi s area. The area to b e rezoned is as foll ows : (m a p a cco mpa ni es attached sta ff re port.) B-2, Bu s iness to B-3, Business : Beginning a t th e centerlines o f We s t Evans Avenue and South Zuni Street; then east along th e centerline of Wes t Evans Avenue to the centerline of South Raritan Street; then so uth al o ng the center line of South Raritan Street to the centerline of the Wes t Ev ans Av en ue -W es t Adri atic Pl ace Alle y; then wes t along the centerline o f the Wes t Eva ns Ave nue -Wes t Adri a ti c Place Alle y to th e centerline of So uth Vallejo Stree t; th en conti nu ing wes t along the ce nterline of th e Wes t Ev ans Ave nu e -West Adri ati c Place Alle y ex tended to th e ce nt erline of South Zuni Stree t; then north al ong the ce nterline of So uth Zu ni Street to th e ce nt erlin e of Wes t Eva ns Av enue. R-2-C, Me d ium De nsity Res id ence to B-3, Busines s. Beginning a t the centerlines of West Adriatic Place exten d ed and South Zuni Stree t; th en north a long the centerline of South Zuni Street a di stance of 163 fe e l; then east along a line to the centerline of South Vall ejo Street; then south to th e centerline of West Ad ri atic Pl ace extended; then west alo ., he centerline of West Adriatic Place ex tended to the centerline of South Zu r,i Street. FINANCIAL Th ere are no direct fi nancia l impacts on ti ., :>v as a res ult of the enactment of this Ordinance, although commercial u~es stimtl1dlo:<l by ,his rezoning may have a positive fisc a l impact. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATIER OF CASE #8 -92, FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION~ RELATING TO A REQUEST TO REZO Nl: A PORTION OF THE B·2, BU !NESS DISTRICT AND R-2-C , MEDIUM DENSITY RESIDENCE DIS TRICT TO B·3 , BUSINESS DISTRlt'T FILED BY : CITY OF ENGLEWOOD 3400 SOUTH ELA TI STREET ENGLEWOOD , CO 80110 ) ) ) ) FrNDINGS OF FACT AND CONCLUSIONS ) OF THE CITY PLANNING AND ZONING ) COMMISSION ) ) ) ) ) ) l This matter came before the City Planning a11d Zoning Commission on June 16 , 1992 , in City Council Chambers of the Englewood City Hall upon the request of the City of Enslewood to consider the re- zoning of a portion of the B-2, l!usincss District and !.,'\e R-2-C , Medium Density Residence District to B-3, Business District. Commission Members present: Schultz, Gerlick, Glynn , Leonard, Shoop, Tobin, Draper, and Covens . Commission Member absent: Dummer . The Public Hearing was continued to July 21, 1992, at which time all members of the Commission were in attendance . At the close of the Public HearinJ on July 21, 1992, this issue was tabled to August 4, 1992, at which time the attendan ce of the Commission was as follows : Present: Absent: Schultz, Gerlick, Glynn , Shoop, Draper , Dummer, Covens Leonard , Tobin Testimony both in favor and in opposition to the proposed rezoning was received . The Commission received the Notice of Public Hearing , Notice of Posting , and the Staff Repon, which were incorpo - rated into and made a pan of the record of the Public Hearing . After considering the statements of the witnesses and review ing the necessary documents , the members of the City Planning and Zoning Commission made the following findings and co nclusicm . FINDINGS OF FACT 1. THAT the Pub lic Hearing was initiated by the Cit y of Englewood to consider the rezoning of an area bounded generall y by West Evans Avenue, South Raritan Street , West Adriatic Av - enue , and South Zu r Street. -2 . 3. 4 . s. 6. 7 . 8. 9. THAT the notice of the Public Hearing was published in th Bn glfwood Herald , the official City newspaper , on June 4, 1992 . THAT the area of the proposed rezoning was posted with Notices of Public Hearing fo r th : required fifteen days . THAT the Public Hearing was continued until July 21, 1992. THAT Mr . Harold J. Stitt, Planning AdministralOr, testified that the purpose of the proposed rezoning was to address the special circumstances that exist in the West Evans corridor. THAT Mr . Art Davis , supports the proposed B-3 rezonin& as it will provide some develoj>- ment incentives. THAT Mr . Mark Apodaca , 2351 West Warren Avenue, llaled ti' l, in his ~nion the rezon ing does not help anybody and questioned the placement or 'industml " uses adJacent to residential uses . THAT Mr. William Fonington stated his concerns re1ianlln1 the ,;.:-m pletion of West Adriatic Avenue . THAT Mr . Dennis Kelley, 2393 West Warren Avenue , stated he was opposed to the proposed rezoning as it would only benefit the property owners aJon1 West Evans Avenue . 10. THAT Case 8-92 was tabled until August 4 , 1992 I. 2. 3. 4. s. CONCLUSIONS THAT proper notice was published in the r glewood Herald, Im , rn::.ial City newspaper, on June 4 , 1992 . THAT the area of the proposed rezon ing was posted with Notices of Public Hearing for the required i: fteen days . THAT the proposed rezon in g was consideft!d by the Planning and Zoning Commission at a Public hearing on June 16, 1992 and continued to July 21 , 1992 . THAT testimon y for anr'. ~11ai nst the proposed rezoning was received from the public and made a pan of the record of th e P~blic Hearing . THAT the Staff Repon was made a pan of the record of the Public Hearing. DECISION THEREFORE , it is the deci sio n of the Planning and Zoning Commission that the proposed rezoning be apl!rovcd and referred to City Council with a favorable recommendation . A Thi ~ decision was reached upon a vote on a motion made at the 1necting of the Pi.,nning and Zoning W Commission on Augus t 4, 1992 , by Mr. Gerlick , seconded by Mr. Draper , which motion states: 2 The Plan ni ng and Zoning Commission recommend to City Council that the B-3 Zoning be ap- proved for the following described areas : B-2, Business to B-3, Business . Beginning at the centerlines of West Evans Av uc and South Zuni Street; then east along the centerline of West Evans Avenue to the centerline of South Raritan Street; then south along the centerline of South Raritan Street to the cerucrline of the West Evans Avenue -West Ad,iatic Avenue Alley; then west along the centcrlinc of the West Evans Avenue -West Adriatic Av- enue Alley to the centerline of South Vallejo SIRCI; then continuin& west along the centerline of the W~t Evans Avenue -West Adriatic Avenue Alley exicnded to the cenicrlinc of South Zuni Street; then north along the ccntcrlinc of South Zuni Strct:t to the center ane of West Evans Avenue . R-2-C, Medium Density Residence to B .. J, Business. Beginning at the centerlines of West Adriatic Avenue extended and South Zuni Street; then north alonJ the centerline of South Zuni Street a distance of 163 feet; then cast along a line to the ccntcrL•ne of South Vallejo Street; then ,outh along the ccntcrli,, of South Vallejo Street to centerline ol West Adriane Avenue cxtcnded ; then west along the centerline of West Adriatic Avenue extended to the centerline of South Zuni Street. The Commission further rec:ommends that property owners be encouraged to dedicate the re - quired right -of-way for West Adriatic Avenue between South Vallejo Street and South Zuni Street. Those voting in favor of the motion: Draper, Dummer , Gerlick and Glynn . Those voting .gainst the motion: Shoop and Schultz. Those members absent; Leonard and Tobin . Those members abstaining: Cov,:ns . These Findings of Fact and Condusions are effective as of the meeting of August 4, 1992. By order of the City Planning ill1 J Zoning Commission i~!tzt!_.-2~ Ch . 3 STAFF REPORT CASE NUMBER 11:22 STAFF REPORT RE: "REZONING 1800-2300 BLOCKS w, EVA& AVE, The proposed rezoning of the 1800 -2300 Blocks of West Evans Avaiue. DATE TO BE CONSIDERED: June 16 , 1992 ZONE DISTRICTS: B-2, Business District R-2-C, Medium Density Residence District PROCEDURE: The City Planning and Zoning Commission will hold a Public Hearing on the proposed rezoning after which their recommmdalioa will be forwarded ro City Council for final action. In determining the appropriateness of a proposed zone change , the Planning Commission must find: I. 2. 3. 4 5. 6. That the proposed rezoning promolCS the health, safety, or wclfuc of the inhabirants of the City of Englewood and the purpoR of this Ordinance; UM! · That the proposed rezoning is consislellt with the CompRhensive Plan; and That there has been a material change in the char.lcte:r of the neighborhood or in the City generally, such th,' the proposed rezonin& would be i11 the public interest and consistent with the change ; or That the property to be rezoned was previously zoned in error; or That the property cannot be developed under the existing zoning ; or Such other conditions as are expressly permitted by law. REQUEST; The Citv has rece ived inquiries concerning the rezoning of the property at 2280 West Evans. The City has long recognized the need for a systematic review of the zoning in this area and as a res ul t is initia ting th e rezoning of this area . DESCRIPTION OF THE SUBJECT AREA; The= of this proposed review is generally bounded by We.st Evans Avenue on the north, Soutl . Zuni Street on the we.st. West Adriatic Street on the south, and South Raritan Stm:t on the eas,. Titis area was annexed to the City by Ordinance Number 23, Series of 1957. The area is comprised of a mix of retail uses. · · DEPARTMENT OF COMMUNITY DEVELOPMQIT ANALYSIS; Titis area of Engkwood has been under consid~ration for rezoning for several years . The issue of rezoning first surfaced as a re.suit of the Board of Adju,tment and Appals action against the property at 2280 We.st Evans. When first considered, the rezoning in iliis area was only to change the R-2-C zoning north of West Adtiatic Avenue (from South Tejon Strect to South Zuni Street) to B-2. However , after disr.ussions with property owners and businesses, a suggestion was made to rezone or amend the existing zoning to allow the types of uses that are permitted on tl1e Denver side of We.st Evans Avenue . · .:·: The adjacent areas in Denver , to the north and west, are zoned 13-4. The 114 districi is essen tial ly a cross between the Eng,ewood B-2 and 1-1 districts, allowing all of the retail uses permitted in the B-2 , and certain limited fabrication uses and special trade contractors. The Commission must deternine that of the six findings, the first two and any or all of the final four apply to the rezoning request. In this case the first three are applicable . I . That the proposed rezoning promotes the health, safety, or welfare of the inhab itants of the City of Englewood and the purpose of this Ordinance ; The proposed rezoning , because it will not significantly change existing or future land uses patterns for the area will not negatively impact the health, safety or welfare of the citizens of the City. The changes that will occur III the area are more the result of the iru:n:ased range of uses available anc the significant amount of vacant or underutilized land. 2. That the proposed rezoning is consistent with the Comprehensive Plan ; The proposed rezoning does not change the commercial nature of the area . The rezoning simply recognizes the direction of cnanging commercial land uses in the area. · 3. That there has been a material change in the character of the neighborhood or in the City generally, such that the proposed rezoning would be in the public interest and consistent with the change ; Clearly thi~ area is different from other B-2 areas in Englewood . This is, in part, due to the influence of the adjacent Denver development and this area's proximity to the industrial area of Eng lewood. At pre.sen( it is difficult to say to what degree development has or is being effected by the current zoning . However , the proposed change should, over time, allow for the more complete development or redeve lopment of property in this area . DEP\RTMENT OF CO]'vNUNJTY DEVELOPMENT RECO:MMENDATION ; The Dep artm ent oi Commun ity De velopmen t rec ommends that this proposed rezoning be approv ed and forwarded to City Coun cil wit h a fa vorable reco mmenda tion . 2 CITY OF ENGLEWOOD PLANNING A!ID ZONING COMMISSION AUGUST 4, 1992 L CALL TO ORDER The reg ular meeting of the City Planning and Zoning Commission was called to order at 7:00 P .M. by Chairman Schultz in th ~ City Council Chambers of Enclewood City Hall . Members present: Covens, Draper, Dummer, Gerlick, Glynn, Shoop , Schultz Members absent : Tobin, Leonard (Both ladies hiid pven previous notice of the absence) Also present: Harold J . Stitt , Planning Administrator Dan Brotzman, Assistant City Attorney II. APPROVAL OF MINUTES Ju ly 21, 1992 Chairman Schul tz stated that the Minutes of July 21 were to be considered for approval . Gerlick moved : Shoop seconded : The Minutes of July 21 be approved as written. Mr. Draper a·1ked that Page 15 be amended to state that he suggests that 'S-<J me" trees along Broadway should be removed. Mr . Gerliclr and Mr. Shoop accepted the amendment, and the motion is to approve the Min- utes as amended . AYES : NAYS : ABSENT: ABSTAIN: Gerlick , Glynn , Shoop , Covens , Draper, Dummer, Schultz None Leonard , Tobin None .Jne motion carried. m. COMPREHENSIVE ZONING MAP B-2 to B-3 R-2-C 10 B-3 CASE #8-92 Cha.irman Schultz stated that in light of the fac t that the Public Hearing on the proposed re- zorung was closed at the meeting of July 21, and sub sequently tabled to this date , no new evi- den ce may be elicited or int!oduced unless member, of the Commission want to reopen the Hearing , republish notice of the Hearing, and repost the property . The Commission membe rs may discuss the information presented during the course of the Pu blic Hearing , and may ask questions of staff for purpo ses of clari fication. Mr . Schultz then asked the pleasure of the Commission. Mr . Gerlick asked whether there was an ythin g new th at would warrant reopening the Hearing . Mr. Covens stated tha1 he has discussed the issue with several of the property owners in the A area , and will , therefore, abstain from voting on this issue . Mr. Covens rcponed tha1 he had W also been in comact with the City Attorney's office regarding the right-of-way for Wes t Adri - ati c Avenue . Mr. Covens stated that he was advised by the Attorney's office that the City can "ask " that the ri ght-of-way for Adriatic be dedicated, but the City cannot coerce the ded ica- ti on . At th is time, there arc two ownm of RSidential ~ that have DOI dedicated the right-of-way , and two business ownm that have not dedicated nght-of-way . Apparently, the resi dents feel the business owners should take the tint steps to dedicate the ri&b t-of-way to get the street throu.~h, and the business owners feel th.: residents should take the first steps to dedi- cate the right-of-way . Mr. Gerlick a!:ked if Mr. Coven s was abstaining solely l>tausc he bad tallced to people in the su bj ec t area . Mr . Covens indicated that he felt it would be proper that be do so . Mr . Schultz s-..ated that it was his impression at the end of the la.st mecline, that Mr . Farring- ton had indicated that if 'thincs were equitable', he would consider dedicatine the right-of- way . Mr . ForringtJn , from the audience, stated that he had not realized previously that there were some properties that arc "landlocked", with no way for the property owner to maintain those properties. Mr. Brotzrmn a~ .i sed at this point that a motion to raise the i c from the table would be in order . Draper mo,•cd : Gerlick secl.lndcd: Case #8-92 be rais.:d from the table for discussion. AYES: NAYS : ABSENT : ABSTAIN : Glynn , Shoop , Covens , Draper, Dummer, Gerliok, Scbullz None Tobin , Leonard None The moticin carried. Mr. Schultz suggested that the Commission now needs a motion oo the floor for discussion purposes . '1erlic k moved: Draper !.econdcd: The Planning Commission recommend to City Council that the B-3 Zoning be approved for the following described areas : B:1..Jlusiness to B-3, Business : Begi.'llling at the centerlines of West Evans Avenue and South Zuni Str eet; then cast along the centerline of West Evans Avenue to the centerline of South Raritan Street; then south along the c;.,-nterline of South Raritan Street to the centerline of the West Evans Avenue/West Adriatic Avenue alley ; then west along the centerline of the West Ev ans Avenue/West Adriatic Avenue al1-:y lO the centerline of South Vallejo Street; then contin ui.ng west along the centerline of the West Evans Avenue/West Adriatic Avenue alley , exten ded , to the centerline of So~th z, ni Stteet ; thence north along the centerline of South Zuni Street to the centerlin e of West E s Avenu e. B:l-C. Medjum Density Resid enc e. to B-3. Business : Beginning at the centerlines of West Adriatic Avenue, extended , and South Zuni Street; lhen north along the centerline of South Zuni Street a distance of 163 fee t, more or less ; th en east along a line to the centerline of South Vallejo Street ; then south along the centerli ne of South Vallejo Street lO centerline of 2 West Adri ati c Avenue, extended ; then west along the centerline of West Adriatic Avenue, ex -A tended, to the centerline of South Zuni Street. - Mr . Draper stated that this area was annexed to the City in the la.le 'SO's, and while there has been some change in the character of development, the residents and owners have not taken steps to get streets through to foster additional development. He stated that dedications of ad- dit1onal rights-of-way for str=ts has b«n discus.led since at least 1957, and he personally does not think that Adriatic Avenue will ever be fully dedicated and irr.proved; nor does he believe that the north side of Adriatic Avenue, extended , will ever be developed for residential pur- poses. In his opinion , the only thing to help ,.hls particular block is to approve the rezoning to B-3. Mr Gerlick pointed out that residents have expressed concern about the inclusion of any of the rei -;<1.lly zoned property in the rezoning; he asked about the possibility of rezoning only the Eva •enue frontage to B-3. Mr. Glynn stated that this would not solve the problem of the pro· owner whose property extends from Evans south to Adriatic extended; this property we ill have two zone classifications. There was further discussion on the dedication of the right-of-way for Adriatic . Mr. Gerlick pointed out th at the Commission has been advised that this cannot be required by the · City. Mr. Schultz pointed ou t that residents have staled that were the property to be rezoned fer business purposes, they will not dedicate right-of-way for the street . Mr . Glynn asked if the area were to be rezoned , would all business development still be re- quired to have Evans Avenue frontage; if the s!Rel were to co through, could businesses de-. velop and front on that street. Mr. Stitt stated that any development must have frontage on a dedicated right-of-way . Mr. Stitt pointed out that the issue of the street right-of-way exists re-A gardless of what zone district is applied; there can be l)O development of those landlocked - properties until they have frontage on a dedicated street. Mr . Covens stated that he personally would like to see all ri&ht-of-way dedicated and the str=t improved; this would eliminate a hindrance to devtlopment in this block. He commented that changes in ownership in the block might also affect the dedication of right-of-way. Mr. Covens further stated that the upgrading of valu" oo one individual property while downgrad- ing the value on pro perties abutting, adjoining, or adjacent, must come into consideration in making the decision 0 11 this issue. Mr . Brotzman clarified that while the Commiss lon cannot ,<ivocate the "taking" of property •. for the street, they can recommend that the right-of-way be dedicated if the rezoning is ap- proved . Mr. Gerlick asked if the Commission were to recommend the rezoning to City Council with the stipulation that the property owners be encouraged to dedicate the right-of-way on approval of the zoning , does this mean that if the property is not dedicated, that the B-3 zoning would not apply. Mr. Schultz reiterated that at least two residents have stated that if the block: were to be zoned for business purposes, they are not interested in dedicating right-of-way. Business owners have also stated that if the block is not rezoned, they may not dedicate right-of-way . Mr. Stitt po inted out th at th e Commi ssio n canno t make a "s tipulation" that the rezoning be ap- proved 'pur suant to" the right -of-way dedication . The Commiuion may only recommend to City Council that the City ·encourage' the dedication of the right-<1f-way . The rezoning must stand on its own . Mr . Schultz stated tl1at residents who attended previous meetings of the Commission on June 16 and July 21 , and gave testimony indicated they were concerned about the possibility of busin ess development directl y across the street from them If the street were to go through . Mr. Schultz further stated he understood the business zoning was to be along Evans Avenue, and that the rezoning docs encroach into the residential area . Discussion ensued . Mr. Covens pointed out that Adriatic Avenue docs not exist west of Zuni Street in Denver. Mr. Covens suggested that points to be considered arc (I) do we "im-prove• the area , or not improve the area; (2) do we take the area in total , or 'spot zone•. Mr. Covens offered a friendly amendment to Mr . Gcrlick's motion that ~peny owncn be encouraged to ded icate right-of-way for West Adriatic Avenue . Mr. Gerlick and Mr. Draper approved the friendly amendment to the motion . Mr. Dummer asked for clarification on Mr. Covens' statement of improving one property but down&rading another . Which area was he referencing that particular statement to? Mr . Covens stated that he wanted to leave the people in attendance this evenin& out of this, but pointed out that there are "feuds", people won't dedicate right-of-way , the area is undeveloped and over-grown . He wanted to "get the area up to speed.• Mr . Covens suggested that the trade off isn't so much residents and business as whether we can get the area together . -Some people testified that they like the 'open", undeveloped characlcr of the neighborhood , but this ts two blocks from Denver, and is a valuable area . His hope is to not make this an adversarial issue, but to provide opponunity for improvement of the properties . He also pointed out that the Planning Commission should consider the benefits to the total City , and not to just one person . Mr. Dummer pointed out that there has been little to no development rince this particular block was zoned R-2-C, and while there is no guarantee it will develop under ,he ~3 there will be an increased opponunity . Further discussion ensued. Mr. Stitt re iterated that unless Adriatic Avenue is dedicated , properties that are now land- locked will not be able to develop no matter what the zone classification is. They must have frontage on a "dedicated' street to develop. Mr . Schultz stated that he would like to sJ)C3]c on behalf of the residents once again : the Commission heard a lot of comments from the residents during the course of \he Hearing, and -if the proposal for rezoning remains as has been considered, there is a slim chance to get the street through . Were the proposal to be redesigned, would it be easier to achieve full dedica- tion of the right-of-way -if the R-2-C area were to remain as R-2-C , would dedication and imp ro vement of the street become a reality . Mr . Draper stated th II in his opinion, there is a better chance of getting the street if the area were 10 be rezoned r-:1-3; he pointed oul ,~·•nothing has been done by the res idents/property own ers 10 get the Si.feet through in the la , years . Mr . Covens stated th at when the area was annexed , the residents chose to annex to Englewoo<i rath er than Denver , and that improved access to and through the area was one of the promises mad e 10 the res idents at that time. Mr. Co vens sta ted that Mr. Kelle y made a point during his te stimony that if the propeny goes to business, it becomes more valuable , and what business- man is going 10 want to "give up" valuable land . Further brief discus si on ensued . Mr . Sch ultz called for the vote on th e mo tion, which is as follows : 4 'The Planning Commission recommend IO City Council that the B-3 Zoning be approved for the following described areas : "B-2, Business to B-3. Business : Beginning at the centerlines of West Evans Avenue and South Zuni Street; then east along the centerline of West Evans Avenue IO the centerline of South Raritan Street; then south alon& the centerline of South Raritan Stteet to tt., centerline of the West Evans Avenue/West Adriatic Avenue alley; then west along the centerline of the West Evans Avenue/West Adriatic Avenue alley to the centerline of South Vallejo Street; then continuing west along the centerline of the West Evans Avenue/West Adriatic Avenue alley , extended, to the centerline of South Zuni Street; thence north alone the centerline of South Zuni Street IO the centerline of West Evans Avenue . "R-2-C. Medium Density Residence, to B-3. Buslnw: Beginnin& at the centerlines of West Adriatic Avenue, extended, and South Zuni Street; then north along the centerline of South Zuni Street a distance of 163 feet, more or less; then east along a line to the centerline of South Vallejo Street ; then south along the centerline of South Vallejo Street to centerline of West Adriatic Avenu1:, extended ; then west along the centerline of West Adriatic Avenue, ex- tended, IO the centerline of South Zuni Street. 'The Commission further recommends that property owners be encouraged IO dedicate the re- quired right-of-way for West Adriatic Avenue between South Vallejo Street and South Zuni Street.• AYES: NAYS : ABSENr: ABSTAIN : Draper, Dummer, Gerlick , Glynn Shoop, Scllultt Leonard, Tobin Covens Chainnan Schultz declared the motion carried. Mr . Stitt stated that the issues of the B-3 District regulations and of th e rezoning will be re- ferred IO City Cou~cil . City Council will set a date for Public Hearing ; the area will have to be reposted , and public notice will have IO be given in the official City Newspaper . IV. PUBLIC FORUM. Mr . Schultz asked if anyone wanted IO address the Commission under Publi c Forum . No meniber of the audience addressed the Commission. V. DIRECTOR'S CHOICE. Mr . Stitt r~poned tha, De puty City Manager Linda M:irtin has assumed her position as City Manager of Black Hawk as of August 3. Management Analyst Chuck Reid has been appointed as Assi stant City Manager of Englewood effective August 3. Mr . Stitt also reponed that interviews were conducted on July 29 for the position of Commu - nity Developm en t Direcior, and that Mr. Lee Merkel has been selected for the posi ti on . Mr. Me rkel will beg in his duties with the Ci ty of l:.nglewood in mid-September. Mr . Covens asked for info nnation on the repo ned 'condemnation ' of Cinderella Ci ty . Mr . Stitt updated the Comm issi on on activ ities pertaining to the Cinderella City Mall , and pointed A out that this would be a "frie ndly' condem natio n. The City will be issuing a Requ est for Pro-• posal s (RFP ) in an effo n to detennine wheth er there is interest of developers/redevelopers in the project. The City, through the Englewood Urban Renewal Authority , docs have the power to condemn the Mall for redevelopment; however, once condemnation proceedings are insti - tuted, the City must have funds available to deposit with the County until a valuation hearing is held . This necessitates having a de veloper with funds available ready and willing to proceed once the property has been condemned . A "friendly" condemnation is when the property owner wi.11 agree to the condemnation action. Mr . Stitt pointed out that there is a lot of work ye t to be done before the condemna tio n proceedings can begin. · p ; •• ,,~s ion ensued . Mr . Shoop asked if the City woul d have an opponunity to work with the .loper . Mr . Stitt stated that the City will have to know and be party to everything before 6 .. ..ng into condemnation . , fr . Sc hul tz asked if this process could include such things as changes in traffic patterns , imprr,vcments al c ng U.S. '.:.35 , etc . Mr. Stitt suggested that these things would probably be considered as "in -kind contributions· from the City , and not be an actual outlay of the redeveloper . Mr. Stitt pointed out that in the EURA projects, the EURA financed the infrastructure items, such as tl.e Englewood Parkway , the Plaza at Little Dry Creek, the realignment of Floyd Avenue an <l L1 ca W~~. etc . l\-lr . Shoe ~ asked if there was a time frame on :1i s. .Mr. Stitt stated he is nor aware of a time frame , bui reiterated there is a tremendous arn ou r.t of work to be accomplished. VI. COMMISSIONER'S CHOICE Mr. Gerlick commented on the detailed, length y discussions on the B-3 regulations, and the rezoning of the area in nonhwest Englewood. He stated that this was a tough decision to make , but he felt that the Commission tried to show concern for both the re:idents and the business men of the area . Mr . Schultz agreed, and stated that it is not an easy task for tl ,e Commission or Council to make deci sions thJ.t affect other people; he expressed his apprecia- tion to llther members for their work and consideration on these issues. Mr. Shoop asked about the "visioning" project. Mr . Stitt stated that funds have been re- quested in the 1993 budget for the project, and if the budget request is app rov ed , we should be able to begin the process in January . When Mr. Merkel joins the staff, we wi.11 begin getting the information together and proceeding as far as we can this yCJ.T. Mr . Sc hultz asked if Mr. Merkel wi.11 be meeting with the boards and commissions, and hav- ing study se ssio ns with the Commissio n. Mr. Stin assured the Commission that Mr. Merkel .,,,,.ill be meeting with the Board of Adjustment, and will be the ex-officio member of the Plan- ning Commission , and anending the meetings . The re was no thing funher brought before the Commission . The meeting was declared ad- journed . 6