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HomeMy WebLinkAbout1978-04-10 (Special) Meeting MinutesSPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 10, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on April 10, 1978, at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. Also present were: Assistant City Manager Curnes City Attorney Berardini Director of Connnunity Development Wanuah Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEARING CONCERN- ING THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AS IT REGARDS MR. REX T. GARRETT, 1451 WEST TUFTS AVENUE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor stated that City Manager Mccown was also present at this meeting; however, because of the nature of the public hearing and it concerning the neighborhood in which Mr. Mccown lived, Mr. Mccown has requested to be excused from the proceedings. * * * * * * April 10, 1978 Page 2 Assistant City Manager Curnes, requested Director of CoDDUnity Development Wanush to appear before Council and dis- cuss the nature of this public hearing. * * * * * * Because this meeting was a legal public hearing, City Attorney Berardini informed Council that each person giving testi- mony concerning the rezoning request would have to be sworn in. * * * * * * Director of CoD1DUnity Development Wanush, 5165 South Elati Drive, appeared before Council and was sworn in by the Clerk. Director of Comnunity Development Wanuah discussed the background on this case which is Case #6-77 and stated the Planning and Zoning CoD11Jission has recoD11Jended to Council to deny the rezoning of Mr. Garrett's property from R-1-C single-family residential to 1-1 Light Industrial. Mr. Garrett has now chosen to take his case before Council with Council's permission and that was the purpose of this meeting. 1.1.1.L~t.:Lor o.t ~uuJWUnicy ueve.1.opmenc wanusn scacea cne pro- vercy is approx1mace1y b acres; tne nortnern oounoary is on ~canrora; cne soucnern oounaary is on ·J:utts; tne western oounaary is Arapanoe ~ounty; ana tne eastern Dounaary is tne ~icy u1tcn. u1rector wanusn statea tne l'lann1ng ana ~on1ng ~0D1111ssion concJ.uaea tnat a pubJ.1c nearing naa Deen appropriately ne10 ano that wn11e the property may not De properly zonea as K-1-~ because it was tne ~0D11Jission's opinion no aeveloper would go in and build s1ng1e-tam11y res1aences in the area; 1t may not be in the best interest ot tne aOJacent s1ng1e-tam11y res1dent1a1 area to rezone tne property to the 1-1 because ot the total impact that an 1-1 zoning carries. However, the ~onm1ss1on 010 think that some businesses under the 1-1 permitted uses could operate without disturbing the area too DllCh. ~UUNC!LMAN SMITH MOVEU THAT THE INFORMATION CONTAINED J.~ TKt; CUUNC.aL l'ACKE'fS: J.. ~. j. 4. !>. b. I• ~. 1'' !NU!NGS 01'' FACT t;ACt;Kl''.l' 01'' l'LANNlN(; COMMISSION MINUTES-FEBRUARY -:l:l, 1978 EXCERl'T OF l'LANNlN(; CUMMlSSlON MlNU'l't;S-1''t;HKUAKY I, 19 /8 EXCERl'T OF l'LANNIN(; COMMlSSlON MINUTES-DECEMBER 20, 1977 l't."l'ITIONS SUBMITTED HY Ol'l'OSITION Al'l'LICANT'S EXHlBlTS S'.l'A1''1'' REl'ORT Al'l'LlCATlON April lU, 1~/8 Page 3 BE HADE A PART OF THE HEARING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. Council Member Williams. The Mayor declared the motion carried. * * * * * * John Criswell, business address 3787 South Broadway, appeared before Council and waa sworn in by the Clerk. Mr. Criswell stated he represented legal counsel for Mr. Rex Garrett. Mr. Criswell discussed the need for rezoning the land to 1-1 pointing out several areas on the map near Mr. Garrett's property that were under light industrial zoning and stated the existing indus- trial areas would promote future industrial development rather than residential development. Mr. Criswell augfested an alternative to I-1 zoning would be high density multi-fami y zoning and the latter could pose more problems for the neighboring single-family residents than a controlled I-1. Mr. Criswell entered into the record a copy of a letter from M. E. Collier, Jr., Senior Vice President of First Federal Federal Savings and Loan Association, dated April 16, 1970 and addressed to the Planning CoDDDission stating that the association would not be able to finance single-family residential develofment on subject property and advised the proper use of Mr. Garrett s property would be light industrial. (Exhibit 12) Mr. Criswell entered into the record a copy of a letter from M. E. Collier, Jr. President, of First Federal Savings and Loan Association dated Jaunary 17, 1978 and addressed to Mr. Garrett advising that some form of light industrial development would be appro- priate for Mr. Garrett's property and he (M.E. Collier, Jr.) would be willing to discuss financing. (Exhibit 13) Mr. Criswell stated both he and Mr. Garrett have met with the neighborhood and both sides agreed that if the zoning was changed to I-1, Mr. Garrett would not apply for a building permit until a plan for development is approved by all. Mr. Criswell entered into the record a cop7 of the City's rezoning policies and procedures. (Exhibit 14) Mr. Criswell offered that Council accept the following terms for solution to Mr. Garrett's case: 1) adopt 1-1 ordinance; 2) make the resoning subject to the owner filing and having April 10, 1978 Page 4 approved a PD; 3) Mr. Garrett will waive the right to contest the imposition with respect to the condition of a PD; 4) by Council's action in rezoning the property, the neighbors will be advised and they will be given an opportunity to come before the Planning Comnission and discuss the PD with respect to height, set back, landscaping, etc.; 5) Mr. Garrett would not apply for a building permit until he had gone back to the Planning CoDll'lission and had a proper PD approved. Mr. Criswell concluded his presentation by reiterating he was sure the property could not be developed under the present zoning. * * * * * * Councilman Smith asked the City Attorney about the legality of placing conditions on a development plan and making the PD binding. City Attorney Berardini stated several com- munities have achieved placing conditions on a PD; but it was his opinion that placing conditions on a zoning was illegal because a developer should be allowed to build whatever he chose within the zoning limitations. He advised the Council that precautionary controls might be placed on the PD and if there was any possibility of doing so he would inform the Council. City Attorney Berardini also stated that placing conditions on a PD may seem proper in the beginning; but they could be objectional by subsequent owners. City Attorney Berardini further stated to restrict the use of the land would be improper; however, the Council may be able to control external effects. * * * * * * Councilman Smith stated in response to Mr. Criswell's Exhibit 14 there are areas in City that do not have to rezoned with contiguous adjacent areas; sometimes the adjacent areas only have to be compatible. * * * * * * Mr. Rex Garrett, business address 300 E. Hampden Avenue and residence at Route 3 Box 97 Parker, Colorado, appeared before Council and was sworn in by the Clerk. Mr. Criswell questioned Mr. Garrett on the proper posting of this public hearing. Mr. Garrett stated that proper posting had been done. Mr. Criswell then re- quested Mr. Garrett to sign the "Certification of Posting" which Mr. Garrett obliged. Mr. Criswell then entered into the record the signed certificates. April 10, 1978 Page 5 Mr. Garrett discussed his request with the Council and the difficulty he has had trying to get financing for single- f amily residential construction. Mr. Garrett stated he has re-I ceived n\llleroua requests from people interested in I-1 businesses. Mr. Garrett asked Council to consider hie dilema and the stipulations he has agreed to and act favorably on his request for 1-1 zoning. In answer to City Attorney Berardini's question, Mr. Garrett stated he understood the implications to waive the right to contest submitting a PD before he could apply for a building permit. * * * * * * At the request of Mr. Criswell, Ralph Davis, 12333 Weat Louiaana, Lakewood, appeared before Council and was sworn in by the Clerk. Mr. Criswell then questioned Mr. Davis on the nature, etc. of hie business and why he waa asked to attend this public hearing. Mr. Davis stated his business was a job shop in precision aheet metal located in Sheridan acroas from a residential area. Mr. Davia atated he was interested in buying or leasing some property from Mr. Garrett if the rezoning request was granted. Mr. Davia alao stated the materials required for his business have to be stored inaide hie building out of the weather. He has received no compliant• with respect to noise or pollution on his business. In anawer to Councilman Clayton'• question, Mr. Davia stated the nature of his business prohibits any materials being exposed to the weather; therefore, all materials are stored inside. In anawer to Mayor Taylor's question, Mr. Davis stated the height of hia proposed building in Englewood would be 14 feet from ground level. * * * * * * Mayor Taylor declared a recess at 8:45 p.m. The Council reconvened at 9:00 p.m. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * April 10, 1978 Page 6 Mr. Criswell, appeared before Council again, and corrected some statement• he made earlier on the location of the warehousing of construction materials and the location of another construction ware- house which he thought was in the County but now finds the location to be proper under the appropriate zoning. * * * * * * Mayor Taylor aaked if there waa anyone in the audience wishing to speak in favor of the rezoning request. Paul Hendricks, 4400 South Lincoln, appeared before the Council and was sworn in by the Clerk. Mr. Hendricks stated he was sympathetic with Mr. Garrett and his predicament in that his land is aettinf idle. Mr. Hendricks stated he was in favor of proper land ut lization and would be in favor of industrial zoning because of the similar surrounding land use. * * * * * * Gerald Ray, 4505 South Lipan Court, appeared before the Council and waa sworn in by the Clerk. Mr. Ray asked Mr. Hendricks if his land waa on the particular ground in question. Mr. Hendricks stated that it waa not. * * * * * * Mayor Taylor asked if there was anyone else in the audience wishing to speak in favor of the request. No one replied. * * * * * * Mayor Taylor asked if there was anyone in the audience wishing to apeak against the rezoning request. Gerald Ray, 4505 South Lipan Court, appeared before the Council again. Mr. Ray stated he really wanted the area to stay residential; however, if Council granted the 1-1 zoning then he requested that some controls be placed on the development. Mr. Ray expressed his dissatisfaction to the Friedman plant. Mr. Ray stated neighbors tried to work out an agreement with the plant officials; ·however, the terms were never carried out. In response to Councilman Clayton's questions, Mr. Ray stated only a verbal agreement waa arrived at with Mr. Garrett and Mr. Criswell. Mr. Criswell interjected the transcript of the agreement could be found in the minutes of the Planning CoDlllission's meeting on February 7, 1978, pages 5 through 10. * * * * * * April 10, 1978 Page 7 Mr. Glenn Helfer, 4501 South Lipan Court, appeared before the Council and waa sworn in by the Clerk. Mr. Helfer requested Council to drive out in the area. Mr. Helfer stated he thought 1-1 zoning would devalue the residential property next to it. Mr. Helfer wanted to bring to Council's attention Mr. Garrett's lack of plans for the property and requested Council to postpone a decision on the rezoning request until some legal binding conditions can be agreed upon. * * * * * * At the requeat of Councilman Smith, Gerald Ray, 4505 South Lipan Court, appeared before Council to answer some questions. In reaponae, Mr. Ray stated he represented a group of concerned citizen• at previoua Planning Co11111iaaion meetings; however, the · group had not met since the laat meeting so he would not be aware of any new oppoainf agrumenta. Mr. Ray stated there were six or seven homea direct y aero•• the street on South Lipan that are affected and aeven properties on the opposite side of Tufts. * * * * * * W. R. Eldridge, 1450 West Tufts, appeared before Council and was sworn in by the Clerk. Mr. Eldridge stated that two new homes are being planned for construction on the south side of Tufts and the west aide of the ditch. * * * * * * Robert Heldebrand, 4510 South Jason, appeared before the Council and waa sworn in by the Clerk. Mr. Heldebrand stated he lived not on the broader line of the subject property but nearby. Mr. Heldebrand stated he opposed the I-1 zoning becauseof its attendant problems. Mr. Heldebrand stated he objected to the continuation of industrial development because of the increased noise factor, the industrial fumea, the paper and debris blown out of the Friedman plant and the increased traffic. At the request of Mr. Heldebrand, seventeen (17) people in the audience stood to indicate their opposition to the 1-1 zoning request. * * * * * * Elmer Jungck, 4606 Maripoaa Drive, appeared before Council and was sworn in by the Clerk. Mr. Jungck stated he was against the 1-1 zoning for reasons of increased noise and traffic that accompany thia type of zoning. Mr. Jungck invited the Councilmen to drive through the area and evaluate the situation themselves. * * * * * * April 10, 1978 Page 8 Gary Crouse, 1120 West Stanford Drive, appeared before Council and was sworn in by the Clerk. Mr. Crouse invited the Councilmen to come into his home and look at the view of warehouses that he has out his front window. Mr. Crouse stated there is debris strewn all over and around buildings and some of the area is torn down. * * * * * * Linda Ray, 4505 South Lipan Court, appeared before Council and was sworn in by the Clerk. Mrs. Ray stated she did not think the subject area was surrounded by 1-1 zoning and that it was not impossible for Mr. Garrett to find private financing in order to develop his property with single-family residences. Mrs. Ray requested Council to delay making a decision on the rezoning matter until some conditions can be placed on the development plan. * * * * * * Mayor Taylor asked if there was anyone else in the audience wishing to speak against the rezoning request. No one replied. * * * * * * Mayor Taylor asked if there was anyone who would like to appear before Council again to discuss the rezoning request pro or con. * * * * * * Paul Hendricks, 4400 South Lincoln, appeared before Council again and stated he was in favor of granting the rezoning request. Mr. Hendricks asked Council to consider the needs of Mr. Garrett. Mr. Hendricks stated the industrial zoning of Mr. Garrett's land should favorably effect the tax base of the City. * * * * * * Linda Ray, 4505 South Lipan Court, with the permission of the Mayor while remaining in the audience asked Mr. Hendricks if he had viewed the area and if he knew exactly from where the tax baae came. Mr. Hendricks answered no. * * * * * * John Criswell, 3787 South Broadway, appeared before Council again. Mr. Criswell stated that the public hearing has accoq>lished one purpose, i.e. Mr. Garrett's dilema. Mr. Criswell April 10, 1978 Page 9 stated Mr. Garrett can not develop the property under the present zoning and Mr. Garrett is willing to develop the land under re- strictions if the Council rezones the property I-1. Mr. Criswell discussed the increased market value of the neighborhooding pro- perties and partially attributed the increase to the controlled industrial development. * * * * * * Mr. Glen Helfer, 4501 South Lipan Court, appeared before Council again and rebutted Mr. Criswell'& statement on increased property value due to industrial development. Mr. Helfer stated property values have increased across the nation and has no relevance to Mr. Criswell'& agrument. Mr. Helfer stated his main concern is that Mr. Garrett wants to have a piece of property rezoned that is located between Arapahoe County's buffer zone and Englewood's R-1-A. * * * * * * Mayor Taylor asked if there were any Councilmen wishing to ask any questions on this matter. No one replied. * * * * * * COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williama, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SET THE DECISION ON THIS MATTER AT THE REGULAR COUNCIL MEETING ON MAY 15, 1978. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor adjourned the special meeting at 10:00 p.m. ~2utt £. u)LJ£h.,~ iifE!Puty City Clerk