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HomeMy WebLinkAbout1958-08-07 PZC MINUTESPage 306 cumulative to the penalties in Section 16A. L9 . SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portion thereof. The City Council hereby declares that it would have passed this ordinance and each portion or portions thereof, irrespective of the fact that any one portion or portions be declared invalid or unconstitu- tional. 20. CONFLICT OF ORDINANCES: EFFECT OF PARTIAL INVALIDITY. In any case where a provision of this---Ordinance is found to be in conflict with a pro- vision of any zoning, building, fire, safety, or health ordinance or code of the City of Englewood existing on the effective date of this ordinance, the provision, which establishes the higher standard for the promotion and protection of the health and safety of the people, shall prevail . In any case where a provision of any other ordinance or code of the City of Englewood existing on the effective date of this ordinance establishes a lower standa r d for the promotion and protection of the health and safety and welfare of the people , the pro- visions of this ordinance shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this ordinance. In addition to the requirements set forth in these regulations, all mobile home parks and facilities shall be established and constructed in compliance with all existing statutes, ordinances, codes and regulations of the City of Englewood, County of Arapahoe, and State of Colorado. Passed on first reading by the City Council of the City of Englewood, Colorado , this day of , 1958, and o rdered published in the Englewood Herald and =--,.---.,---Enterprise. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY PLANNING AND ZONI NG COMMISSION MEETING AUGUST 7, 1958 The meeting was called to order by Chairman Jones at 8:10 P. M. Members present: Braun, Hill, Jones, Lacy, Rudd Members absent: Kelley, Romans M. 0 . Shivers, Jr., Attorney George H. Allen, Owner 9 West Hampden Av e nue Rez o ning Northwest Corner (two lots) of Eas t Dartmouth Avenue and South L in coln Street. Hearing No. 30-58 Mr. M. O . Shivers, Jr., Attorney, representing Mr. George H. Allen, owne r ., appeared and presented a request for rezoning the subject area from R-2-B to R-3, C-1 or C-2 Zone District, for the purpose of enlarging an existing Doctor's Clinic. The request was supported by a petition and the following letter. City Planning Commission City of Englewood City Hall Englewood , Colorado Gentlemen: "LEE AND SHIVERS Attorneys at Law 9 West Hampden Avenue Englewood, Colorado July 15, 1958 Re: Request for change of Zoning; Lots 25 and 26, Block 8, Strayer's Broadway Heights. On January 14, 1955 , under Ordinance No. 4, Series of 1955, relating to the above described property only, the City of Englewood rezoned the same from an R-2 Residential District to an R-3 Residential district for the express purpose of permitting the construction and operation of a medical clinic building. Pursuant to that Ordinance, Mr. George H. Allen, the owner d the building, constructed a new building for a medical clinic, and the same has been in operation since it's construction. On the 7th day of November, 1955, the City of Englewood adopted a new zoning code, and in so doing, the existing use of the above property was overlooked, and the property was zoned as an R-2-B Residential Zone, creating a non-conforming use. This was not discovered until ap- plication was made to enlarge the structure to permit adequate facilities for the physicians making the use thereof. The owner of the property does not believe the present zoning to be fair or proper, nor to be good zoning practice. This property adjoins and abuts a C-2 Commercial district, and in preparation for a change of zoning, the property owner has obtained an expression from over 80% of the land owners within 100 feet, consenting to the change of the above described property from R-2-B to C-2. Such a change would not .be "spot" zoning but merely an extension of an existing C-2 district. I I I I I Page 307 Since the R-3 district permi t s a clinic and is a higher type of use than a C-2, the at- tached petition indicates there would be no objection in the neighborhood to a rezoning from R-2-B to R-3, should the Planning Commission so desire. The property o wner, George H. Allen, respectfully requests that Lots 25 and 26, Block 8, Strayers Broadway Heights, be rezoned from an R-2-B Residential Zone to either an R-3 Residential Zone or C-1 or C-2 Commercial Zone. MOS:br Encl." Lacy moved, Braun seconded: Very truly yours, /S / M. 0. Shivers, Jr. That the Planning and Zoning Commission proceed to legally advertise, post the premises and hold a public hearing on September 4, 1958, relative to proposed rezoning as follows: Lots 25 and 26, Block 8, Strayer's Broadway Heights, Arapahoe County, Colorado, from R-2 ~B (Resi d e n tia l ) classification to R-3 (Multiple Residential), C-1 (Commercial) or C-2 (Commercial) classification. Ayes: Braun, Hill, Jones, Lacy, Rudd Nays: None Absent: Kelley, Romans Mr. Kelley en t ered and was seated with the Commission. Herman Ausink 1461 South Ogden Rezoning Approximately 125 Feet North of West Grand Avenue and 100 Feet East of South Acoma Street. Hearing No. 25-58-A July 10, 1958 The subject area having been properly posted and pu b lic notice given, a hearing was held relative to rezoning of the area from P Zone (Parking) classification to C-2 (Commercial) classification. The hearing was opened with the showing of photographic slides and presentation of a land use study of the subject area by the Planning Director. Mr. Ausink stated that he wished to build apartments or motel units on the north side of his property, the structures to extend into the presently zoned P Zone. He also said that he was willing to accept any zoning that would allow him to build on his property. Mr. J. Rush, 4965 South Broadway, was present and spoke stating that it was immaterial to him as to what zoning was allowed in the area and that the present P Zone suited h i s plans perfectly. He also pointed out that even thoug h Mr. Ausink is no t able to build now, since the land was annexed and zoned for a P Zone, he was likewise not able to build, for lack of water service, before the land was annexed. Mr . Kelley opened Commission discussion by posing the question as to whether or not the Commission's action in this case would set a precedent which would , in fact , initiate the "eating away" of the entire P Zone on a piece meal basis. Mr. Rudd acknowledged this possibility but questioned whether the granting of this re- zoning request would 7 in fact, set up a chain reaction of P Zone rezoning or whether the remaining entirely vacant portion of the P Zone could continue to stand as presently zoned even though this specific change were granted. The Planning Director, Mr. Lacy, stated that he felt that the applicant could solve his building problem by rearranging the location of his proposed building and redesigning it. He pointed out the relatively new concept of the purpose of the P Zone , i.e., to provide b ulk area parking space to support commercial usage, and cited examples of Englewood areas now deteriorating for lack of sufficient bulk parking. The school needs for a buffer zone of a type not allowing commercial building was also cited, and the fact that owners in this particular block own both Broadway and Acoma frontage was also mentioned. Mr. Jones stated that he was convinced that a rezoning, as requested, would be the "begin- ning of the end" of all existing P Zone and nullify the entire concept as it now exists in the ordinance. He also cited the new paving on South Broadway and the proposed widening of Belleview Avenue, as reasons for a heavy commercial demand to be made for land , including parking, in the su b ject area. Mr. Kelley, speaking again, questioned the legality of the P Zone in it's entirety , stating that, in his opinion, the property owners whose land lies in any part of a P Zone are un- duly restricted in the use of their land over and above the normal parking requiremen t s variously specified in all other zones. Mr. Braun and Mr. Hill both spoke as to the critical need for homogenous parking areas in all business centers and cited the commercial potential for the area in question as naking the P Zone mandatory. Hill moved: Kelley seconded: That the hearing be closed. Ayes: Braun , Hill, Jones, Kelley, Lacy, Rudd Nays: None Absent: Romans Page 308 Other discussion revealed that Mr. Ausink affirmed that his request for rezoning includes only a tract 126 feet by 100 feet. Kelley moved: Braun seconded: That t h e request be d~nied on the grounds that it would constitute a violation of rezoning area requirements as established by City Council rezoning policy. Ayes: Braun, Hill, Jones, Kelley, Lacy, Rudd Nays: None Absent: Romans Lacy moved: Rudd seconded: That the Planning and Zoning Commission request a legal opinion from the City Attorney as to the legaility and validity of the entire concept of the P Zone as exists in the Zoning Ordinance. Ayes: Braun, Hill, Jones, Kelle y, Lacy, Rudd Nays: None Absent: Romans Walter Erwin, Attorney Littleton Nat'l Bank Bldg. Littleton, Colorado Street Vacation Verona Place in 3500 Block Between South Marion St. and South Downing St. Hearing No. 31-58 Mr. Walter Erwin, Attorney, appeared to request the vacation of a thirty (30) foot dedication of a street (Verona Place) in the subject area. Mr. Erwin presented a plat of the entire block but which did not show existing utilities or recent highway right-of-way purchase. He stated that three of the four affected property owners had been contacted on the proposed vacation and that all three were in favor. Braun moved: Kelley seconded: That the request be received and that Mr. Erwin prepare a plat showing the highway right-of-way, all existing utilities and owner- ships abutting the proposed vacation; that a letter or petition be secured from all four abutting land owners indicating their feeling on the movement and that further consideration of the request be deferred until Septem ber 4, 1958. Ayes: Braun, Hill, Jones, Kelley, Lacy, Rudd Nays: None Absent: Romans Jacob Snow barger 800 West Oxford Avenue Subdivision Small Tract South of West Oxford Avenue and West of the City Ditch Hearing No. 27-58-A July 10, 1958 The final plan for subdivision of the subject area, as modified, was presented by Mr. Charles Costin, Consulting Engineer, and Mr. Snowbarger, owner. The Planning Director reported that Mr. Snowbarger's Attorney had suggested a perpetual easement document be drawn and recorded, as part of the plat, allowing Mr. Snowbarger's property indefinite use of an existing well which is located beneath the dedicated street right-of-way. A communication from the City Attorney recommended that if such easement is granted that no manhold installation be allowed and that the well be operated by means of an offset pumping installation located on the owner's property. Lacy moved: Hill seconded: That the Planning and Zoning Commission recommend to City Council that the final plan of the Snowbarger Subdiv~ion be approved, subject to the receipt and approval by the City Attorney, of a perpetual well easement and that all provisions of the s ubdivision regulations, including street improvements be enforced. Ayes: Braun, Hill, Jones, Kelley, Lacy, Rudd Nays: None Absent: Romans Glen Wilson Wilson Investment Company 950 West Oxford Avenue Subdivision Both Sides 40 00 Block So. Jason St. (Oxford Heights, Second Filing) Hearing No. 26-58-A The final plan for Oxford Heights , Second Filing, as modified, was presented for considera- tion, by Mr. Charles Costin, Consulting Engineer, and Mr. Glen Wilson, developer. In the discussion, it was genera lly agreed that the closing of West Nassau Avenue, as pro- posed, would not be detrimental since it would not affect access of emergency vehicles to residential or industrial property in the area inasmuch as the route of approach would be from the north and south in every case; also for the reason that West Nassau Avenue could only extend eastward for one more half block, if dedicated, and then would not connect with South Huron Street because of grade differences and an existing structure, and also for the reason that the lack of a street would eliminate industrial and commercial traffic in the residential zone. After further study of the plan, I I I I I I Rudd moved: Kelley seconded: Page 309 That the Planning and Zoning Commission recommend to City Council that the final plan of Oxford Heights, Second Filing, be approved, subject to the presentation of evidence of a full 16 foot utility easement along both the west and the north sides of the subdivision and that the street improvement requirement be satisfied by a certificate of escrow from the F. H. A. Ayes: Hill, Jones, Kelley, Lacy, Rudd Nays: Braun Absent: Romans Vicrtor C. Rose Subdivision 4215 East 34th Avenue Approximately Two Blocks South of Wes t Oxford Avenue Between South Jason Street and South Lipan Street in the 4100 Block Hearing No. 29-58-A July 24, 1958 Mr. Victor C. Rose, developer, appeared to present a preliminary design of the proposed Rose Meadows Subdivision in the subject area, as modified by Public Works and Utilities Departments' analysis of the preliminary design considered previously. He also showed photographic slides of housing similar to the type he proposed to build in the subject subdivision. In the discussion that followed , it was noted that several proposed building sites did not meet minimum requirements on the frontage of square frontage. The Commission referred to their original motion of July 24, 1958, in which they agreed to require absolute compliance with all su b division re g ulations if minimum standard housing construction is to be permitted. The Planning and Zoning Commission suggested that Mr. Rose consider the possibility of building a more expensive type of structure with brick veneer construction in light of existing and proposed homes in the area and further suggested that if the more expensive homes were built, perhaps the requested waiver of strict subdivision specifications would be considered. Mr. Rose agreed this was a good suggestion and that he would construct a three bedroom home with full basement, desig ned to sell for about $10,500.00, on all lots in the portion of the subdivision formerly owned by Mr. and Mrs. Arthur Sanger, and that he would construct the same type home on all lots in the portion of the subdivision formerly owned by Mr. and Mrs. R. E. Sunderlin except the four lots facing West Oxford Avenue which would be across from the proposed Seal Test plant. The only possible excep t ions to this agreemen t would be allowed if an F. H . A. prog ram is passed b y Congress allowing the presen t "203-I" F. H. A. Mortgage Program to be increased from $8,000.00 to $9,000.00. In this event the sites on the former Sunderland-owned portion of the subdivision might be used for construction of brick veneer homes without basements, designed to sell for approximately $9,300.00. In any event, all housing to be constructed in the subdivision, with the exception of t he four to be located on West Oxford, as mentioned above, will be of brick veneer construction. Hill moved: Kelley seconded: That the preliminary desi g n of Rose Meadows Subdivision, as modified , be accepted , and that a letter of agreement on the type of brick veneer housing be drawn by the Planning Of f ice and signed by the developer, and that a certificate of escrow from F. H. A. be secured to satisfy street improvement requirements. Ayes: Braun, Hill, Jones, Kelley, Lacy, Rudd Nays: None Absent: Romans There being no further business to come before the City Planning and Zoning Commission , the meeting was adjourned at 11:5 5 P. M. John D. Curtice Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. Date: Subject: Recommendation : August 7, 1958 Snowbarger Subdivision That the final plan of the Snowbarger Subdivision be approved, subject to the receipt and approval by the City Attorney , of a perpetual well easement and that all provisions of the subdivision regulations, including street improvements be enforced. Respectfully submitted , By order of the City Planning and Zoning Commission, John D. Curtice Recording Secretary Page 310 MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. Date: Subject: Recommendation: August 7, 1958 Oxford Heights, Second Filing, Subdivision That the final plan of Oxford Heights, Second Filing, be approved, subject to the presentation of evidence of a full 16 foot utility easement along both the west and the north sides of the subdivision and that the street improvement requirement be satisfied by a certificate of escrow from the F. H. A. Respectfuly submitted, By order of the City Planning and Zoning Commission , John D. Curtice Recording SeGretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY PLANNING AND ZONING COMMISSION MEETING August 20, 1958 The meeting was called to order by Chairman Jones at 8:15 P. M. Members Present: Hill, Jones, Lacy, Romans Members Absent: Braun, Kelley, Rudd I. C. R. P. C. Report Mr. Stuart Eurman, Director of I. C. R. P. C. and Mr. Bob Werner , I. C. R. P. C. Planner, were in attendance and discussed adoption of the recently completed regional park plan with the Planning and Zonin g Commission. They urged the Commission to consider recommending formal adoption of the final plan to the City Council as a first step to creating an awareness of the need for regional parks and to urge some type of regional or district park authority. Commissioner members brought up the matter of the Fort Logan area possibly fitting into the regional park needs. It was agreed that the Fort Logan area certainly should be reserved as recreational area, but that it would not be a regional "native" park as is the main aim of the I.C.R.P.C. park plan. Mr. Eurman stated that the I. C. R. P. C. would be most happy to offer any additional support in the form of resolutions or letters urging that the Fort Logan area be devote d to recreational needs. Mr. Lacy said that he would be prepare d to discuss the subject, in detail, at the next I. C. R. P. C. meeting on September 16, 1958. City Council City Master Plan Aid Heaing No. 16-58-E April 24, 1958 May 22, 1958 June 5, 1958 June 19 , 1958 July 24 , 1958 The following letter was received and read: Mr. Lee Jones, Chairman Mr. Joe Lacy, Director Members of Planning Commission City of Englewood 3345 So. Bannock Englewood, Colorado Dear Sirs: ENGLEW OOD RECREATI ON COUNCIL July 25 , 1958 It has been brought to our attention that the City is contracting for a Master Plan of our community and we would like to submit a request to the commission to include in the table of contents of the Master Plan, not only the usual list of proposed physical "plant" facilities for Parks & Recreation but a detailed survey on the needs of the community for certain programs and activities. We feel that an adequate and conclusive survey in Parks and Recreation cannot be made without first a "need survey" and they a proposed likt of physical "plant" facilities and area to b e drawn up to meet these needs. EPR/nk" Sincerely yours, /S / Bill Beier, President /S / Ernest P. Romans, Director Englewood Recreation Council I I I