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Home My WebLink About1961-06-22 PZC MINUTESI I Page 5611 sound planning principles, because the logical result of such an approach to zoning would be to make zoning a fixed and static thing, arbitrary or unreasonable in a changing economy and society, which always brings increasing complexities which alter the "most appropriate uses" of land. 7. The C-3 provisions of Englewood's zoning ordinance have reqti.rements and restrictions which will be safeguards to provide esthetic and functional protection for the properties immediately ajdacent to and nearby the subject land areas. These restrictions and con- trols are reasonably calculated to minimize damaging effects, if any, which would, in the absence thereof, result to such adjacent and nearby pro_rErties. The Commission recognizes that esthetic consideration enters into tue matter of its study as an auxiliary consideration, but deems it eviaent that with appropriate controls as to new construction and use of open areas, the subject land can be rendered more compatible with the residential areas which partially adjoin its boundaries than the subject land is n~, with its present buildings and the steel radio transmitter towers. Respectfully submitted, By Order of the City Planning and Zoning Commission Dorothy J. Romans Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION . DATE: . May 25, 1961 SUBJECT: Emergency Clause on the T-Zone Ordinance: RECOMMENDATION: That the Commission :recommend to Council t that they consider the possibility of adding an emergency clause to the T-Zone Ordinance in order that persons wishing to apply for the T-Zone could do so in June. Respectfully submitted, By Order of the City Planning and Zoning Commission. Dorothy J. Romans Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * *·* * *• * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Minutes of June 22, 1961 The meeting was called to order at 8:15 P. M. Mr. Rice presiding. Members present:. Sam Hill, Art Martin, Maurice Pershing ; Tymer Rice David Munns, Ex-officio Members absent: Ro b ert Kelley, Stan Miles I. Kent School Annexation and Zoning Case No. ll-61A May 4, 1961 Mr, Rice stated . the purpose of the hearing was to consider the applicatioR for · simultaneous annexation and C-1 zoning of the area c0mmonly known as the Kent School Land, the· legal description thereof being as follows: The SE 1 /4 SE 1 /4 of Section 35, Township 4 South Range 68 West of the 6th Principal Meridan, Arapahoe County, Colorado, except the north 430 feet thereof; subject to and excepting the following: (1) The east 40 feet thereof, as right-of-way for State Highway No. 177, which is South University Boulevard. (2) The south 30 feet thereof, as right-of-way for State Highway No. 70, which is East Hampden Avenue. (3) A tract thereof containing 78,742.0 square feet, more or less, conveyed to the Department of Highways, State ofColorado, as right-of-way for State Highway No. 70 by Warranty Deed date October 9, 1959, and recorded in Book 1159 at Page 590, Arapahoe County Records, and described as follows: Beginning at a point on. the S. property line which is N. 89 °53'30" W. a distance o f 40.0 feet and N. 0 °06'30" E. a distance of 30.0 feet from the SE corner of said Sec. 35, T. 4 S., R. 68 w.; 1. Thence No. 89~53'30" W. along the S. property line a distance of 1266.5 feet to the W. property line; 2. Thence N. 0 °06'30" E. along the W. property line a distance of 60.0 feet; 3. Thence s. 89 °53'30" E. a distance of 286.0 feet; 4. Thence N. 0 °06'30" E. a distance of 5 .• 0 feet; 5. Thence S. 89 °53'30" E. a distance of 500.0 feet; 6. Thence S. 87 °02' E. a distance of 100.1 feet; 7. Thence S. 89 °53'30" E. a distance of 380.5 feet to the E. property line; 8. Thence S. 0 °06'30" W. along the E. property line a distance of 60.0 feet, more or less, to the point of beginning. Page 568 Martin moved: Hill seconded: That the hearing be opened. Hill, aye; Martin, aye; Pershing, aye; Rice, aye. The motion carried. Mr. Dunne, Headmaster o f Kent School, gave a ~rief history of Kent School since its founding in 1922 until the present time when it is a ''nationally recognized educational institut ·on · with students enrolled from all over the country." Mr. Kenneth D. Hubbard, Attorney, 500 Equitable Building, Denver, Colorado, stated that in his opinion, C-1 zone district is the highest classification in the Englewood Zoning Ordinance that is applicable to -the Kent School Land. Article I., Section 5, Subsection 24 of the Zo n ing Ordinance defines Educational Institutions: "Publi c schools administered by legal organize d school districts, schools administered by church or religious organizations, schools administered by the State and non-profit school~ colleges or universities operated under charter or license from the State o f Color ad o, including accessory building and uses." Mr. Hubbard stated that Kent School is a non-profit institution but it is not operated under a charter from, or licensed by, the State of Colorado; therefore, it would be permitted to expand only in a C-1 zone district as a private school. Frank Morrison, Attorney, 500 Equitable Building, Denver, Colorado, stated tlnt Kent School had been built in 1945 and that the building had been expanded in 1950, '51, '52, '53, '56 , '57, and 1958. The replacement value of the buildings would be $450,000. Mr. Morison stated that he had advised the Kent School Board of Trustees that they should annex to the City i n a zone classification in which the school would be a use by right--not a conditional use. Mr. Morison stated that he realized property owners in the area were concerned about the many uses allowed in the C-1 zone classification should the site be sold; however, the Board of Trustees has no intention of selling all or any part of the Kent School Land should it be zoned C-1. The present site is located in the center of the school enrollment area and is accessible to public transportation; therefor~, to move the site to another location would not be satisfactory. No portion of the site could be sold because the school land area is only 25 acres, 1 acre more than the minimum area aequired for a public school site in standards set by the U. S. Department of Health, Eaucation, and Welfare. Mr. Morison stated that the Board of Directors of School District #5 had viewed the school buildings and had felt they would be unsatisfactory for public school use; however, Mr. Morison indicated School District #5 needed a school site in the area, and he felt there might be a possibility the School District would try to acquire a portion o f the land for an elementary school site. He further stated that he understood University Avenue is to be widened and land might be taken for this purpose. Mr. Morison stated that the C-1 zone classification would enhance the value of the land; also he felt the school would serve as a buffer between any possible shopping center develop- ment on the West and the residential area. Mr. Morison pointed out that the requirements in Paragraph 5, Section 10, Article IV of the Zoning Ordinance would not allow any building to be constructed too close to the property li n e. Mr. Hugh Catherwood, President of the Board of Trustees of Kent School, stated thatupon annexation o f the KLZ site to the City of Englewood, the Kent School site would become an island in the County,and they would prefer to be a part of the City. The Board o f Trustees had applied for the zone classification their lawyers had recommended. He stated further that the trustees were interested in the value or the lald in the event . i t should be condemned either by the Highway Department or the School District, and they would be f orced to move to another location. Mr. Rice asked for statements from any opponents to the proposal. Harold Fed er, 3271 South Gilpin, filed a copy of a petition signed by adjoining pro'perty owners protesting the COl zoning of the Kent School site and a copy of a letter from the Board of Education of School District #5 ·to the Board of Trustees of Kent School assuring the Trustees that as long as the subject site is used for educational purposes the Cherry Creek School Board did not intend to condemn any part or all of the land. Mr. Fedder urged the Commission to disapprove the zoning phase of the request. John Welles, 3602 South Gilpin, asked that the following letter be entered in the record of the meeting. Mr. Welles stated he felt the petitioners were interested only in increasing the value of the land in order to forestall condemnation or to sell at a higher price in the event the land immediately to the West might be developed as a shopping center. Martin Deuth, 2201 East Floyd Avenue, stated that he felt Commercial zoning of the Kent School site would be inconsistent, incompatible and unwarranted. E. J. Neilson, 2100 East Eastman, stated he objects to the C-1 zone classification on the subject property. He feels the school could continue to develop and ~xpand under the present zoning. William ·rban, 2100 East Floyd, opposed the C-1 zone classification. Richard Catron asked to be on record as opposing the z one classification. Martin moved: Pershing seconded: That the hearing be closed. · Hill, aye; Martin, aye; Pershing, aye; Rice, aye. Motion carried. I I I I I I Page 569 Discussion f ollowed. Martin moved: Pershing seconded: That the request for simultaneous annexation and C-1 zone classification of the Kent School land be denied. Hill, aye; Martin, aye; Pershing, aye; Rice, aye. Moti on carried. Mr. Rice invited the proponents to work with the Planning Commission and Staff to see whether or not the zoning ordinance could be amended to make it possible for them to apply for a more compatible zone classification. II. M-3 Rezoning Hearing Hill moved: Martin seconded: That the hearing be opened. Hill, aye; Martin, aye; Pershing, aye; Rice, aye. Motion carried. Mr. Rice stated that the Planning Commission and the Staff feel the M-3 Ordinance needs to be refined and that the hearing was being held primarily to get the ideas of the persons attending the hearing. Mr. Rice explained that auto wrecking yards that were being operated when the area came into the City could not be forced to abandon that use, and that the restrictions proposed in the M-3 Ordinance were an attempt to make ' the yards less offensive. The Planning Director outlined the 30 acre area on a map and showed slides of the area. Mr. Rice called for discussion from the audience. Mr. George A. Johnston, 2401 South Pecos, stated that he did not feel the rezoning was the solution to the problem and that the M-3 Ordinance as it is now written would make it im- possible for the property owners to sell their land for other industrial uses. Mr. Johnston also pointed out the smoke problem caused by burning in the auto wrekcing yards. He stated that he did not feel the tax base could be maintained or increased if auto wrecking or junk yards are allowed to continue to enlarge ·without proper restricti ons. It was also pointed out that many property owners were hesitant to form a sewer district until they knew the outcome o f the M-3 zoning district, should it be created. Other points brought out in the discussion were: 1. 2. 3. 4. 5. 6. 7. Auto wrecking yards are permitted too close t o the school. Property owners in Northwest Englewood would like the area to be an asset to the com- munity but they feel the auto wrecking yards are depreciating the value o f the entire area. It is probable that some dealers are paying their share o f the taxes. When Scenic View was annexed to Englewood there were two (2) a u t o wrecking yards, now there are twelve (12). There is need f or better enforcement bn the part of the City officers) of the ordinance restricting offensive burning. Several of the auto wrecking yards donot have water s hould there be a fire. The junk yards are a health hazard, (rats around privies). A letter from Maxine Stanl ey, Secretary o f the Northwest Englewood Improvement Association, was read opposing the rezoning. A petition opposing the rezoning signed by 28 residents of Scenic View was acknowledged. Mr. Theodore Kohler, 1832 West Wesley, of Kohler Auto Parts, pointed out that he and other auto wrecking dealers had widened the street and that he would like to work with the City in improving the area. Several auto wrecking dealers stated they had a permit from the City to burn. They also asked where they could operate their business if they are forced to move. Martin moved: Hill seconded: That the hearing be closed. Hill, aye; Martin, aye; Pershing, aye; Rice, aye. Motion carried. Discussion followed. Martin moved: Pershing seconded: That the application f or rezoning be denied. Hill, aye; Martin, aye; Pershing, aye; Rice, aye; Motion carried. Martin moved: Pershing seconded: That the minutes of May 25th be approved as submitted. Motion carried. Meeting adjourned at 11:00 P. M. David F. Munns Respectfully submitted, Dorothy J. Romans Recording Secretary Page 570 MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE: June 22, 1961 SUBJECT: Denial of Simultaneous Annexation and Zoning RECOMMENDATION: That the request for simultaneous annexation and C-1 zone classification of the Kent School Land be denied. Respectfully submitted, By order of the City Planning and Zoning Commission. Dorothy J. Romans Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION .QR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE: June 22, 1961 SUBJECT: Denial of M-3 Rezoning RECOMMENDATION: That the application for reconing be denied. Respectfully submitted, By order of the City Planning and Zoning Commission. Dorothy J. Romans Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Minutes of June 29, 1961 The meeting was called to order at 8:00 P. M. Members present: Kelley, Hill, Miles, Rice Munns, Ex-officio Members absent: Martin, Pershing I. PARALLEL PARKING SAM LOVE Mr. Kelley presiding •. The Director presented a plan for a parallel parking lane requested by Mr. Sam Love at 2000 West Union. The plan is to be presented to the Board of Adjustment and requires no action by the Commission; however, the Commission members could see no problem with the plan as presented. II. MOBILE HOME PARK Mr. Rob Roy's proposed Mobile Home Park Development was discussed. Because there is no provision for Mobile Home Parks in the Englewood Zoning Ordinance, the discussion was academic and no action was taken. Commission members · felt there should be further consideration of the Mobile Home Park Ordinance when the revision of the zoning ordinance is under-taken. III. M-3 The following points were discussed in connection with the M-3 Ordinance, particularly as it applies to the Northwest Englewood area. 1. The biggest offender is smoke. 2. The next biggest offender --appearance. 3. An auto wrecking and Junk yard ordinance ought to control all such yards, regardless of their location. 4. Back-yard junk yards must be controlled and /or prevented. 5. The M-3 "permitted uses" are too few. 6. "Commercial Incinerators" need to be defined. 7. The "Supplemental regulations in M-2" is in error. 8. There should be a reasonable time limit after passage for compliance with the ordinance. 9. There is now no water for consumption or fire fighting. 10. There is no sewage in the area and rats exist around privies creating a health problem. 11. The B & 0 Tax should be levied against all of the auto wrecking and storage dealers. 12. 20 ft. solid gates should probably be required. 13. 1 sign of identification is necessary either on fence, wall, gate or pylon., 14. There should be no stacking of automobiles allowed. 15. Records should be made available upon request to the proper authorities. 16. How many cars make a wrecking yard? Three or more not carrying a current license plate. 17. "Scrap" or "junk" needs to be defined. ~ -- -- - ------ -- I I I