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HomeMy WebLinkAbout1976-02-09 (Special) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 9, 1976 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on February 9, 1976 at 7:30 p.m. Mayor Pro Tern Clayton, presiding, called the meeting to order. The invocation was given by Mayor Pro Tern Clayton. The Pledge of Allegiance was led by Councilman Smith. Mayor Pro Tern Clayton asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Smith, Brown, Mann, and Mayor Pro Tern Clayton. Absent: Council Member Sovern and Mayor Taylor. The Mayor Pro Tern declared a quorum present. Also present were: City Manager Mccown Asst. City Manager Nollenberger Asst. City Attorney DeWitt Acting Director of Community Development Romans Director of Finance James Deputy City Clerk Varner * * * * * * COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY CREATING A NEW RESIDENCIAL DISTRICT TO BE ENTITLED "R-2-C MEDIUM DENSITY RESIDENCE DISTRICT". Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. February 9 , 197 6 Page 2 Acting Director of Conununity Development Romans explained the proposed new zone district R-2-C which is a medium density zone district and presented the reasons behind it. Yvonne Naudack, 3997 South Lincoln, appeared to speak for this ordinance. She stated she is 100% in favor of this new zone for this particular eight block area. Mayor Pro Tern Clayton pointed out that this public hearing and ordinance are just to establish the new proposed zone district and are not designating any particular area to be so zoned. Leonard J. Mitchell, 3760 South Sherman, appeared to ask if the new zone would allow the renting of apartments. Ms. Romans explained that the proposed zone would allow two family use on a fifty foot frontage. Mr. Mitchell stated that he is definitely in favor of the new zone. Virgil Thomas, 3810 South Lincoln, appeared to speak for this ordinance. He conunended City Council and Ms. Romans for drafting this new zone because it is needed as a new dimension to the comprehensive plan. No one appeared to speak against this ordinance. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. INTRODUCED BY COUNCILMAN BROWN BY AUTHORITY ORDINANCE NO. 6 SERIES OF 1976 AN ORDI NANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, (ORDINANCE NO. 26, SERIES 1963, AS AMENDED), BY CREATING A NEW RESIDENTIAL DISTRICT TO BE ENTITLED "R-2-C MEDIUM DENSITY RESIDENCE DISTRICT", DEFIN- ING THE SAME, ESTABLISHING PERMITTED PRINCIPAL USES, MINIMUM LOT AREA, MINIMUM FLOOR AREA, MAXIMUM PERCENTAGE LOT COVERAGE, February 9, 1976 Page 3 MINIMUM LANDSCAPING, MINIMUM FRONT~GE OF LOT, MAXIMUM HEIGHT OF BUILDING, MINIMUM FRONT, SIDE AND REAR YARDS, MINIMUM OFF- STREET PARKING, AND AUTHORIZING ACCESSORY BUILDINGS AND PER- MITTED ACCESSORY USES; AND DECLARING AN EMERGENCY. COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED I A MOTION TO PASS ORDINANCE NO. 6, SERIES OF 1976, CREATING A NEW RESIDENTIAL ZONE DISTRICT R-2-C. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. Assistant City Attorney DeWitt explained that the Planning and Zoning Commission will hold hearings for those areas to be zoned R-2-C, and they will then make recommenda- tions to City Council. * * * * * * Mayor Pro Tern Clayton recognized Councilman Severn's presence. Councilman Sovern stated that he is only able to stand and did not join Council. * * * • * • COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING REZONING A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD FROM R-3 TO B-1. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. Acting Director of Conununity Development Romans presented the City Clerk with the "Certification of Posting". She explained the ordinance and outlined the affected area on the zoning map. February 9 , 19 7 6 Page 4 Ralph Chumley, 3550 South Cherokee, appeared and explained his possible plans for his property in this area. He stated he is in favor of this ordinance. Mary Mitchell, 3565 South Cherokee, appeared to speak for this ordinance. She stated her purpose for wanting the zoning change is because her property has decreased in value over the last couple of years, and with the rezoning her property should increase in value. Elsie Johnson, 3575 South Cherokee, appeared to speak for this ordinance. She stated she is in favor of the zone change. Mrs. Thorp, 3595 South Cherokee, appeared to speak for this ordinance. She stated both she and her husband are definitely for this ordinance. Ralph Chumley requested that the previous petition which was presented to the Planning and Zoning Conunission in favor of this ordinance be entered in the public hearing. No one appeared to speak against this ordinance. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. INTRODUCED BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 7 SERIES OF 1976 AN ORDINANCE REZONING A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-3 HIGH DENSITY RESIDENCE DISTRICT, TO B-1 BUSINESS DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS ORDINANCE NO. 7, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. February 9, 1976 Page 5 Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO DISCUSS CASE NO. 1-76 OF THE BOARD OF ADJUSTMENT AND APPEALS GRANTING A VARIANCE TO AZAR'S RESTAU- RANT, 5211 SOUTH BROADWAY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. City Manager Mccown stated Council has thirty days in which to appeal the action of the Board of Adjustment and Appeals, and the thirty days are up February 14. Bill Brokate, Code Enforcement Officer, stated that the building permit was issued to Azar's the morning following the Board of Adjustment and Appeals meeting. They have removed the old sign and the former foundation, and the new sign will be erected tomorrow if it was not done today. Councilman Mann asked if the City could be open for a law suit since the permit has been issued and the sign is already in the process of being erected. Assistant City Attorney DeWitt explained that the City Council has thirty days in which to appeal the action, and that Azar's are required to know the laws and ordinances in effect. Donald Seymour, 4750 South Lipan, member Board of Adjustment and Appeals, stated that Azar's were represented by the sign company people. Douglas Sovern, 4550 South Knox Court, stated he feels Council should appeal this action that is so obviously contrary to the sign code. He stated the Board of Adjustment and Appeals and City Council could be faced in the future with accusations of being inconsistent, unfair, etc. He also stated that he feels the sign company should be aware of 'the laws. Eddie Tanguma, Chairman of Planning and Zoning Commission, stated he is .. n favor of Council appealing the February 9 , 1976 Page 6 action of the Board of Adjustment and Appeals because it is contrary to the sign code which was set up as a standard. He stated the big sign is not needed because the present sign can be seen adequately. He also stated that the sign company should have known about the ordinances. In answer to Councilman Mann, Mr. Tanguma stated that obtaining the building permit is part of the preliminary work that many people just want to get out of the way. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CEASE DISCUSSION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN SMITH MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO APPEAL THE ACTION OF THE BOARD OF ADJUSTMENT AND APPEALS FOR CASE 1-76 GRANTING A VARIANCE TO AZAR'S RESTAURANT ALLOWING THEM TO RAISE THE HEIGHT OF THEIR SIGN FROM 32 TO 42 FEET. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Clayton. Nays: Council Member Mann. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TC ADJOURN THE CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. February 9, 1976 Page 7 The Mayor Pro Tem declared the motion carried, and the City Council meeting was adjourned at 8:40 p.m. City Clerk ~6~ -