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HomeMy WebLinkAbout1981 Resolution No. 023,; • • • RESOLUTION NO.~ SERIES OF 1981 dJ-faiJtl 7E A RESOLUTION DENYING REQUESTED ZONE CHANGE FROM SINGLE-FAMILY RESIDENCE TO LIGHT INDUSTRIAL BY APPLICANT, GEORGE B. ADAMS, IN THE 2900 BLOCK OF WEST UNION AVENUE. BE IT HEREBY RESOLVED that the following constitutes the findings of fact, conclusions, and order of the City Council of Englewood, Colorado, in the matter of the application of George B. Adams for a change in zoning of property in Centennial Industrial Park and on West Union Avenue from single-family residence to light industrial. This matter came before the Englewood City Council for public hearing pursuant to the '69 E.M.C. SS 22.3-1 through 22.3-4. The applicant, George B. Adams, was represented by Harold Barrett, Real Estate Agent. Mr. Adams was present and gave testimony on his own behalf. Also present and testifying for the application was Auton Barc hesky. Dorothy Romans appeared for the Planning and Zoning Commission and gave evidence and testimony. The Council had previously received the recommendation and repo rt of the City Planning and Zoning Commission along with exhibits and the complete written record from the Commission. After hearing the evidence of the parties and considering the recommendation of the Planning and Zoning Commission, the Ci t y Council makes the following findings and conclusions: 1. This matter was properly noticed for public hearing for May 4, 1981 at 7:00 p.m. by appropriate Notice of Hearing published April 8, 1981 in the Englewood Sentinel, posting of the property, and notification of the applicant. 2. That the City Council has authority to conduct and j urisdiction over this matter pursuant to the Englewood City Ch a r te r, Article VIII, Part II, the '69 E.M.C. §22.3-1 through 4. J. That the parties have come before the Englewood City Council and made no objections to this proceeding. 4. This matter was previously heard by the City Planning and Zoning Commission which has submitted to the Council a recommendation that the requested zoning change not be granted • > \ • • • 5. The applicant, and his witnesses, stated generally that the proposed change from residential to light industrial zoning was for the purpose of developing the property by building off ice and warehouse facilities; that the proposed development was ready to begin with construction and funding being available; that storage outside said warehouses would not occur; that they believed the area was changing to commercial and industrial uses; that the streets provided a favorable traffic pattern for the proposed change; that he had had circulated a petition (now submitted to Council) and properly explained the proposed change to all petition signers; that they believed the proposed change was appropriate to the area and not harmful to nearby residential zones; and answered questions by Council members. 6. Ms. Dorothy Romans presented testimony and documentary evidence to support the Planning and Zoning Commission recommenda- tion. Ms. Romans informed the Council that Planning and Zoning had recommended against the change because: It had not been demonstrated that the original zoning was in error; significant changes had not occurred to preclude development as zoned or to render the property more suitable for industrial use; nearby properties are residential and the proposed zoning is not com- patible; other lots are zoned industrial and available for use • Ms. Romans presented statements to the Council concerning changes in the area since the original zoning; concerning surrounding properties; concerning new and present development; concerning the Englewood Comprehensive Plan; and answered various questions from Council members. FINDINGS OF FACT 1. That this matter was properly heard by the Englewood Planning and Zoning Commission in a procedurally correct manner; that the Planning and Zoning Commission forwarded its recommendation of no change in the zoning pursuant to the Comprehensive Zoning Ordinance, '69 E.M.C., S22.3-4. 2. That the applicant, George B. Adams, properly appealed to the Council to review the Commission's review by public hearing; that said public hearing was convened and followed the procedures set forth in the '69 E.M.C., Chapter VII, Title I. 3. That each party has been given the opportunity to present such evidence, in testimonial or documentary form,·· as he wishes and has been given the opportunity to examine and contest the evidence of the other party; that the Council has also had the opportunity and has questioned each party and examined the testi- monial and documentary evidence presented • 4. That the application for rezoning was filed by the owner of the property, George B. Adams, 2929 West Union Avenue, Englewood, Colorado. -2- ~ • • • • 5. That the property for which rezoning is sought is described as follows: Lots 10 and 11, Block 1, Centennial Industrial Park, together with the North 1/2 of West Union Avenue adjoining Lots 10 and 11, Block 1, Centennial Industrial Park. (Located in the 2900 Block of West Union Avenue.) 6. That the area sought to be rezoned by this application was annexed to the City of Englewood by Ordinance No. 24, Series of 1960,and was zoned R-1-A, Single-family Residence, which zone classification was changed to R-1-B, Single-family Residence, in 1963. 7. That the zoning of the property to the west and north- west of the subject site is I-1, Light Industrial: to the north and northeast, R-3, High-Density Residence: to the east, R-1-B, Single-family Residence; and to the south, R-1-B, Single-family Residence. 8. That there is a filling station, carwash and retail outlet to the west and northwest of the subject site in the I-1, Light Industrial area. 9. That there are two single-family residences immediately to the east of the subject site at 2929 and 2939 West Union Avenue; to the south, there are single-family residences fronting on West Union Avenue between South Federal Boulevard and South Decatur Street, and the area west of South Federal Boulevard is developed with single-family residences. 10. That the property to the north and northeast of the subject site was rezoned from I-1, Light Industrial, to R-3-A, Multi-family Residential in 1971; however, no development has taken place on the property to this time. 11. That property identified as Centennial South Subdivision located between South Decatur Street and South Clay Street to the south of West Union Avenue was zoned R-2, Medium-density Residence in 1976 and is now being developed with single-family attached housing. 12. That Centennial Park is at the northeast corner of West Union Avenue and South Decatur Street. 13. That 13 persons signed a petition stating that they, as property owners in the adjacent area, did not object to the zoning change as requested by Mr. George B. Adams. 14. That the 1979 Comprehensive Plan states that the Industrial zoning applied to the land on the east side of South Federal Boulevard between West Union Avenue and West Tufts Avenue should be re-evaluated because of its proximity to the residential neighborhood on the west and the Centennial Park on the east. -3- .. ' • • • 15. That a goal of the 1979 Comprehensive Plan is to main- tain the residential neighborhoods as the cornerstone of our community. 16. That Centennial Park is a rather large municipal park which is a prominent public facility in the area and influences the residential uses in the area. 17. That the applicant did not present testimony that the property could not be used under zone classification R-1-C, R-2, R-2-C, B-1 or B-2 intermediate zone classification between R-1-C and I-1. 18. That the carwash and filling station retail outlet are in an I-1 zone classification. They are actually commercial uses permitted in B-1 and B-2 zone classifications, not I-1 uses. Both B-1 and B-2 are less intensive uses than an I-1 use. CONCLUSIONS 1. No evidence has been presented to the Council which has demonstrated that the original zoning of subject property was in error. 2. Since the subject site was annexed to the City in 1969, the principal changes and development in the area have been of a family residential and recreational nature. 3. That other property is available in the area which is currently zoned light industrial and is undeveloped. 4. That a change in the zoning of the subject property would expand a light industrial zoning into a single-family residential area and not be in conformance with the City of Englewood 1979 Comprehensive Plan. S. That the public necessity, convenience, health, safety, morals, general welfare or good zoning practice does not justify a change of the subject property's zoning from single-family residential to light industrial; and the Council, in its discretion, determines that the requested zoning change would not be appropriate • -4- . • • • • ,. .. ORDER THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THEREFORE ORDERS: this 18th day of May, 1981. ~~Z~ r-Euge¥L-. Otis, Mayor Attest: ..... w~d;~~ I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foreyjng is a true, accurate and complete copy of Resolution No. , Series of 1981. ...... ~~/(~ ry R.Jr ee -s-