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HomeMy WebLinkAbout1993 Ordinance No. 053ORDINANCE NO.~ SERIES OF 1993 BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING THE REZONING OF LOTS 18 • 30, BLOCK 2, TAYLOR'S ADDITION WHICH IS LOCATED IN THE 600 BLOCK OF WEST DARTMOUTH AVENUE FROM R-2, MEDIUM DENS ITY RESIDENCE TO R-4, RESIDENTIAI.JPROFESSIO NAL. WHl:'.REAS , tbe ruoning of the property from R-2 to R-4 wi ll allow for the adaptive re-use a nd prest,-vation of a hi storica l build ing which will be relocated and remodeled; and WHEREAS , the Englewood Ho usi ng Authority purchased the subject property i n 1992, and is req!l esti ng the ~zon ing from R-2 , Medium Density Re side nce, to R-4, Resi •JcntiaVProfessional, to facilitate the rel ocation of t he old Englewood Depot ; a nd WHEREAS, the Englewood h istorical Society h as asked the Englt wood Housi ng Authority if t he Englewood Depot could be relocated to t his site so that it could be renov ated as a m useum which will be operated by the Englewood Hi storical Society and also be used a s office s pace for the Greater Englewood Chamber of Com merc e; a nd WHEREAS , the' proposed rezoning request encompaises approximately one acre of lan d will acco mmodate the relocation of the old Englewood Railroad De pot on the western portion of the site and still allow for the remainder of the site to be develop'!<! for housing by the Englewood Housing Authority; a nd WHEREAS, the r ezon ing of the site from R-2 to R-4 is appropriate beca use R-2 and R-4 zone district s are both class ifi ed ns medi um density; however, R-4 allo ws fo r pro fessiona l offi ces whi ch is needed fo r the renovation pl ans of t he De pot; a nd WHEREAS, the proposed rezoning is consistent with the Comprehensive Plan and with the Engle wood H ousing Authority intentions to develop the eastern porti on of the site as housing thu s minimizing the pt.>tent ial for impact on the neighborhood ; and WHEREAS, the Englewood Planning a nd Zoning Commi ssion held a Public He aring on November 2 , 1993 , reviewed a nd rec ommended the rezoning of t hi s property w the Englewood City Council; NO W, THEREFORE, BE IT ORDAINED BY THE C ITY COUNC IL OF THE CITY OF ENGLEWOOD . COLORADO , AS FO LLOWS; ~-Th e rezoning of the prope rty described be low from R-2, Medium De ns ity Residence to R-4, ResidentiaVProfessional is hereby approved by the Englewood City Cou n cil : Br.;,~n ning at the ce nterlines of West Dartmouth Avenue and South Gala pago S t r eet, thence North along t he centerl ine of South Galapago Street a distance of205 feet ; th ence East 30 fee to t he Northwest co rner of Lot 18, Block 2, Taylors Addition; t h e nce continuing East a long the North line of said Lot a distance of 135 feet to t h e North/South centerline of South Fox Street/South Galapogo .,T ., a ll ey: thence South along said ce n terline to th e centerline of the East leg of soi d ,,.,. alley: thence East -1 - llA 1993. 1993. along said centerline t.o the centerline of South Fox Stnet; thence South along said centerline to the centerline of West Dartmouth Avenue; thence West to the point of beginning. Introduced, read in full, and passed on first reading on the 15th day of November, Publish ed as a Bill for an Ordinance on the 18th day of November, 1993. A Public Hearing was held on the oth day of Dec ember, 1993 at 7:30 p.m. Read by title and passed on final reading on the 6th day of December, 1993. Published by title as Ordinance No. 51 Series of 1993, on the 9th day of December, ATTEST : &~t.,<Cov bi/ ,1.,k J Patricia H. Crow, Ci ty Clerk I, Patricia H. Crow, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No .il, Series of 1993 . -2- COUNCIL COMMUNICATION Date Agenda Item 20 f Subject Rezoning Request : ovember 15, 1993 INITIATED BY Planning and Zoning Commission/ Engl,iwood Housing Authority R-2, Medium Density Residence to R-4, Residential/Professional STAFF SOURCE Lee D. Merkel, Director of Community Development ISSUE/ ACTION PROPOSED Staff seeks Council consideration of a bill for an ordinance approving the rezoning of Lots 18 -30, Block 2, Taylor's Addition, Arapahoe County, Colorado from R-2 , Medium Density Residence to R-4 Residential/Professional. Staff also requests that Council schedule a Public Hearin~ io consider this matter. PREVIOUS PLANNING COMMISSION ACTION The Planning Commission first considered this rezoning request at a Public Hearing held on m ·ember 2, 1993 . The Commission approved the proposed rezoning by a vote of six 1.:om-.nissioners in favor, no Commissioners opposed, and two Commissioners absent. PREVIOUS COUNCIL ACTION There has been no previous Council action on this issue. BACKGROUND -, Over the past year there has been a concerted effort on the part of many Englewood organiz. ·;::,,15 and citizens to facilitate the relocation and restoration of the Englewood Depot. S ,v eral sites in the City have been explored as a possible location for the Depot, but were found to be unacceptable . "i'he Englewood Housing Authority was approached to determine if the Depot could be A reloca ted to the vacant site owned by the Authority on West Dartmouth Avenue . The • re nova ted Depnt would become a museum, operated by the Englewood Historical Society, and office space for the Greater Englewood Chamber of Commerce. The .'.\uthority was amenable to this and proposed that the Depot be located on the western portion of the site, while the Authority would retain the eastern portion of the site for future housing development. The proposed location of the [, ,>Ot, Lots 18 -30, Block 2, Taylor's Addition, were purchased in 1992, by the Englewood Housing Authority. This proper:y is in the 600 block of West Dartmouth Avenue, on the north side of Dartmouth. The Housing Authority, prior to this has not taken steps to develop the site . Upon acceptance of the proposal, the Authority made application to the Planning and Zoning Commission to rezone th e site to R-4, Residential/Professional District, from R-2 Medium Density Residence Di stric t. STAFF ANALYSIS The proposed rezoning request encompasses approximately one acre of land situated in the 600 block of West Da r tmouth Avenue. The purpose for the proposed rezoning is to a commodate the relocation of the old Englewood Depot to the western portion of the site , and still allow for the eastern portion to be developed for housing. The Englewood Depot, will be remodeled and used as an office/public facility; a museum and offices for the Great er Englewood Chamber of Commerce . The rezoning of the subject site from R-2 to R-4 will all ow for the adapti" re-use of the Depot. The Comprehensi ve Plan identifies this area as medium density residential and both the R-2 and R-4 zone districts are d assified as med ir :m density . The R-4 , allows, in addition to the uses perrnittet! in the R-1 . professilmal offices . Therefore, this proposed rezoning is consistent with the Comprehensh·e Pl an . Furthermore, the Englewood Housing Authority has indicated their intention to develop th e eastern portion of the site as housing. Thus the rezoning onl y effects the use of the western portion of the site and minimizes the potential for impact on the neighborhood . FINANCIAL IMPACT The only identifiable fina nci al impac t of the proposed rezoning would be the loss of property ta x if the Historical Socie ty retains its ta x exempt status. If this is the case, this loss might be o fl set, in part, through an in crease in v isitors (.J the City and subsequent retail sales. STAFF REPORT CASE#ll-93 STAFF REPORT RE · PUBLIC HEARING REWNING; R-2 TO R➔ The proposeJ rezoning of Lou 18 -30, Block 2, Taylor's Addition, Arapahoe County, Co lo- rado. DATE TO BE CONSIDERED; November 2, 1993 APPLICANT/PROPERTY OWNER; Englewood Housing Authority Pau:, Malinowski, E:ilecutive Di.rector 3460 South Sherman Street Englewood , Colorado 80110 LOCATION Of PROPOSED REZONING; The proposed rezoning is in the 600 block of West Dartmouth Avenue. LEGAL DESCRIPTION; Beginning at the centerlines of West Danmouth Avenue and South Galapago Street, thence nonh along the centerline of South Galapa&o Street a distance of 205 feet; thence east 30 feet to the nonhwest comer of Lot 18, Block 2, Taylor's Addition; thence continuin& east along ,he nonh line of said Lot a distance of 135 feet to the nonh/south centerline of the South Fox Street/South Galapago ·r alley; thence south along said centerline to the centerline of the east leg of said •r alley ; thence east along said centerline to the centerline of South Fox Street; then • ;outh along said centerline to the centerline of West Dartmouth Avenue; thence west to th~ All I Of beginning. RELATION OF APPLICANT TO REQUEST; The Englewood Housing Authority is the owner of the subject property, and is reque sting th e rezoning from R-2, Medium Density Residence , to R-4 , P.esidential/Profossional , to facilitate the r:location of the old Englewood l)epot to this site . lt 0 ~ lt 0 0 .., I 9 "/I , <t 8 .. ~ousing Authority City of Englewood October 8, 1993 E01JN. l«l\lSING 0P'POflTUN11'1 Mr . Harold Stitt, Planning Administrator City of Englewood, Department of Community D~velopmant 3400 s. Elati st. Englewood, Colorado 80110 Dear HarolJ : 3-060 S. Sheffllln • Suitt 10 1 Englewood , Colorado 60110 Phone (303) re1.e200 Fax (303) 781-5503 TOO Relay I -i00-o5-o TOO Voice 1-800-659-365 0 Enclosed you will find our appl i cati on for a rezoning of the property located in the 600 block of West Dartmouth to allow tor the re l ocation of the Englewood Train Depot. The application consists o t: l) A Project Narrative; 2) Area Plan of the surrounding ne i ghborhood; 3) Plot plan showing the conceptual layout of the project . Please feel free to call me if you should have any questions on our application. Thank you !or all your ass i st~nce in ensuring we have a complete application. Si ncerely, Paul Malinowski Executive Director a ::c\s, W ee : Chr ;,nf ll e Su bf l le/Ada l n/Tra l n 0epot ..Z/torru/03 . 10 .93 /St I tt PROJECT JlllRATIVII This rezoning request con ■i ■ts of the proposed rezoning of approximately one acre of land located in the 600 block of Wast Dartmouth Avenue in Englewood, Colorado. The purpoaa of the request is to allow for t he relocation of the Englewood Train Depot to a portion of this site an•l to allow for the subsequent use or this depot as an office and public facility. The balance of the site will be used for housing. The parcel is owned by the Englewood Housing Authority (applicant) and borders Dartmouth Avenue on the ■outh, Fox street on the aa ■t, an alley and a private parcel on the north, and Galapago Streat on the west. It is currently zoned R-2, which allows for the development of approximately 12 housing units but no office use. The propo ■ad rezoning change is to R-4 which allows tor the same ra ■idantial density but also professional office use. Th e Englewood Train Depot i s an historic structure located near Santa Fe Drive and U.S . Highway 285 (Hampden Avenue ). The landowner where it currently resides has expressed his intent to demolish the bu i lding because of its alleged attractiveness as a nuisance (it is c urr ently vacant), according to his insurance company. A committee of concerned citizens negotiated with the City of Englewood to relocate the depot to a parcel owned by the City but that location is no longer viable. The Englewood Housing Authority then entered into discussions about a parcel of land the Authority owns that is vacant except for a small existing house on one and or the parcel. Recently, the landowner of the depot agreed to delay the demolition of the depot for six months to allow for the investigation o f this potential new site. In order for a property to be rezoned in Englewood, Section 16-3-6 of t he City of Eng lewood Municipa l Code calls for three criteria to be met. We believe our rezoning request meets all three criteria. criteri o n number one states that the applicant must demonstrate "that the proposed rezon ing promotes the health, safety, or welfare of the inhabitants of the City of Englewood and the purpose of this Ordinance.• The rezoning will allow for the adaptive re-use of an historical building. The saving of this structure will enhance the welfare of the community through a cultural enrichment that would be lost in perpetu ity if the depot were demolished . criterion number two states that the applicant must demonstrate "that the proposed rez oning is consistent with the Comprehensive Plan." There are two important elements of the Comp rehensive Plan that appear to be consistent with the proposed rezoning. One, the 1979 Generalized Land Use Plan calls for medium density residential use f or t~e area that the parcel is located on. The rezoning request to R-4 i s a zone that allows for no more than medium density residential use . Second, thP Components of Housing of the Comprehensive Pla n calls for protect ing e xisting residentia l areas and improving the -2- Vial\al qualit:r or th• City. Th• parcel currently has one residential unit: on it. Under the rezoning, thr•• singla-ramily hou ■•• could be - built on the ,portion ot the parcel that is not used tor th• depot. Th• Englewood Housing Authority bas shown a comaitmant to the neighborhood by having movsd three rssidantial unit• onto the ■am• block as th• subject parcel. All three U!1its were extensively rehabbed. All element• or site design tor the depot will take th• residential character or the neighborhood into consideration. Furthermore, the components ot Housing ot th• Comprehensive Plan calls tor • ••. existing zoning regulations (to) be modified t o encourage innovative development• (page 40). On the ■am• page, the following steps are raco-endation ■ to be considered: l) Mixed use; 2) Mix residential types in area ■ where there is a need to encourage redevelopment ot substandard property; 3) Permit more innovative development and better use ot the land. our project would meet these recommendations. The third criterion actually may come trom any one ot four remaining criteria. We believe criterion number three meets the purpose of our :,-·,quest. That criterion states that the applicant must demonstrate, "that th-are has been a material change in the character or the a neighborhood or in the City generally, such that the proposed w,rezoning would be in the public interest and consistent with the change.• There has indeed been some decline in the condition ot th• housing in that i11111ediata area. The relocation or the depot to that parcel and development or additional housing would seem to be in the public interest and should improve the visual quality or the nei g!,borbood with a minimal negative impact to it. For all these reasons above, we believe the rezoning of our parcel is consistent with currant city of Englewood Plans yet will actually enhance the welfare of the community at large and the neighborhood in particular. -3- 12.5.00 s.,ox sr. ms .oo' C C ,0 ~ -~ ~AlE': 1'•4-0' l'KOJ'OSEU --'fl.OT'Pl.A'W. __ _ 711/S Pt.OT Pl.All WAS ,f'REl"Alf£D HOIJS/}J(; '/JTHO~IT'I CITY OF ENfJLEwoeo OF LOTS 1t>--M ; ~l/JCK 2 TJ.YLOl('S ADDITION COIJNTY OF ,4fA/#/tHOf STATf OF COJ.O~ADO