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HomeMy WebLinkAbout1980-10-14 (Special) Meeting MinutesSPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO October 14, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on October 14, 1980, at 7:00 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: Council Member Higday. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Wanush City Attorney Berardini Acting Director of Conmrunity Development Romans Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of this special meeting was to hold a public hearing to consider an ordinance on final reading rezoning certain real property within the City of Engle- wood, from R-1-C, Single-Family Residence, to R-2-C, Medium Den- sity Residence, and amending the official zoning map. COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEAR- ING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. October 14, 1980 Page 2 Nays: Absent: None. Council Member Higday. The Mayor declared the motion carried. Acting Director of CoDIDUnity Development Dorothy Romans home residence of 3600 South Bannock Street, Englewood, appeared before Council and gave testimony concerning the background and staff's recoDIDendation on Case 119-80 -rezoning request for the 4700 block of South Bannock Street. Ms. Romans stated the zoning in the area that surrounds the block is R-2, Medium Density Resi- dence, R-3 High Density Residence, R-4 Residential/Professional, R-1-C Single-Family Residence. The applicants are 651 of the pro- perty owners within the block. Ma. Romans stated Messrs. Mike Cooper and E. J. Crabbe have been the principal contacts with the CoD1DUnity Development office and are represented by their attorney Don Hanneman. The reasons for the rezoning application are: 1. Some of the dwellings in the 4700 block of South Bannock Street are old, deteriorated or substandard in other re- spects. The neighborhood is in an area that has previously even recognized by the City of Englewood as one of the target areas in need of improvement. 2. Some owners would like to build new dwellings or make additiono, but the coat of demolishinf, removing and re- building i ~ the neighborhood under R--C zoning limita- tions seems prohibitive. 3. Rezoning to R-2 would permit the construction of two- family dwellings which ia considered economically feasible and practical in the neighborhood. Rezoning to the R-2 designation would still be a reasonably low-density use and compatible with the neighborhood generally and with South Acoma Street which is currently zoned R-2. Ms. Romana stated the applicants are in other words say- ing this would be an extension of the existing medium density zone classification. I The present zone classification R-1-C permits a single-I family dwelling unit on a mininum frontage of 50 feet and a mini- mum lot area of 6000 square feet. The proposed R-2-C medium den- sity classification would permit also a single family residence with a minimun frontage of 50 feet with a lot area of 6000 square feet; or a duplex with a minimum frontage of 50 feet or the 6000 square feet of lot area. October 14, 1980 Page 3 Ms. Romans stated the public notice of the hearing did appear in the official City newspaper, Englewood Sentinel; and submitted for the record certifications of posting. Ms. Romans stated reference was made in the application that the subject area was identified with target area 6. Ms. Romans stated this was a target area established for the purposes of the housing program. The target areas have been identified by housing surveys indicating there is a concentration of deterio- rated or dilapidated dwelling uni~s within the area and should be rehabilitated in some manner. One of the sections of the Compre- hensive Plan is the housing section and this was considered by one of the comprehensive plan review colllllittees. At the time this co111nittee was meeting they felt there were some areas in town where there might be some dwelling units wherein it would not be economically feasible to rehabilitate them. The housing re- view colllDittee felt it might be necessary in some areas of town to encourage property owners to upgrade their land and the best thing to do would be to demolish whatever was on the land and pre- pare it for new construction. Financing incentives would be: 1) a fund be established and set aside so that if a person owned the land and they could get financing for a new structure on that land but they could not get the money that it might take to knock down the house and clear the property for redevelopment that then the public through this fund would be able to do that; 2) a tax incentive or some monetary incentive; or 3) if an increase in density were permitted that it would compensate the person for the expense of removing the existing structure, clearing the land, and building. Ma. Romans stated the Planning and Zoning CollDllission held the public hearing. Ms. Romans concluded her presentation by explaining the original request for rezoning was to R-2 but later changed to R-2-C which is stricter. Mayor Otis explained the format for which the hearing would be conducted. He then asked for the applicants' presenta- tion. Donald Hanneman, attorney for Michael Cooper and E. J. Crabbe, appeared before Council. Mr. Hanneman provided testimony concerninf Messrs. Cooper and Crabbe prospects of building a two- unit dwel ing at 4710-20 South Bannock. Mr. Hanneman stated his clients were interested in the possibility that incentive programs might meet their needs in that the area was targeted for rehabili- tation. The buildings were particularly substandard. Mr. Hanneman stated Mr. Cooper has built three or four duplex units in the City and currently resides a short distance from subject property. October 14, 1980 Page 4 Mr. Hanneman stated signatures of approximately 651. of the people in the neighborhood was indicative that moat of them feel the removal of the existing structures and construction of new ones would upgrade the neighborhood. Mr. Hanneman stated hia applicants were not opposed to building townhouses -owner occupied; or rental units under certain guidelines. Mr. Hanneman stated hia applicants have discovered it is no longer feasible for them to build a single-family dwelling in the described area. Mr. Hanneman gave agruments as to why it would be economically prohibitive to build single family dwellings in this area. City Attorney Berardini asked if they felt because an area is designated aa a target area it would be one reason to rezone that area to a higher density in order that homes could be raised, taken out and rebuilt. Mr. Hanneman stated yea because he felt the condition of the neighborhood waa substandard. * * * * * * Mike Cooper, 3597 South Bannock, appeared before Coun- cil. Mr. Cooper gave testimony stating that the reasons for going through the rezoning process was because of coats involved. Mr. Cooper stated it would be about half the coat to tear down the existing structures and build two-unit family homes aa it would cost to rehabilitate the existing structures. Mr. Cooper stated he has built two-family homes in association with his father in the 2100 block of West Baker and also on Harvard. Mr. Cooper stated he felt rezoning waa the best approach because it did not take money from the taxpayers to improve the general appearance of the target areas. Mr. Cooper then provided information in that he was renting the units on West Baker for $360/month. He stated he needed to know what requirements were going to be imposed before he considered whether or not he would sell the proposed units on South Bannock. He stated that he had not attempted to get fi- nancing for single-family homes because the average price range of new homes would be too high and by the time costs were added to remove the existing structure and build a new home, it would make the total price of the house unrealistic for the average coat of a house in that area. October 14, 1980 Page 5 Mr. Cooper stated hia intent was to retain ownership of the duplexes until there was clarification on townhouse con- cept. There were several basement houses in the same block where he envisioned another unit being built on top of them. Mr. Cooper stated he would rent the proposed duplexes for approximately $360/ month which should bring in a higher income level of resident. * * * * * * E. J. Crabbe, 7270 South Logan, Littleton, appeared be- fore Council. Mr. Crabbe stated he was Mr. Cooper's partner on subject property. Mr. Crabbe stated in order to upgrade the pro- perty, they could not do it under single-family residence zoning. To build a duplex would be an improvement safety-wise and appear- ance-wise over what exists there now. Mr. Crabbe stated he did not think there would a rapid increase in change in the block over the next few years. Mr. Crabbe stated there were several nice homes on the block with just a few in need of drastic improve- ment. The improvements made on his property would only bene- fit the other properties. Mr. Crabbe stated he was only a financial partner of Mr. Cooper's and had not participated in the physical construction of any duplexes with Mr. Cooper. * * * * * * Mayor Otis asked if there was anyone else wishing to speak in favor of the rezoning request. The Clerk administered the oath to the following people who appeared in favor of the rezoning request. Ted Rickard, 4760 South Bannock Street. Harold Pickrel, 9090 East Nassau Avenue, Denver. Mr. Pickrel stated he owned property at 4733 South Bannock. Joe Burr, 4734 South Bannock. * * * * * * Mayor Otis aaked if anyone wished to speak in opposition to the rezoning requeet. George Noffeinger, 4793 South Cherokee, appeared before Council. Mr. Moffainger etated he was not really against the re- zoning request because he waa in favor of upgrading the neighbor- hood. Mr. Noffsinger atated hie main concern was what the increased density would do to the water preeeure in that area. * * * * * * October 14, 1980 Page 6 Robert Cook, 4754 South Bannock, appeared before Coun- cil. Mr. Cook presented and read a petition from residents in opposition to the rezoning requeat because of past problems the I residents alleged to have involving loud parties, vandalism, and auto thieves. Mr. Cook atated the residents would welcome new sinfle-family homes and believed it waa economically feasible to bui d single-family home• in this block. Mr. Cook stated not all of the signers of the petition could attend the meeting. Mr. Cook stated some of the signer• were long time residents of the neigh- borhood and asked two of the aignera, Mrs. Ortiz and Mrs. Becker, who were in attendance how long they had lived in the area. Both Mrs. Ortiz and Mra. Becker responded they each had lived there 34 years. In response to City Attorney Berardini's question, Mr. Cook stated he wrote the petition and confirmed that the petition statements were the view• of the signers and was in reference to the R-2-C rezoning request. Mr. Cook had submitted a copy of the petition to the Clerk. Ms. Romana exchanged the copy for the original which was what Mr. Cook had submitted to the Planning and Zoning Commission. * * * * * * Mr. Leo Ortiz, 4627 South Wolf, Denver, appeared before Council. Mr. Ortiz stated he waa representing his mother. Under oath, Mr. Ortiz stated putting four more two bedroom homes would not give Englewood that many more families which he understood was a goal of Englewood. Mr. Ortiz atated he felt the homes should be three bedroom to attract people with families in particular to keep the school enrollment going. Mr. Ortiz stated two bedroom ho~~e would bring in people who should stay for a short time and move onto larger homes to live in. Mr. Ortiz questioned the impact on taxes on the people who live there now. Council Member Keena stated that would depend upon whether or not the county did an appraiaal. Mr. Ortiz stated if the structures are built, they should be energy efficient. In response to a question from Council Member Neal, Mr. Ortiz stated the owner-occupied townhouse concept would be accept- able to him because he felt people who owned their own property take better care of their homes than those who rent. * * * * * * October 14, 1980 Page 7 Jeff Cook, 1801 South Dale Court, Denver, appeared before Council. Mr. Cook stated he was representing Robert W. Cook of 4754 South Bannock. Under oath Mr. Cook contested the statements of Mr. Crabbe in that the change in the block would be gradual and cited as an example the change that took place in the 4700 block of South Acoma. Mr. Cook stated the units would not encourage high income level people because $300 -$350 is not indicative of a high income level of tenant. Mr. Cook stated the appearance of the duplexes on South Acoma is unsightly and the same thing would probably happen if du- plexes are built on aubject property. Mr. Cook referred to the statements made by Mr. Noffsinger on hindering the water pressure if more unit• are built in the area. Mr. Cook sug- gested that Council reapect the rights of citizens through- out Englewood before reapecting the rights of new citizens. Council Member Keena stated the new water tower should help the water pressure. Ma. Keena stated Council was currently in a law suit over the water tower. Mr. Cook auggeated that before the rezoning is con- sidered the water auit be finished. Mr. Cook atated with the addition of four families on this block, comes an increase in fire, police, and adequate street lighting. Mr. Cook stated this type of density living invited an increase of crime. In responae to City Attorney Berardini's question, Mr. Cook stated he waa not implying a direct degrading of the neigh- borhood should the duplexes be built. Mr. Cook stated he was im- plying a need to increaae protection if the structures are built; if these needs were not addressed then the neighborhood might de- grade. * * * * * * Mayor Otis asked if there was anyone else wishing to address Council in opposition to the rezoning request. The Clerk administered the oath to the following people who appeared in opposition. Connie Forestberg, 4703 South Bannock. Mrs. Forestberg stated she was a new resident of the area and her main concern would be the reduction in water pressure if the units were built. Cecelia Ortiz, 4737 South Bannock. October 14, 1980 Page 8 Beth Cook, 2696 South Federal. Ms. Cook stated her father owned the property at 4754 South Bannock. Shirley Hudson, 4783 South Bannock. Mrs. William Becker, 4732 South Bannock. * * * * * * Council Member Real asked Mr. Robert Cook if the town- house concept would answer moat of his objections to the rezoning. Mr. Robert Cook re-appeared before Council. Mr. Cook stated he would still oppoae the rezoning because the parking on the street ia crowded now and to increase the density would lessen still the parking apacea. Mr. Cook also expressed his concerns about water preaaure being reduced with the addition of homes. Mr. Cook stated it would coat over $20/foot to install a 6" water main in the block. * * * * * * Mayor Otis asked for rebuttal comnents from Mr. Hanneman. Mr. Hanneman appeared before Council. Mr. Hanneman stated in reference to the petition presented by Mr. Cook, the great deal of objection was that in the mid-1970'• there were large crowds at- tending all night partiea at one of the present rental houses on the block and that a ring of auto thieves lived in the block. Mr. Hanneman suggested that Mr. Cook'• real opposition was to renters. Mr. Hanneman reminded Council that when hie clients went out and explained in detail what the purpose of the rezoning waa, that there was 651. of the home owners who signed the petition and a few of the people may have signed the opposition petition. Mr. Hanneman stated six of persons who signed the opposition petition are renters in the block. Mr. Hanneman argued that if Mr. Cook'• opposition to renters was so high it was curious to him the renters predominate hie list. Mr. Hanneman stated his clients propoaal i1 a realization that it i1 becoming more and more difficult for people to buy aingle-family homes whereas they might be able to afford a two bedroom duplex or townhouse. Mr. Hanneman stated their idea i1 even more significant since the area has been I targeted for improvement. Mr. Hanneman atated two additional water taps in the area could not hurt the preaaure nor solve the water problems in the City of Englewood and the water problem is a com- munity problem. Mr. Hanneman stated vandalism and thievry could be retarded if good and well conatructed homes are built. Mr. Hanneman stated he has been informed that Mr. Robert Cook drives a car with Wyoming licenae plates and is rarely at his Englewood address. Mr. Hanneman stated the duplexes would be something October 14, 1980 Page 9 that could be marketed for $40,000 or $47,000 that people can fi- nance or rent reaaotably if they can not buy a house. Mr. Hanneman stated the proposal was a positive step for Englewood in that it would definitely improve what exists there now. Mr. Hanneman stated as far as building the duplexes with quality materials would be assured by the Building Code and Building Department. * * * * * * Michael Cooper re-appeared before Council. Mr. Cooper stated he currently lived in a six-unit apartment building that he also owns. Mr. Cooper stated he had never experienced any problems with the tenants even with rent being $300/month. Mr. Cooper stated he would keep the proposed duplex as a rental unit until the townhouse concept is clarified. Mr. Cooper stated if property tax increaaea this would provide more money for the City to help pay for the added police and fire protection. * * * * * * George Noffsinger re-appeared before Council. Mr. Noffsinger stated both exiati g structures on the site are on one water tap and if tovnhouaea were built, it would require four taps. The additional tape would decrease the water pressure. Mr. Noffsinger also stated he felt the new water tower would not solve the water preaaure. * * * * * * Robert Cook re-appeared before Council. Mr. Cook reaffirmed Mr. Noffsinger'• comnents about the additional water taps decreasing the water pressure. Mr. Cook stated the auto thieves lived directly across the street from the property Mr. Cooper's owns and had heard reports that they had torn up the house. * * * * * * There were no further comnents made. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote reaulted aa follows: Ayes: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. October 14, 1980 Page 10 Nays: Absent: The Mayor None. Council Member Higday. declared the motion carried. * * * * * * Mayor Otis stated Council would take the information submitted at this public hearing and make a decision in the near future. * * * * * * COUNCIL MEMBER BILO K>VED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 9:03 p.m. ~tyty ~ I