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Home My WebLink About1976 Resolution No. 021• .i • 21 RESOLUTION NO. , SERIES OF 1976 --- A RESOLUTION ADOPTING FINDINGS OF FACT AND CONCLUSIONS IN CASE NO. 34-75, APPLICATION FOR THE REZONING OF LAND WITHIN THE CITY OP ENGLEWOOD, COLORADO FROM R-3, HIGH DENSITY RES- IDENCE, TO B-2, BUSINESS. WHEREAS, pursuant to Section 22-3-2 of the Compre- hensive Zoning Ordinance, a Public Hearing was held before the City Planning and Zoning Commission on December 17, 1975, to rezone a certain parcel of land within the City from R-3 High Density Residence Zone District to B-2 Business Zone District; and WHEREAS, the City Planning and Zoning Commission has considered the proposed amendment and map change, but has sub- mitte d its unfavorable reconunendation to the City Council therefor; and WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance a public hearing was held before the City Council on April 5, 1976 to rezone said parcel according to the above designation; and · WHEREAS, the Council has reviewed the evidence taken in th' form of testimony, statements, reports and documents filed in the above rezoning application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the Findings of Fact and Conclusions contained in Case No. 34-75 relating to the rezoning of a certain parcel of land within the City of Englewood from R-3 High Density Residence Zone District to B-2 Business Zone District, pur- suant to Section 22-3-2 of the Comprehensive Zoning Ordinance, heretofore presented to the City Council by the City Planning and Zoning Commission, are hereby approved and adopted. -1- • • • Se ct i on 2. That a verified copy of said Findings of Fact and Conclusions are attached hereto and made a part of this Resolution as thoygh fully set forth. ADOPTED AND APPROVED this 3rd day .of May, 1976. ATTEST: ~;(h!v-.-YOR I I exo1hCfo CirJt-Treasurer ·-~?-~f ~,e I, William o. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. 21 , Series of 1976. -2- • ••• •• ~ ...; CITY PLANNING AND ZONING COllMISSION CITY OF BNGLBWOOD, COIDRADO IN 11«1 llATTIR OF CASE #34-75, ) t 'I NOINGS OF FACT, CONCLUSIONS ) AND RSCOlllSK~ATIONS RBLATING ) TO TRI APPLICATION TO REZONE ) A C&llTAIK ARBA OF THB CITY OP ) DGLIWOOD PRCll R-3, HIGH DDSITY ) USllJBJICI, TO B-2, BUSINBSS, ) PURSJAllT TO 122-3-2 OF Tiii COM-) PRBBSlfSJVB ZONING ORDINANCE OF ) TRI CITY OF DGLBWOOD, COLORADO ) A Public Hearing was held in connection with Case No. , 34-75, on Deceaber 17, 1975, in the City Council Cbaabers at the Snslewood City Rall. A quorua of the City Planning and and Zonlns C01111ission was present, those being: Mr. Brown, Mr. Jonea, •r. Jorgenson, Mr. Saith and Mr. Tangwaa. Mra. Pierson, Mre. Wade and llr. Parker were not present at the tille of the Public Hearing; however, Mr. Parker listened to tbe taped proceedincs in full on January 5, 1976, in the office of the Departaent of Co111111nity Developaent. FIKDIKGS OF FACT Upon review of the evidence taken in the fona of t .. tillon7, preaentationa, reports and filed docwaents, the Caselaaion •Ake• the following findinsa of fact: 1. Tbat proper notice of the _.tlq to consider the requ .. ted .rezoning was elven by publiabiDI and posting. 2. Tbat the area in question la described as: Block 6, Interurban Additiop, Arapahoe County, Colorado~ except the west 75 feet thereof. 3. That the application for rezonlnc was filed by GradJ Franklin llaples, M •. R. VanDiver, Richard Hoffschneider and Robert Hoffschneider, owners of the property for which the rezoning is requested. 4. That the area with which this application is concerned waa annexed to the City of Englewood, by Ordinance llo. 13, Sert .. of 1964. 5. That followiq aaid annexation, Metings were held wltb the owner• of property to determine the proper plan tor develo ... nt of the area and, following proper notice and Public Rearina• thereon, the zone claselfications were iaposed upon the land to implement those plans. 1 . ·, .. . ' • -2- 8. Tbat tbe land with wbich tbe application 1$ con- cerned, was zoned R-3-B, llulti-faaily Re•idence, by Ordinance No. 27, Series of 1964, and upon the repeal of the R-3-B llulti- lullJ Reaidonce by Ordinance No. 31, Series of 1975, the land ••11 zoned R-3, II lt:h-IJuau-1 J ty Rcl!ddonco, u compurablo zono cl•••ification, by Ordinance No. 53, Series of 1975. 7 •. That the Coaprehensive Plan of the City of Znalewood, Colorado, adopted by Resolution No. 28, Series of 1969, does not project th e expansion of the conunercial develop- •ent west along or adjacent to West Belleview Avenue. 8. That certain uses which are adjacent tothe subject •1te were permitted to be developed by Arapahoe County before the area was finally annexed to the City of Englewood, which u•es still exist: (1) An ambulance service to the west of the subject site which is a Non-conforming Use in the R-3 Zone District. 2) The K-Mart Store to the east of the subject site, t he west portion of which site was zoned from R-3-B, Multi-family Residential, to B-2, Business and R-4, Residenttal- Pro f essional , after final annexation to the City of Englewood, the building permit for the store having been issued by Arapahoe County • 9. That n "buffer" zone, R-4, Residential-Professional", was illposed on the west 50 feet of the K-Mart property to serve •• a zoning barrier between the business zoning on the K-Mart aite .and the •ulti-taaily residence zoning on the subject •lte; the R-4 7.one District not permitting uses of a commercial nature other than for accessory off-street parking. 10. That in the areas to the north and west of the land with which this application is concerned, there are uses of a re•idential nature, both single-family and multi-family r .. ldences and tha t the character of the neighborhood to the north and west is prillari l y of a residential nature. A Planned Development is on file in the office of the Arapahoe County Clerk and Recorder for a Multi-family Residential complex to the south of the subjec t site , but to this date, has not been i•pl e me nted . 11. That a c c e ss t o the property with which the applica- tion is concerned i s lia ited to West Belleview Avenue, a heavily traveled arterial. 12. Tha t th e R-3 District is coaposed of high-density re•idential areas of the City, ordinarily located between single-and two-family residential areas and commercial areas, plus certain open are a s whe r e similar development appears l ikel y to occur . Th e r egula t ions for this District are designed to stabilize and protect t he essential characteristics of the Distr i ct, t o pro•ot c and e ncourage, insofar as is compatible ....... ""': ·,,, > ~-I '• • • ' t~ -.:! :.~• ... .. - '. .. . .. . I i ~. . . . '•-.. .. ~ . .. :J wi tb tbe b11b intensity of land u•e, auitable environaent for f .. ilJ life, and to per11it ·certain prot•••ional uses of a · character unlikely to develop general concentration · of traffic, crowd.a of people and general outdoor adverti•in1. To these eDdll, tbi• D1atrict ia protected asainat encroachllent .of general 1Dcba8tr1al uses and certain co-erclal u•e• wbile tbe repla-·· . ttona pel"llit h11h development con•i•teat witb the biSb concentra- tion of per.on• and land valuation. Re•idential t _ypea of . . .. ' •truotur.es u well aa varioua inatitutiom are · per11itted,_.·,plu• ·. · t.; atructure• tor protesaional u•es confor11ing to the pattern of ·· · the Di•trict. · · ., Beculationa are iapo•ed upon clevelo.-ent in tbis District ... lob require open apace and landacapinc, undercround utilitie•, alniaua lot area and aaximul lot coverace, and other .siailar -control•. 13. That tbe B-2 8"•1ne•• ZOne ·Dilitr1ct 1• c0apoaed. o1 ua•• of a reta111n1 and •ervice. natu~e oriented to vehicular . . :,{._ ·: traffic and aotorized cu•toMra, u we~l a• re•idanta of the : . .,;'. · ·; . Cl'tJ and aurroundiDS area and that the B-2 Zone Di•trict pro-·.· ._ ·; "~ ... vid• no •afeparcla to adjacent re•idential propertiea aa to .... , :-.:: · .-~.-.. · opea apace., lan48caplq,aiaillua lot •iH, aaxiaua lot coveras•• -:--.,:·;· .. or~ •11111ar provi•iou other tban to require a setback on that · , ~-:.--· portioa of the property in the a-2 Diatrict which abut• upon · .. · ... :_··.: · · a leaidential Di•trict "in the s... block" · · 14. Tlaat llr. llapl .. and Mr. Vandiver . applied :, to the · CltJ tor the resonina of tbi• area in 1972, Case #169-72, troa R-3-B to B-2. Tbe eo-i••ioil reco ended approval .of t 'he. resoninc; however, tbe Council later .denied the rezonina tollowin1 a Public Hearing • . . . CQ!Cl.U810118 ~ 1. That proper public notice of · the PUblic · Bearln1 ... 1iven; 2. That cnrner• of reaidential propert1 in tbe acttacent area have relied on the aulti-faail7 re•idential soaiDc de•i1nation on the property with which the application " l•:coaoerned; . ') ,., .. . ,, .~ .. . . . ,• ' . '.,, • -~ 'I". H·~1: . ' ' .. •'\! • • t ~ ~· ' ·-,,, . . ... · : 3. Tbat the Coaprehen•ive Plan doaa .not project further · .::: cc ercial development along West Belleview Avenue; 4. That the exte1111ion of the comaercial zoning as propo•ed would not be coapatible with existing single-taa11J u ... in the areaa to the ~rth and weat of tbe subject site; •· 5. That it bas not been deaonatrated that the ori1ina1·. ;. zonina waa in error; 6. That no plana for the development of tbe· subject •ite bave been pre•ented other than that the land 1a · to be on the aarket tor sale; ,•' I .. •' !, ... .., . . ... , . •• I • .. ,. 7. 'ftlat Jt ha& not boen demonatrated that the propertJ cannot be developod undnr the pre•ont zoninK: 8. That thoro ha11 boon no aubatantial oban10 in the nature of the i .. ediate area which would preclude the use of tbe land under t he present zoning. · 9.· That the zone classification of R-3 will. continue to conaerve and stabilize tbe value of property, prevent undue concentration of population and traffic, secure .safety fro• flre, danger, noi~o and other etlucts 'which would be detriaental to existing residents, and to proaote tbe health, safety, aorala and general welfare of all in accordance with a Coaprehenaive Plan. RBCOllllB1'DATIOM ' Therefore, it is the recOllllendation of the City of Saalewood City Planning and Zoning Colmiasion to the City Council of the City of Bnglewood, that the above deacribed property not be rezoned fro• R-3, Bi1h Density Residential, to B-2, Business as requested by tbe applicants in Caae Ko. 34-75. Upon vote at a •eating of the Comaission January 6, 1178. Tboae voting favor of the rezonin1: Parker and Jor1enmon. Those opposed to the rezoning: Brown, Jones, Pierson, ~ Wad,, Saith and Tanguaa. Tboae abstainingr Willius BT OBmB OP TBB CITY PLANlfJ'tf6 AlfD ZOMIMG OOllllISSIOM. lddie Tanauaa, Jr. Vlce-Cbairaan ~