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HomeMy WebLinkAbout1961-05-11 PZC MINUTESI I Page 555 IX. Non-Conforming Uses A proposed change was presented for information only, and after some discussion, it was decided to hold this matter until the meeting of May 25. X. Rezoning West Side of 3100 South Huron The rezoning request was a change fr om R-1 to R-2. The Planning Director pointed out the area on the map. Discussion followed, and it was stated the Commission could not consider rezoning cases until June. XI. Bowes ~eport Market Value Impact of Cinderella City on surrounding areas was presented and briefly discussed. XII. Special Meeting of May 11, 1961 . General discussion on the meeting followed. XIII. Meeting adjourn ed at 12:20 A. M. Respectfully submitted G. Welty for Dorothy Romans Recording Secretary David F. Munns COMMUNICATION TO THE ENGLEWOOD CITY COUN CIL REGARDING ACTION OR RECOMMENDATION OF THE C ITY PLANNING AND ZONING COMMISSION DATE: SUBJECT: COMMUNI CATI ON: May 4, 1961 Area West of Federal Bolilevard ,1 and just South of Sheridan City Limits. After reconsideration, the vote to recommend Annexation of area west of Federal and just south of Sheridan City Limits fuiled to carry due to a tie. Respectfully submitted, G. Welty for Dorothy Romans Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Minutes of May 11, 1961 I . Meeting was called to order at 8:20 P. M. with Chairman Kelley presiding. Members present: Hill, Martin, Miles, Pershing, Rice, Kelley Munns, Ex-officio ·Members Ab sent: None Also Presen t: City Attorney Esch, Dorothy Romans, Susie M. Schneider, Gertrude Welty Mr. Kelley stated that this meeting was a specially called meeting for opponents and pro- ponents to state their views and comments on the KLZ site. He outlined the function of the Commission to the audience, stating that it was their purpose to ·hear zoning and rezoning matters; that their function was advisory only and they had no power to adopt or to change zoning. , He explained that the matter has arisen from the application of the owner of the KLZ Site for annexation to Englewood with C-3 (Shopping Center) zoning, that the hearing was required by Ordinance , and that the matter of annexation was not within their power. Mr. Kelley stated that the recommendation to the City Council from the Planning Commission can be only for or against the zoning classification. The Planning Director then gave a brief summary of the communications received by the Planning Office on the KLZ site and the proposed Cinderella City Shopping Center. They were as f ollows: The Combs Report; Proposed Zoning of KLZ Site by Cherry Hills Planning Commission; Analysis of Proposed KLZ Shopping Center submitted to the Arapahoe County Planning Commission by Cherry Hills v illage; Cinderel la City Preliminary Reply to Cherry Hills report by Von Frellick; Core Area Study by Larry Smith; a Traffic Study by Meurer-Serafini-Meurer; a petition with 6749 signers in support of KLZ throughout Englewood by Von Frellick; Impact of the Proposed KLZ Shopping Center by Crampon ; A Traffic Study dated April 3, 1961 by Meurer-Serafini-Meurer; Market V?lue Impact of Cinderella City by Bowes & Son; a Communica- tion from the Northeast Englewood Citizens Committee indicating their stand on KLZ site to the Arapahoe County Planning Commission dated October 28, 1961; a report fr om ICRPC dated May 9, 1961; fourteen petitions from people in the vicinity of the KLZ site opposin g the Shopping Center, dated May 11, 1961 submitted by the Chairman of the Committee to Preserve Page 556 Zoning Integrity; (two sets of petitions from people in the vicinity of the KLZ site opposing the Shopping Center, dated May 11, 1961 submitted by the Chairman of the Northeast Englewood Citizens Committee). Also there were communications from the Cherry Creek School District wherein Mr . Naugle requested 8 acres of the KLZ site to be zoned R-1-A; an opposition letter to Mayor Kreiling from the Mayor of Cherry Hills; a resolution from the Mayor and trustees of the Cherry Hills Village opposing the proposed Cinderella City. Seventy-seven telephone calls to the office approving the proposed shopping center, and five opposing it; two letters approving, and one against. II. Mr. Kelley then suggested a procedure for the proponents and opponents to follow in presenting their views. He requested that they be brief; give their name and address to Mrs. Schneider; come to the podium to speak and direct all their questions through the ·Chairman. He also stated that those wishing to speak should take front row seats in order to be closer to the podium. Hill moved: Miles seconded: That the hearing be opered. The motion carried unanimously. III. Alex Holland, of 601 Oneida, Denver, stated that he was the attorney for the Developers of Cinderella City, and also one of counsel for the Aladdin Broadcasting Corporation, owner of the land involved. Mr. Holland gave a brief history and outline of the area involved. He stated that the total land area under consideration was 54.978 acres, bounded on the south by Hampden Avenue; on the west by Lafayette Street; on the north by East Floyd Avenue; and on the east by five residence properties in block 10 o f Hampden Hills Subdivision Second Filing, and the 28-acre tract of land owned by Kent School for Girls. He stated that since the early 1930's the KLZ site has been used for "business and commercial purposes" under customary zoning def i nitions as a radio transmitter site. He further stated that the entire site was in use. Mr. Holland also stated that when the site had been first acquired by the Aladdin Broadcasting Corporation, the surrounding area was rural in character. He stated also that it was the opinion of the developers of Cinderella City that if there was any zoning regulation that was applicable at the present time, it was R-A-2 which is 'residential, agricultural'. He stated that this Cherry Hills zoning classification permitted one family dwellings on 20,000 square feet, but permits other uses as well. Among them he listed: agricultural operation, nurseries, private clubs, residential hotels, greenhouses, stables, dairies, and truck gardens, and philanthropic institutions. He discussed at some length the effect Englewood has had on the zoning of Cherry Hills; also the fact that the C-2 zoning on both sides of Hampden extends to Lafayette, and north of Bullock Mortuary an area is devoted to a convalescent home, although the area is not now zoned commercial. He stated that the Aladdin Broadcasting Corporation intends to move their transmitter facilities to an area where it can better perform its function. He further stated that if the present KLZ site is annexed to Englewood, it will be in accord with the sound principles of Planning. It will make the City boundaries uniform along Hampden Avenue, and the land can be best supplied with municipal services by Englewood. Mr. Holland pointed out that the 1 /2 acre, rural-type Cherry Hills District zoning of 1940 cannot any longer be justified. He also gave a list of the substantial changes that have taken place since 1940 . 1. Since the Cherry Hills District Zoning action, all of the areas to the west, to the north, and to the northeast have become "built up", and all have been zoned for more intensive uses, including commercial on the west. 2. Hampden Avenue, which used to be a rural country road, is now a six-lane freeway, carrying increasing volumes of traffic. 3. Kent School for Girls was built on the 28 acre tract adjoining the KLZ site on the east, and it has recently announced plans for enlargement. This private school, although non-profit in character, certainly cannot be classified as a residential use, as is evident to anyone who cares to look objectively at the School. But if there were doubt, the Kent School Trustees themselves, in their recent petition for annexation to the City of Englewood, stated that if their land were zoned R-1-A, the School would immediately be rendered non-conforming. 4. The impact of the enlargement and improvement of Hampden Avenue as a six-lane freeway is reflected in the action of the authorities of Cherry Hills Village, who have zoned 73 acres of land (the Buell land) extending south and east from the southeast corner of the intersection of University Boulevard and Hampden. The Commercial uses p:!rmitted by this Cherry Hills Village ordinance include the construction of a residential and resort hotel with a main building up to 150 feet in height, accessory buildings up to 50 feet in height in the hotel complex, and other accessory buildings up to 30 feet in height. The structures permitted by Cherry Hills Village can cover 10% of the total area, and as recently amended, the ordinance permits retail shops and restaurants, with aggregate floor area up to 15% of the total floor area of the hotel structure. Aladdin Broadcasting Corporation officials carefully studied the materials submitted by the developers, and came to the conclusion that the best use for the 55 acre tract, was the development of a modern regional shopping center; and that this area was the logical and proper place for such a center. Aladdin engaged the market research firm of John W. Combs of New York and Toronto; also Mr. Crampon and Mr. S. F. Schweizer who made a study of the Englewood business conditions. He also stated that such a center in order to be successful, must be located in or adjacent to residential areas that are already developed. Mr. Holland further stated that the center would be control:Ied by the C-3 ordinance; that they consider the ordinance to be sound and proper. He also pointed out that developers would encounter considerable expense in meeting all the requirements of the Ordinance and pro- tecting the surrounding area. I I I I I I Page 557 Mr. Holland closed by urging a recommendation to Council for annexation of the land and for C-3 shopping center zoning. Mr. Von Frellick opened his arguments for Cinderella City by saying that he was delighted at the turn-out, and that he would abide by the will of the majority of the people of Englewood. He s ta ted that he was a promoter, and proud of it. He said that a promoter must anticipate all problem, must have the experience, finances and organization necessary to bring to- g e ther all the many complex parts such as land, engineering, financing and tenants; in fact, e v e ryth ing which is necessary to assure the rERlity of such a project. Mr. Von Frellick stated that three years ago, he was approached by a number of retail merchants to find a site that would be suitable for a regional shopping center. le explained that a 'regional shopping center' consists primarily of department stores and shops who specialize in comparative 'goods' merchandise. He stated that centers such as Woodlawn and University Hills dealt mainly in 'convenience goods'. Mr . Vo n Frellick stated they were prepared to show that Cinderella City would not detract from downtown Englewood development; rather it would accelerate its development. It is his b elie f there is clearly a need for a regional sh o pping center. He stated that Arapahoe County was the largest concentration of people west of the Mississippi that did not have a major department store or a regional shopping center. According to statistics, there was evidence that Englewood and Arapahoe County residents were spending more on shopping in downtown Denver, than the $30,000,000 volume for which Cinderella City was designed. A regional shopping center must consist of a minimum of 40 acres, and serve a minimum of 150 ,000 people within 12 minutes driving time. It must have a total floor area of 4,000,000 sq. ft. Mr. Von Frellick stated that it would probably be at least three years before the shopping center would be completed and ready to open for business. He said that at least 17 goods merchandisers had indicated their willingness to take the risk and sign a long-term lease. Montgomery Ward had signed a lease for 126,000 sq. ft. of space in Cinderella City. A year was spent in checking out all possible alternatives for a regional shopping center, and only two locations were located that will meet the requirements of the center. One was the KLZ site; the other was the ~emple Buell Land. Mr. Von Frellick stated that he initiated the negotiations with Time Inc. after deciding that the KLZ site was the best location for the center. They retained Mr. Combs and his associates to make a market analysis, and Mr. Combs submitted his report to them. Mr. Von Frellick stated that Cinderella City must be wholly consistent with good planning practice if they hope to be annexed and rezoned into Englewood. He said that he welcomed the opportunity to inform as many people as possible of the effects of Cinderella City on the surrounding areas. Aerial photos were presented showing the Cherry Creek Shopping Center, the University Shopping Center , and the traffic routes used to enter the proposed Cinderella City site. In addition, a proposed plot plan of Cinderella City was shown. There were also s ome aerial photos of Highland Park in Dallas, Texas. According to Mr.Von Frellick there are residences valued up to $100,000 immediately adjoining Highland Park, and they have not been injured by that center. A photo of Lennox Square in Atlanta , Georgia, was shown: originally residents had objected to the construction of a shopping center in the midst of such a fine residential section. Mr. Von Frellick read a letter concerning Lennox Square in which it was recommended as a worthwhile addition to their City. Mr. Von Frellick stated that Cinderella City would provide employment for 1500 pe o ple. He also illustrated the screening to protect adjacent property owners from noise, trash , traffic , etc. He stated that 87 downtown Englewood merchants petitioned him asking that Cinderella City be annexed and constructed as a part of Englewood. He further stated that a $250 ,000 performance bond had already been supplied to the City of Englewood, and that their qualified Engineers were there to discuss the drainage problem. He urged favorable consideration by the Planning Commission on their application for simultaneous zoning and a nnexation by the City of Englewood. John W. Combs, President of John Comgs , Associates , New York; and President of John W. Combs Limited , Toronto and London, England, took his stand to state that their firm was engaged in April 1960 by Time, Inc. to examine the KLZ site and the sales potential of the area. He further stated that , at that time , his firm had no association or connection with Von Frellick Associates . He stated that their report was submitted to Time, Incorporated. Mr . Combs stated that his firm was not of the opinion that Englewood would affect the KLZ sales potential, though it was considered as a competitive factor when the study was being conducted. He stated that Englewood's principal retail business was in auto, food, service station and furniture. Mr . Combs pointed out that with Cinderella City, Englewood would be in a position to capture and contain much of the sales volume that is going to Denver, Cherry Creek, University Hills shopping centers, and Merchants Park. Mr. Co mb s stated that if the Englewood Business District merchants will up-grade their businesses that Englewood could become a major factor in Retail Sales in the Southern Metropolitan Denver market. Mr. Combs then made a sumnarization of points brought out: 1 . Since only the passage of time will prove the objectiveness of our studies, I would suggest to you gentlemen that the proof lies in the ability of the developer to perform within a reasonable time limit. From our experience, planning and zoning autyorities are today beginning to require, over the continent, an actual time limit on the con- struction of this type of development. Should the economics prove unsound, then the developer will not b~ild, and the land can be rezoned to some other zoning classification. Page 558 2. It is our opinion that because of Cinderella rity, the City of Englewood CB will in- crease their sales volumes and expand the influence of your market area. If another site, further east, or southeast, develops as a regional shopping center, then it is our judgement that Englewood will not share, but will actually lose, sales volumes. 3. With approval of the KLZ site zoning, Englewood can effectively compete for a fair share of the sales of the CBD of Denver, Cherry Hills, Merchants Park, and University Hills. 4. Englewood CBD will have no diminuation inruto, service station, furniture, neighborhood drug, hardware, food sales, beauty, barber, dry cleaner, banking and other services. 5. At the earliest, the proposed KLZ Regional Shopping renter could be opened for the late summer or fall of 1963. The area is growing rapidly as evidenced by the report issued this week by Colorado Department of Highways. 6. I, of course, have had copies of all reports and criticisms by interested parties and have supplied written documented rebuttal when required. But to me, one point stands ou t--all of th ose qualified by experience in this field, have assumed that a major regional center will be built on Hampden Avenue. You gentlemen have the opportunity of bringing this development to Englewood, OR, by negative action, allowing it to g o to another city or county. ~ Mr. Crampon then took the floor. He stated that he was appearing as a business consultant for Von Frellick an d Associates. He referred to his report, IMPACT OF THE PROPOSED KLZ REGIONAL SHOPPING CENTER UPON BUSINESS IN ENGLEWOOD, saying that it had been severely critized. It had been charged that the figures in his report were not true. Mr. Crampon stated that the cards he had used were in error by one million square feet. He said that they have not changed his report, or the figures used in the report; also that the correct information was on hand if one desired to see it. Mr. Crampon stated that over years o f study: 1. The Englewood residents have indicated their desire for a department store. 2. The expenditure pattern of Englewood families supports this desire. That people are buying, but not in Englewood. 3. Cinderella City could provide the solution by preventing the outfall of shoppers. 4. The bulk of the Englewood Business District was 60% retail sales of automotive and food; therefore Englewood and r.inderella City would not be in competition. He further stated that Englewood could not lose business because of Cinderel la City, because Englewood does not have it. He said that on page 44 of his report, it was shown that the population increase in the next 10 years would be 67 %. Since then, ICRPC has revised the figures, and the increase is now figures to be 80 %. Mr. Von Frellick stated that their presentation time was up, and they would hold any othe r members of their group for rebuttal. IV. William Berg , 2830 South Monroe, stated he was an attorney representing the Northeast Englewood Citizens Committee and the Committee to Preserve Zoning Integrity. Mr. Bert read a letter from Mr. E. S. Gregory of Van Schaack & Company , dated October 24, 1960, to Mr. Alvin B. Cates concerning the Lennox Square shopping center in Atlanta. Mr. Alvin B. Cates, Jr. Adams-Cates Company 201 Burt Building Atlanta 3, Georgia Dear Mr. Cates: "October 24 , 1960 I am seeking an analysis of shopping centers and their effect on nearby exclusive residential areas. I would appreciate any information you may send me on the matter as it pertains to the Lennox Square Center in Atlanta. 1. What were the price ranges o f homes in the surrounding area before the announcement of plans to construct the Center? 2. What has been the effect on the values of homes and their market ability since the con- struction o f the renter? 3. Are the o wners of the homes now enthusiastically in fav or of the renter? 4. Has there been a creeping growth of re-zoning fr om residential to commercial in the areas close to the Lennox Square Center? 5. What were the approximate distances to other shopping centers before Lennox Square was c onstructed, and their respective square feet of store space, if known. If you or some of your clients have an interest in the renter, or if for any other reason you would prefer not to answer the above questions, please do not hesitate to say so. On the other hand, I will be very grateful for any objective replies thatyou can give, based purely on research and study, and not representative of the interests o f either the developer or the residents who may have been affected. I hope to see you in nallas at the Society of Industrial Realtors meetings next month. Sincerely, E. S. Gregory Executive Vice President ESG:ma" I I I /I I I Page 559 Mr . Berg read the reply to Mr . Gregory on the effects of Lennox Square shoppin g center on the surrounding terri t ory: Mr. E. S. Gregory ~V an Schaack ~ Company 624 Seventeenth Street Denver 2, Colorado Dear Mr . Gregory: "October 26, 1960 Was delighted to hear f rom you , and I hope t~t I have answered the questionnaire in a way that will serve your purpose; however , if there should be additional information you re- quire , feel free to call on me . I regret that I am not going to Dallas. much effort . With warm regards , I am ABC-H I have reached the age where such trips require too Sincerely , Alvin B . Cates 1. Lennox Road --$25,000 to $50 ,000 -most of them have very large lots . Stratford Road --$30 ,000 to $60 ,000 . East Paces Ferry Road --$18 ,000 to $35,000 . 2 . Lennox Road -reduced values; most of these for sa1e today. Stratford Road and East Paces Ferry Road -no higher, probably slig htly lower. , 3 . Lennox Road -Owners bitterly opposed zoning of Lennox Square and from their standpoint they were ri g ht. Others not so disturbed but not so seriously affected . 4 . Peachtree Road has been very favorably affected. Important improvements , such as of f ice buildings and automobile sales and service buildings . 5 . Broadview Plaza (approximately 250 ,000 to 300 ,000 square feet), located at Piedmont Road and Morosgo Drive , approximately one mile south of Lennox Square , was under con- struction at the time Lenox was projected , and opened shortly b efore Lenox. This center has been severely affected mainly b y the widening , re-paving, etc. of Piedmont Ro a d . Traffic has been stopped for approximately 15 months and it may be three to six months longer before opening . ':rh is , together with Lenox , has practically paralyzed business for its merchants . We have no clients interes t ed in Lennox or Broadview , nor are we . Enclosed is a ci t y map. We have circled in red and indicated (1) Lenox Square and (2 ) Broadview Plaza . •1 Mr . Berg then offered the letters indicating the true condition of area surroundin g Lennox Square , to the Planning Commission. In the form of rebuttal , he asked of Mr . Holland , why the original application for annexation and zoning was addressed to Arapahoe County and not Englewood . In reply to Mr . Von Frelli c k's statements re g arding Mr . Zeckendorf's promotions, Mr. Berg mentioned that Mr. Zeckendorf went to old centers , tore down old b uildings and built new ones; there was · no blighting effect on residential areas. Concerning Mr . Combs; he stated ihat what was best for New York, Toronto and England was not best for this community . He believed that the man best qualified for an analysis -,_o f the area was a native of Colorado who lived in the area. Concerning Mr . Von Frellick's statements of intent to build the shopping center regardless of opposition , he said that Von Frellick will succeed , but not on the basis of need of the people of Englewood. Mr. John Welles , of 3602 South Gilpin, took the floor. He pointed out an article in AR CHITECTURAL FORUM of January 1961 , on page 85 , entitled "Shopping Suburbs-----Fountain Square Fights Back ." With reference to the changes in architecture of the proposed Cinderell a City , he stated that he liked the third design better than the second; and he had liked the second better than the first design. Mr . Welles cited the Cherry Hills report i dated October , 1960 , which was · submitted to the Arapahoe County Planning Commission , pointing out the weaknesses of the Combs Report , which seems to be t he basis for rezoning in this particular case. He quoted from the Cherry Hills report: It strongly appears that t he trading areas designed in the Combs report f or the proposed KLZ center are unrealistic. They appear to be based solely on drivin g time , ignoring the influence o f both competition and shopping habits--both of which are more relevant than driving time." Mr. Welles suggested that the Planning Commission take a closer look at the charts in the Combs Report, particularly those dealing with driving time and trading areas. He stated that there were other things more important than driving time . He stated the most serious and glaring failure of the report was the incompleteness of the Combs report on the section "determining sales potential of Cinderella City." It indicated an apparent absence of field interviews . Page 560 Citations from the Cherry Hills Report #11: In view of the incompleteness of the Combs report section dealing with determining sales potential of the proposed KLZ center, it is impossible to follow how this potential was derived. This, coupled with the apparent absence of field interviews, with the apparent unrealistic trading areas, and ignoring a source of :major competition, makes it impossible for us to place faith in the estimated sales potential data which have been derived for this proposed center. Mr. Welles stated he believed Mr. Combs was relying on his name and did not think he needed any justification of his figures. As to the telephone survey, Mr. Welles charged this was a rigged poll, as only the people who signed Mr. Von Frellick's petition were aware of the letter that had been sent out. He said that in the newspaper there was no reference to an expected telephone response. He stated the main objections of the C-3 zoning district: 1. It would lower land values. 2. It would be incompatible. 3. There has been no substantial change in character. 4. There was no mistake in original zoning. 5. People of this area have relied on the zoning of the area. 6. Studies have strongly indicated no need for this center. 7. Commercial zoning will spread. 8. Traffic hazards will increase because of the increase in traffic. 9. There is no hardship. Mr. Watson Bowes, 615 Security Building, Denver, vice-president of a firm offering Real Estate Evaluation and Consulting services, took the floor. Mr. Bowes stated that in his report, it was never said that Cinderella City should not be built. He said that the sole purpose of the study was to advise public officials what will happen if it is. He says that his report shows that erection of the center will result in the shifting of values and the diminishment of values. It was not an effort to pit one political party against another. He further stated that his report, MARKET VALUE IMPACT BY REASON OF CINDERELLA CITY, pages 7 -9, indicated no need for additional facilities. He stated that the studies concerning retail sales volume, conducted by Smith and Bowes, showed only the types of retail facilities needed indowntown Englewood. They were restaurants and drugstores. There was no need for an additional department store as there were four well located shopping centers in the area, all of them strong tax-paying centers. Merchants Park, Cherry Creek, University Hills, and Downtown Englewood are sufficient, and for another one to be constructed so close is just not good planning. Mr. Bowes presented a map showing Englewood in relation to University Hills and Cinderella City. Martin Deuth, a resident at 2201 East Floyd Avenue, and home owner in the vicinity of KLZ shopping center, stated that he was speaking only to represent the citizens. He is chairman of the Northeast Englewood Citizen's Committee. He stated that he has consistently said he is not against Cinderella City if it is built in the right place, but that the KLZ site is not the right spot. He stated that the area was residential, there were many children walking or taking a bus to school, there was little through traffic, and that the land had been developed into a highly residential area. He further believed that this shopping center was unwarranted, unneeded, and incompatible. He stated that 2 petitions had been submitted May 11, 1961, to the Englewood City Clerk, and that a carbon copy had been sent to the Planning Commission. He criticized the statement that the Temple Rest Home was a commercial use, and asked if automobile dealers would be allowed in the Kent School land. He also spoke of the drainage problem. He believed it would be seriously aggravated by paved parking areas of the center. He also believed that commercialism would develop. He stated that some types of undesirable businesses follow shopping centers, and the traffic would be heavy. It would necessitate the opening of dead-end streets. He also spoke of the cost of surfacing streets to accommo- date the additional traffic load. \ / He stated that he and others built, bought and improved their land on the belief that the residential character would be continued in that area: that they had sought an area in which to reside and raise their families. They did not come to speculate on commercial values. Mr. Deuth stated he was not against business, growth or progress, but he believed that change and progress should be in harmony with the surrounding area; he further believed the center should be built where it was needed. Mr. Deuth urged that commercial zoning of the KLZ site be denied and placed emphasis on the fact that the surrounding area was residential in character. Mr. Blake Hiester, 3600 South Gilpin, stated that he was interested in what the Commission's recommendation to Council would be. He stated no need had been shown for the proposed site; also that mahy independent studies showed the opposite of the Combs Report and the Crampon Report. He felt the Center would compete with Downtown Englewood, and therefore be a detriment to everyone. Mr. Heister quoted from the Larry Smith Report of October 12, 1~60, Section V, Page 17: 1. That the low demand levels justify no sizable concentration of new units. 2. That this move is not needed to provrle for the public welfare. 3. That any such store(s) would achieve its volumes in part at the expense of other depart- ment stores serving the area. 4. That such store(s) would achieve its volumes in part at the expense of other DSTM stores serving this area, and 5. That if such stores are so located as to provide for further sizable development of satellite comparison goods stores, the combined strength of this installation would further lower the , over-all potential available to the other stores serving this area, thus acting to the detriment of all. I I I I I I Page 561 V. Open Discussion . Asa McNabb, 4941 South Grant , stated that Mr. Von Frellick has carried out what he said he would do. He cited the $250 ,000 performance bond that has been posted and the assurance that traffic would be handled properly. He did not feel that the center would adversely affect the value of the surrounding property. As to the Kent School a n nexation petition , he stated that Kent desired the poli c e and fire protection of Englewood. On the traffic problem , he stated that if there was to be business, there would have to be traffic. He felt Englewood would benefit from the proposed center, and gave assessment figures on the est~mated cost of it. He also presented the estimated taxes to be derived from the center and the present taxes from Downtown Englewood. Harry Humphries , 3410 South Downing , stated he was very much in favor of Cinderella City. He was g rateful to Martin Company , Norgrens and the Texans f or bringing money into En g lewood to make it a City . Nate Burt , #7 Sunset Lane , Littleton , said he is owner of an automobile establishment ·in En g lewood , employs 165 people , and pays taxes on 47 lots wi th 77 ,000 sq. ft . of building space. Mr . Burt stated that last year they spent $156 ,000 on advertising to bring customers into Englewood . He stated that one must look at Cinderella City objectively and honestly. He said he sin- cerely believes that the KLZ site , or Cinderella City , will bring many thousands of cus- tomers into the En g lewood area , and with increased traffic some of it would surely brush off on the downtown merchants. He said th~t he did not believe that downtown Englewood would dry up; rather the mercha n ts would take an interest and improve their stores; so that Englewood would venefit from Cin- derella City . He further stated that the tax base of Englewood is declining. There have been few new buildings in the past 10 years. Cinderella City would increase the tax base . Mr. Burt said the sales volumes of Englewood was 53 million dollars . With 24 million es- timated sales volume and another 2 0 mill i o n that could be made available, Engl~wood could have one hundred million dollars worth of total sales volume . He recommended approval of the C-3 Ordinance. Mr . Bert , for Northeast Citizens Committee, stated that a list of documents they had u se d was available through Mr . Deuth or Mr. Welles . In answer to Mr . McNabb's statement concerning Kent School , Mr . Berg asked if C-1 zoning was required to obtain police and fire protection of Englewood. All of those opposed to Cinderella City stood at Mr . Berg's request. He stated there were well over 300 ·in attend ance agairist the shopping center , a n d asked the Planning Commission to gi v e them their consideration . Beverly Basset , 3809 South Broadway , stated she was not paid to speak; that she was a native of En g lewood , in favor of progress and sympathetic with the people in Cherry Hills; also she was proud of the Cherry Hills area . She stated she wanted what would be the common good of Englewood and the County o f Arapahoe . She stated thatmost of the people with whom she had discussed the matter were working people and most of them were in favor of the convenience and tax base provided by Cinderella City. Having opposed a Junior College two years ago , s he said she was very tax conscious . She also spoke of the s t ir created when Denver tried to annex Glendale not too long ago . She fel t that the tax b ase in En g lewood and Arap ~h oe County needed to be increased and that Cinderella City would do just that . She stated that the taxes not only should pay for the education of the children in that residential area , but for the road repairs as well. She de f ended the charge that the phone calls were a "rigg ed poll ," and stated that the En g lewood Herald had conducted a telephone survey of their own . Mr s . Basset pointed out that in other states the property values had not decreased when a shopping center was erected in a residential area , and cited Phoenix , Arizona in particular . She stated that houses seemed to mushroom around the center ; that it was no , ·detriment and women liked the convenience of the center close . at hand. She felt that with the possibility of a Metro Sales Tax , shopping center revenue would be g reatly increased , and that Cinderella City would be a drawing card from other centers. She said that the population of Englewood had grown , but the business center had not grown in p r oportion. She felt that there would be no traffic problem on Hampden Avenue . Glen Brascomb , 3313 South -Corona , stated he did not feel this was an issue between citizens, rather between citizens and the city . He further stated he had seen very few houses for sale in Northeast En g lewood . He reported ~hat · he had contacted severa L realtors and that four out of five felt the price of the property. would be enhanced rather than depreciated by the Center . Mr. Brascomb further stated that a house that had been for sale only one block from Mr . Deuth had been sold . Joseph Little , 3675 South Franklin , stated that he was Mayor of Cherry Hills when their zoning code was adopted . He did not think that Englewood would inflict this (the center) upon the residents of r herry Hills . He said he hoped the Commission members would take a lesson from Denver Planning Commission . For every center that had been built on the edge of town , some place downtown suffered . J . P . Murphy , 2001 East Floyd ; referred to Von Frellick's of f er to purchase houses adjoini~ the Shopping Center for 25% more than the owner paid for it . He stated that he would be happy to purchase the KLZ site for 25% more than Mr . Von Frellick paid for it . Mr . Von Frellick stated that they had Engineers ready to discuss drainage problems on the site , but they would hold them for another meeting and close their presentation for the evening . Mrs . Ben Baker , 3342 ,South Og den , stated that she felt that 90% of those shopping in En g lewood wanted Cinderella City , and she felt it would do more good than harm . Page 562 Miles moved: Rice seconded: That the hearing be closed. The motion carried unanimously . Mr. Hill stated he would like to hear Mr. Von Frellick's Engineers discuss the drainage pro- blem at another meeting. There was a five minute recess. Hill moved: Martin seconded: In view of the fact that a number o f persons had testified and additional evidence had been presented, the Commission would need additional time to study the material: that the meeting be recessed and action tabled until May 25th, at which time a decision would be rendered. Motion carried unanimously. Meeting adjourned. David F. Munns Respectfully submitted, Dorothy J. Romans Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSI ON Minutes of May 25, 1961 The meeting was cal:lfd to order at 8:00 P. M. Mr. Kelley presiding. Members present: Sam Hill, Rovert Kelley, Art Martin, Stan Miles, Maurice Pershing, Tymer Rice David Munns, Ex-officio I. KLZ Site Annexation and Zoning Case #8-61A Mr. Kelley explained that since the public hearing on May 11, 1961, the members of the Com- mission have jointly and ind ividually considered the points brought out at the public hearing on May 11; have review the reports, letters, studies and findings submitted by proponents and opponents of the proposal; have met with Mr. Sonny Perkins and Mr. Max Serafini from the firm of Meurer-Serafini-Meurer, (to study further the proposed drainage plan); and have con- ferred with the City Attorney. Mr. Munns reported that additional communications had been received fr om Mr. John Welles, 3602 South Gilpin; Frank Curran, 3295 South Williams; Mr. Harry Fleenor, 3383 South Corona ; Dr. Guard, 2616 South Downing; the owner of the Varsity Lanes, 2040 South University; and an article from Paul Wynne. Mr. Kelley asked for discussion from the Commission members. Mr. Hill stated he would vote in opposition to the annexation and zoning request for C-3 at the KLZ site for the following reasons: 1. Surveys made for the Chamber of Commerce and the City (before the KLZ site came into view) established no need for additional retail space in this area except for a major dry goods store in downtown Englewood. 2. Because there is already an extensive commercially-zoned area which is not fully developed, there should be no additional commercial zoning until such time as the existing Com- mercial area is developed . 3. A study by Dale Rea shows that Little Dry Creek is not adequate to carry the run off from a (large) storm and that there are three bridges that are, in Mr. Rea's opinion , inadequate. 4. Representatives of Meurer-Serafini-Meurer have mentioned that they are on a limited bud- get and have made a sketchy survey of the total Dry Creek area. There have been no plans submitted which show the developer will deepen the channel or build bridges. 5. The City Engineer has not approved the drainage plans submitted and has not said the proposed drainage structure will take care of the other problems created. 6 . There is a question as to where responsibility would lie if flooding resulted because the runoff from this site was diverted fr om o n e drainage way to another. Would liability lie with the developer or the City? Discussion followed. Rice moved: Pershing seconded: That the following facts and resolution be accepted. WHEREAS , THE FOLLOWING FACTS EXIST: A. On April 3, 1961, the City Council of Englewood referred to this Commission , for report and recommendation, the petition of Aladdin Broadcasting Corpo ration for annexa- tion and zoning of land owned by Aladdin, generally known as the KLZ radio transmitter site, which is bounded by Lafayette Street, Floyd Avenue, the 28-acre tract owned by Kent School, and by Hampden Avenue . I I I