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HomeMy WebLinkAbout1959-11-19 PZC MINUTESPage 438 Recommendation: That the final plan of the Colman Subdivision be approved subject to the prior approval by the City Engineer and the Planning Office as to engineering details, and in accordance with the Subdivision Regulations. Respectfully submitted, By order of the City Planning and Zoning Commission Jewell M. Banfield Recordin g Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY PLANNING AND ZONING COMMISSION NOVEMBER 19 , 1959 The meeting was called to order by Chairman Jones at 7:40 P. M. Members Present: Braun, Hill, Jones, Kelley, Romans, Schmitt , Lacy, Ex-officio Members Absent: None Richard Simon, Atty. for Martha C. Coffey and Charles G. & Hulda Hagle 3311 S. Broadway Rezoning Southwest Corner of Hwy. #7 0 & S. Clarkson. Hearing No. 34-59C October 8, 1959 October 22, 1959 November 5, 1959 Mr. Simon was present at the request of the Planning Commission to discuss rezoning of the subject area in more detail. In summarizing his presentation at the hearing on November 5th, Mr. Simon stated that he felt the City had already deviated from a comprehensive zoning plan when commercial zoning was allowed on both sides o f Highway 70 west of South Lo gan Street. He pointed to Littleton Broadway as an example of a street he considered identical with Highway 70 and stated that commercial zoning had been initially opposed along this area but had since been granted with what seemed to him to be fine results. He stated that his client, Mrs. Coffey, was a victim o f circumstance since the highway had rendered the subject area waste land as it is now zoned and that commercial zoning is the most practical and "highest and best use" under the new circumstances. Mrs. Romans said she felt that any rezoning move should be deferred until current highway construction east and west of Englewood was completed and the resultant traffic patterns became clear. Mr. Hill said he was concerned that Highway 70 was becoming a speedway but that commercial zoning with the resulting additional vehicles using existing and future curb cuts would tend to slow down this traffic. Mr. Braun stated that since the highway is not a limited highway as such that traffic entering and leaving the highway at the many street and alley intersections already so as much as additional commercial curb cuts would do to minimize speeding on the highway. Mr. Jones said that the problem in this case seems to be one of determining the best use o f the subject land under the present circumstances. He reminded the Commission that it is the recurring problem of private interests versus public interest and thatprivate interests have many ways of safeguarding themselves while the public interest is in charge of the Planning Commission only. He said that the matter must be considered in light of the Zoning Ordinance and the overall City development. The fact thatone mistake may have been made by allowing a service station at Highway 70 and Logan in exchange for right-of-way five years ago does not justify another mistake of a more serious nature. He questioned whether the overall area between Clarkson and Logan and Highway 70 and Little Dry Creek was large enough for an overall commercial development. He suggested that possibly the best use would be for multiple family units which had been the proposal of Harmon, O'Donnell & Henninger, planning consultants, who made a study of the area in 1957 with the conclusion that multiple-family units would be the most practical use. Mr. Jones further noted that a commercial zone would be a complete change and not a start of a gradual transition in the subject area. He stated that such commercial zoning would tend to pull new commercial development to the strip along the highway and draw business away from the commercial center of the City much in the same way that the Woodlawn Shopping Center changed the commercial habits of buyers in Littleton. He also stated that if any Commission member doubted that grant ing of this request would start such a movement, they should think of what possible reason they would have to deny the next applicant who asked for commercial zoning along Highway 70. The Planning Director commented on the term "highest and best use", noting that it is o ften misused and that the true meaning is the "highest value use that is best for the overall development o f the community." He noted that Littleton Boulevard is--a-very different thoroughfare from Highway 70 in that Highway 70 is a major inner l:Elt of the metropolitan area designed to carry high volumes of circulator traffic of a metropolitan nature while Little t on Boulevard in effect ends in the heart of the old Littleton business district and at Englewood Broadway, making it a local east-west through street. I I I I I I Page 439 He noted that the safe movement of traffic and controlled speed is far more effectively handled by proper speed restrictions, enforcement and traffic signals. He stated that current plans call for future signals on Highway 70 at Elati Street, Sherman Street, and Clarkson Street which would complete a network of speed control units through the Englewood area. He noted that it has been alleged that the property owners are suffering a loss in property value if the requested zoning is not granted. He reminded the Planning Commission that the subject area is worth approximately $3,000 as now zoned for single-family residential use and that the current metropolitan area price for choice service stat~on sites is as high as $18,000.00. He submitted that the owner is not in fact losing money but possibly is not making the "kill" that would be possible if the rezoning were granted. In commenting upon factors presented at the hearing, the Planning Director noted that Mrs. Coffey's property paid approximately $55.00 in taxes during 1959. He noted that the new service station at South Logan and Highway 70 paid a total of $556.00 in taxes. The accidents which have occurred in the first ten months of 1959 at Highway 70 and Logan have cost over $1300.00 in vehicle damage alone. The cost of treating injuries involved in seven of the nineteen accidents, legal fees and possible court judgments are not in- cluded in this $1300.00 amount. He submitted that the dollar losses through the accidents generated when a commercial use is allowed at a major intersection certainly do not seem to be justified because of the in- creased amount of taxes which the newly developed commercial property would pay. He noted that during 1959 there have been only three accidents at Highway 70 and South Clarkson Street, the propos ed site of a service station, with a total dollar Ioss in vehicle damage of $170.00. The Director stated that the impact on the rest of the area south of the subject area to Dry Creek would be veryserbus. He noted that only if the whole region could be developed as a homogenous multiple-family use could it reach its most practical development. If the strip along Highway 70 were zoned commercial such homogenous multiple-fami.ly development would be greatly jeopardized. He presented a drawing prepared in 1957 by Harmon, O'Donnell & Henninger showing a proposed layout for a complete development of multiple-family dwellings including the subject area. The Planning Director stated that he wished to summarize the Pl a nning Commission's discussion in relation to each of the four reasons given by the applicant for the requested rezoning: Reason No. 1. Summary-- 1. 2. 3. Reason No. 2. Summary-- 1. 2. 3. Reason No. 3. Summary-- 1. 2. That the general conditions of the area within which the above described land is situated have changed sin ce the Zoning Ordinance of the City of Englewood was adopted No v ember 7, 1955, justifying a change in the zoning classification from "R-1-D Residence District" and R-2-A Residence District to C-2 Commercial District. .No change has occurred which was not anticipated in the original zoning proposal and restudied in 1957 and 1958. Both subsequent studies have cautioned against overzoning commercial areas within the City and have called for homogenous development of the subject area rather than any piecemeal zoning break. The applicant's presentation has considered strips along Highway 70 from Broadway to Clarkson, alleging that since the downtown commercial area touches Highway 70 at the western end of the strip that this is justification for a spot zone at the eastern end of an area which is entirely surrounded by residential usage. Such an allegation is abs olutely contrary to basic zoning precepts. That the public necessity, convenience, general welfare and good zoning practice justifies and requires such change of zoning classification. That public necessity and convenience certainly is being served for service station needs around the subject area since there are ten service stations within one-half mile of the subject area, one of them only 600 feet away. The general welfare of the community can hardly be considered as served in light of the sharp accident increase at Highway 70 and South Logan Street since a commercial use has been introduced in that .area. Land values of presently zoned but undeveloped commercial area would be seriously hurt by the overzoning which would result from the granting of the request and its breakdown of precedent in sound zoning practice. Good zoning practice cannot in any way be served by the granting of a spot zone initially which in fact starts a strip zone and seriously jeopardizes any homogenous development plan for the surrounding area. That such chang e of zoning classification will encourage the most appropriate use 0£ the subject land. The "most appropriate use" from the owners' point of view would be the only result of the requested zoning since the land could jump in value as much as $15,000.00 under current service station policies. However, the most appropriate use for the area would certainly be jeopardized because of the adverse effect on the surrounding property of a commercial spot zone. Nowhere else along Highway 70 from South Logan Street to Aurora does a commercial spot or strip zone exist except at one previously planned and homogenously developed commercial center just west of the Valley Hi g hway at the Happy Canyon Road. The residential land use along this highway definitely indicates that such a use is compatible with the highway at present and in the future. Page 440 Reason No. 4. Summary-- 1. That said change of zoning classification will not alter the essential character of the District in which the property is located nor will such change substantially or permanently injure the appropriate use of ad- jacent property. The subject area is the corner of a region definitely contained by the highway, Little Dry Creek, South Clarkson Street and South Logan Street. Any deviation of zoning within this area which would introduce a major break such as from a residential to a commercial zone would be fatal to the future sound development of the whole area. Mr. Hill stated that since most of the Highway 70 traffic was through traffic, he felt there was no responsibility on the part of the City to facilitate such traffic, particularly if it meant encouraging high speed. The Planning Director pointed out that the value to Englewood in facilitating this through traffic movement is to be sure it does not conflict with Englewood's consumer traffic in such a way as to make in inconvenient for Englewood consumers to shop within the City. For this reason the Englewood business community has a vital stake in being sure that through traffic completes its trip through Englewood as quickly and easily as possible. Mr. Simon, Mr. Jones, and Mr. Braun discussed the location of the commercial zoning along Highway 70 west of Logan. Mr. Jones and Mr. Braun pointed out that such zoning is the southern edge and is an integral part of the downtown Englewood center. Mr. Simon contended that the subject area is no farther away to the east than the center of Englewood's shopping area is to the north of the commercial zoning along Highway 70 at Little Dry Creek. Mr. Braun and Mr. Jones argues that although this was true, the land use in each direction was absolutely different being commercial north from Little Dry Creek into the original downtown shopping center and being residential east of this location to the proposed zoning area. Mr. Kelley commented that in his opinion the Planning Commission should not consider the effects of a highway and its traffic in its planning and zoning activities. He said that these considerations should be cared for by the State Highway Department and that if such a problem of highway safety existed that it should be controlled by purchase of additional right-of-way to limit access. He continued to say that zoning which proposes to deny use of abutting property by which it would create or generate highway hazards was in effect a form of condemnation and should therefore be accomplished through condemnation with the City or highway buying the land rather than denying the use of it through zoning. The Planning Director stated that the role of planning and zoning in regard to highways was clearly exemplified at the 1959 ASPO Planning Conference in Minneapolis. One of the papers presented at this conference during the section titled "Learning to Live with Central Highways" had this to say: "Regardless of how well the highway is planned, designed, and built, it is doomed to fail its ultimate objective if local planning authorities do not wisely exercise their authority and responsibility to control adjacent land use. Every point of access to the expressway system is a point of potential trouble if it is allowed to develop into a maze or haphazard, competing roadside activities. Thus the responsibility for obtaining and maintaining an efficient highway transportation system for our urban areas rests with both professional groups: engineers and planners." (D. Grant Mickle, Traffic Engineer, Automotive Safety Foundation, Washington). Mrs. Romans then cited State Statute on planning commissions and read from the planning statute of the State of Colorado, Chapter 139, Article 59, as to the general powers and duties of the planning commission to illustrate that the Planning Commission is bound by law to consider the safety of the community as affected by a major highway and abutting land use. She read Section 139-59-6 in full. Braun moved: Romans seconded: That the Planning and Zoning Commission recommend to City Council that the request be denied inasmuch as the area requested for rezoning is less in area than Council's policy for rezoning which wou1d in effect be spot zoning and would not be in the realm of good zoning practice for the best interest of safety and welfare of the community. Ayes: Braun, Jones, Romans, Schmitt Nays: Hill Abstaining: Kelley Absent: None (Mr. Kelley abstained since he is a member of Mr. Simon's staff.) In discussion which followed, Planning Commission members agreed that a realistic plan should be developed for the subject area in order that _ property ownBrs could realize full development of their property commensurate with extenuating facto in the area as well as comprehensive development in the City. Mr. Hill mentioned that this plan should be undertaken as soon as possible in order that private development would not be delayed unnecessarily in this or any other area of the City. Hill moved: Romans seconded: That the Planning and Zoning Commission recommend to Council that a thorough study of the area bounded by Highway 70, South Clarkson Street, Little Dry Creek and South Logan Street be undertaken as soon as practical and that if additional funds are required that such funds be made available. Ayes: Braun, Hill, Jones, Kelley, Romans, Schmitt Nays: None Absent: None I I I .1 I I James Jordan Apartment Zoning Study Area North of Swedish Sanitarium Along South Clarkson Street, S. Washington St. & S. Pennsylvania St. Page 441 Hearing No. 37-59A November 5, 1959 The Planning Director presented copies of the "East Hampden Rezoning Study" and copies o f Planning Commission minutes of July 2, 1959; June 4, 1959; July 10, 1958; June 19, 1958; June 5 , 1958; February 28, 1957; and January 30, 1957 which concerned rezoning hearings for multiple-family zoning within a radius of approximately one-half mile from the Swedish Sanitarium as requested by Planning Commission on November 5 . He stated that these records would be helpful in evaluating the Planning Commission's policy by its previous actions on requests for multiple-family zoning. He stated, however, that the type of study needed is a far deeper look into newer types o f high-density housing and their impact on adjacent land use and land economy in the area . He suggested that the area south of Highway 70 between Clarkson and Logan also should be considered in this same study which may lead to a comprehensive revamping of zoning require- ments for high-density residential areas. He presented a five-page letter from the Research Division of Planning Advisory Service and other data supplied by PAS on this subject. He noted that this basic data would f orm the basis for considering high-density zoning needs within the City but that the final recommendations wo uld require the assistance of land economy consultants before the Planning Commission could reach a realistic decision. It was agreed that the Planning Director should prepare a planning work program for 1960 to determine if presently budgeted funds are available for such a study before further action is taken. Charles F. Johnson 3149 S. Broadway Annexation Tentative Zoning Study for Area South of Belleview and west of S. Broadway Hearing No. 11-591 March 19, 1959 . May 7, 1959 June 4, 1959 July 9, 1959 September 10, 1959 September 24, 1959 October 8, 1959 October 22, ·1959 November 5, 1959 The Planning Director reported on his meeting with the Littleton Planning Commission on November 9th. He presented copies of the minutes of the Littleton meeting: "6. CITY OF ENGLEWOOD. Mr. Joe Lacy, Planning Director for the City of Englewood, appeared stating that he desired to submit information in connection with a growth plan, that this information was considered important for planning purposes to Englewood and Littleton. Mr. Lacy demonstrated by chart with overlay the zoning problem in the Belleview-Broadway area. He explained the Englewood planning group's thinking as it pertained to this area should it annex to the City of Englewood. He stated that he would like an expression from the Littleton Planning Commission, that he had previously presented this problem to the Inter-Regional County Planning Commission and the Arapahoe County Planning Commission. The chairman pointed out that althouth this property was not within the boundaries of the City of Littleton, it would be the recommendation of this planning group that the area west of Acoma as extended and west on the south side of Belleview be zoned for single family units rather than the proposed commercial zoning." The Planning Director reminded the Commission members that the Council had referred this matter to the Commission for recommendation before acting on a request for annexation of the subject area. In discussion that follow.ed, Commissi o n members agreed that since a thorough land use and zoning study had been given the area by the City planning staff and that this study and recommendation had been evaluated by the County Planning Commission, the ICRPC Referral Board, and the Littleton Planning Commission, certainly all consideration due the matter had been given to it. It was noted that both the ICRPC and the · Littleton Planning Commission agreed with the City's proposed zoning of the area and that the County Planning Commission made no comment because of its policy not to interfere in such matters unless officially requested for County re- zoning. Romans moved: Schmitt seconded: That the Planning and Zoning Commission recommend to City Council that if the subject area is annexed to the City of Englewood that it be zoned for residential use in accordance with the comprehensive zoning plan as prepared for the entire region south of the City. Ayes: Braun, Hill, Jones, Kelley, RomaIE, Schmitt Nays: None Absent: None Planning Commission City - - - -\-. . -~ - -- -- -- Master Plan No. 3 Public Buildings· 'I Hearing No ~ 36-59B October 22, 1959 November 5, 1959 The Planning Director reported that he had met with the Library Board on November 10th and presented Planning Commission's previous consideration of the location of a library site and those of the school administration as well as library location considerations in two Denver University studies on the subject. He stated that the Library Board agreed unanimously that the new library location should be just north and west of the present City Hall in the City Park . Page 442 He presented a master plan basic study titled "Selection of a Library Location" as a part of Master Plan Section No. 3 Public Buildings. The study is a compilation of all information produced to date as a result of meetings and conferences on the subject of a library location. He reminded the Planning Commission that this question must be resolved before other master plan phases such as park development, traffic circulation, master street plan and downtown development could proceed. The Planning Director reported that he had written to the School Board suggesting a Novembff 30th dinner meeting as instructed. Mrs. Romans stated that the Board had agreed to such a meeting but that the City had not been notified because of a misunderstanding on the part of the School Board secretary. She stated that the School Board has scheduled a meeting with the Planning Commission for 7:30 P. M. inthe City Council Chamber on the evening of Monday, November 30 to discuss the possible use of Flood Junior High School as a civic center versus locating the library and civic center in the City Park. Mrs. Romans also stated that the School Board would like to discuss the coming move to con- solidate school districts west of Englewood. He stated that the City's stand would be very important to the School Board as they instructed Mr. Walt Jorgensen as to their wishes in school district re-organization. It was agreed that the Planning Director should contact the School Superintendent to secure a study on ultimate school consolidation moves and their present and future financial impact on the community. ICRPC The Planning Director reported on the regular meeting of ICRPC held November 17, stating that the business was routane with one exception. He stated that a proposal by the Joint Sanitation Commission for a metropolitan sewage treatment district would require state ::legislation. Under the new proposal, small sewer districts could cooperate in providing secondary sewage treatment £acilities jointly at a great savings to the taxpayers in the small districts. Estimates indicated that treatment facility construction and operating costs .could be cut by more than $30,000,000.00 within the next twenty years under this plan. The City of Englewood and the southern portion of the metropolitan area is not initially affected in any way by the crisis and proposed plan along Clear Creek and the Denver sewage system. Denver and the districts with plants on Clear Creek and Sand Creek would cooperate in building secondary treatment facilities on the South Platte River at its confluence with Clear and Sand Creeks. All of the districts have indicated willingness to join this movement since none of the districts would be disbanded now or in the future unless by their own action. Likewise, none of them would be forced to join the new "super districts" unless their board of directors wished to do so. Since the plan does require state legislation, the Joint Sanitation Commission is asking that the Governor place such legislation on his call for the coming "short" session in 1960. The Governor is reluctant to do so unless he has indications that this is an over- whelming movement at least on behalf of the metropolitan area and preferably state wide. The Joint Sanitation Commission has asked ICRPC to have as many members as possible endorse the sewage treatment plan as outlined in the attached newsletter (Vol. 1, No. 7) and send written notice of such endorsement to the Governor's office as soon as possible. After brief discussion it was agreed that such a move is the most practical solution to a serious health problem in the metropolitan area. Braun moved: Kelley seconded: That the Planning and Zoning Commission recommend to City Council that the City endorse the Joint Sanitation Commission plan for metrop9litan sewage treatment districts and that the Governor be notified of such action as soon as possibJe. Ayes: Braun, Jones, Hill, Kelley, Romans, Schmitt Nays: None Absent: None Braun moved: Romans seconded: December Planning Commission Meetings That the Planning Commission meeting dates for December be changed to December 3rd and December 17th to avoid a Planning Commission meeting on Christmas Eve. Ayes: Braun, Hill, Jones, Kelley, Romans, Schmitt Nays: None Absent: None Quit-Claim Deed for Huron & Quincy The Planning Director presented a uit-claim deed referred from the Manager's Office which proposed to dedicate 30 feet of street right-of-way on the west side of South Huron Street just north of Quincy. The proposal was made by Mr. Carl Rehn and Mr. Robert Starkloff, 4235 S. Huron St., as a requirement for constructing a single-family residence on this site and assuring that a full width street existed in front of the property. Planning Commission members examined the plan prepared by the City Engineer's Office. I I I I I I Schmitt moved: Kelley seconded: Page 443 That the City Planning and Zoning Commission recommend to City Council that quit-claim deed for street right-of-way 30 feet in depth and 50 ft. in length located in front of 4235 S. Huron Street be accepted as tendered by Mr. Robert Starkloff and Mr. Carl Rehn. Ayes: Braun, Hill, Jones, Kelley, Romans, Schmitt Nays: None Absent: None American Municipal Association The Planning Director called attention of the Commission members to the meeting of the annual conference of the American Municipal Association in Denver from November 28th to December 3rd. He noted that a special session on planning in smaller cities will be held in the Colorado Room of the Shirley-Savoy Hotel on Tuesday, December 1, at 9:30 A. M. It was agreed that the Planning Director should remind all members by telephone of this meeting in case they would be able to attend. Alley Vacation The Planning Director pre s ented a ~e q uest f or an alley vacation referred from the Manager's Office. The alley is located just east of and parallel to South Broadway running 126 f t . south of East Chenango Avenue. He presented a drawing showing the existing zoning of the area and location and size of utility lines. He stated that the alley dead-ends as shown on a tract after running a distance of only 126 feet and that no utility lines exist either underneath or above the alley and that the alley is not used as such at the present time. Commission members examined the aerial photog raph of the area. It was noted that before a f ull commercial use can be made of the entire tract which has been purchased by the Caltrop Corporation and is 312 feet de e p, a zoning change will be needed on the eastern portion probably changing the zoning from RlC to a P zone. Kelley moved: Romans seconded: That the Planning Commission recommend to the City Council that the alley vacation as requested by the Caltrop Corporation be granted. Ayes: Braun, Hill, Jones, Kelley, Romans, Schmitt Nays: None Absent: None There being no further business to come before the Planning & Zoning Commission the meeting was adjourned at 10:35 P. M. Jewell M. Banfield Recording Secretary APPROVED /S / J. M. Lacy MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION Date: Subject: Recommendation : Recommendation: November 19, 1959 Rezoning of Southwest Corner of Highway 70 & S. Clarkson That the request be denied inasmuch as the area requested for rezoning is less in area than Council's policy for rezoning which would in effect be spot zoning and would not be in the realm of good zoning practice for the best interest of safety and welfare of the community. That a thorough study of the area bounded by Highway 70, South Clarkson Street, Little Dry Creek and South Logan Street be undertaken as soon as pra c t ical and that i f additional funds a r e required, such funds be made available. Respectfully submitted, By order of the City Planning and Zoning Commission Jewell M. Ban f ield Recording Secretary - - -- ----- - - ------- - - -- - Page 444 MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY ' ' PLANNING AND ZONING COMMISSION Date: Subject: Recommendation: November 19 ~ 1959 Annexation South of Belleview, West of Broadway That if the subject area is annexed to the City of Englewood, it be zoned for residential use in accordance with the comprehensive zoning plan as prepared for the entire region south of the City. Respectfully submitted, By order of the City Planning and Zoning Commission Jewell M. Banfield Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION Date: Subject: Recommendation: November 19, 1959 Joint Sanitation Commission Plan for Metropolitan Sewage Treatment Districts That the City endorse the Joint Sanitation Commission plan for metropolitan sewage treatment districts and that the Governor be notified of such action as soon as possible. Respectfully submitted, , By order of the City Planning and Zoning Commission Jewell M. Banfield Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION Date: Subject: Recommendation: November 19, 1959 Quit-Claim Deed for Street Right-of-way That the quit-claim deed for street right-of-way 30 feet in depth and 50 feet in length located in front of 4235 South Huron Street be accepted as tendered by Mr. Robert Starkloff and Mr. Carl Rehn. Respectfully submitted, By order of the City Planning and Zoning Commission Jewell M. Banfield Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION Date: Subject: Recommendation: November 19, 1959 Alley Vacation east of Broadway, South of Chenango That the alley vacation as requested by the Caltrop Corporation be granted. Respectfully submitted By order of the City Planning and Zoning Commission Jewell M. Banfield Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I I I