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HomeMy WebLinkAbout1962-04-19 PZC MINUTESI I I Page 631 C. A brief discussion on progress on the Master Plan followed. Mrs. Romans displayed several maps and overlays to be used for the sections of the Master Plan. Kreiling moved: Hill seconded: The map to be used in the Master Plan for the Parks section be approved. The motion carried unanimously. The Director .presented proposed street plan maps and traffic maps. Discussion ensued. There was considerable discussion on the ramp fr om Highway #70 to Broadway, and the possible elimination of left turns at Bannock and the Highway. D. Commission members were reminded of the weekly work sessions held every Saturday morning. E. Park-Elitch Rezoning Case #5-62B Miles moved: Love seconded: Inasmuch as .other considerations had not taken as much time as had been anticipated and that the meeting on April 19th would be a long one , the matter of the Park-Elitch rezoning be rem oved from the table. The motion carried unanimously. Love moved: Kreiling seconded: Discussion followed. The rezoning request made by Park-Elitch for change from R-1-D to M-1 be granted. Upon call of the role: 'l AYES: NAYS: Hill, Kreiling, Love, Miles, Pershing Rice The motion carried. Meeting adjourned 11:10 P.M. I I Respectfully submitted, Gertrude· G.·Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR .RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 5, 1962 SUBJECT : Recommendation of approval of rezoning. request. RECOMMENDATION: Love moved: Kreiling seconded: The rezoning request to M-1 be granted. made by Park-Eli ,tch for change from R-1-D The motion ·carried unanimously. Respectfully submitted, By order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary * * * * * * * * *· * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND .ZONING COMMISSION Minutes of April 19, 1962 REGULAR SESSION The meeting was called to order at 8:10 P.M. by Chairman Rice. Members present: Kreiling, Miles, Pershing, Rice ~omans, Ex-officio Members absent: Hill, Love Also present: Koppel, Planning Assistant I . APPROVAL OF MINUTES Pershing moved: Miles seconded: The Minutes of April 5, 1962, be amended by adding the following legal descriptions : Page 632 Section II: Park Elitch Rezoning Case #5-62A That part of the S 1 /2 of the Sl /2 o f the N 1 /2 of the N 1 /2 of Section 9 , Township 5 South, Range 68 West of the 6th P.M., lying West o f the City Ditch and East of the center- line of South Mariposa Street , ex- tended. Section III: Carmel Park . Subdivision Case #22-61F Area bounded on the N. by West Grand Ave; on the s. by West Belleview Avenue; on the E. by South Acoma Street ; on the West by a line 640 feet west of the west side of South Acoma. The motion carried unanimously. The minutes of April 5, 1962 were declared approved as amended. II. FRANZMANN-FOLKERTS REZONING CASE #7-62 B March 16, 1962 Miles moved: Lots 2 thru 10, Block 2, Franzmann-Folkerts Subdivision. Lots 1 thru 9 , Block 1, Franzmann-Folkerts Subdivision. (3200 Block South Huron) Kreiling seconded: The hearing for rezoning of 3200 block South Huron be opened. The motion carried unanimously. It was stated that proper publication and posting requirements have been met. A brief review of this case was given. Don Franzmann 3280 South Huron-- Herman Stenga 1869 South Pearl - Robert Hammers 3270 South Huron Don Franzmann 3280 South Huron stated the problem of the removal of the power poles in the middle of the street 'has been taken care of; however, before the street can be opened up , the house presently sitting in the right-of-way of what would be West Eastman will have to be moved. The Franzmann's desire the R-2-B Zone classification to enable them to sell some of the lots, and thus be able to afford the removal of the house and the erection of a double f or Mrs. Sigrid Franzmann's home. stated he was the contractee for property on the west side of the 3200 block of South Huron. Mr. Stenga requested his property be rezoned R-2-B. stated he was against rezoning the whole block. He did not want his property included. stated he first requested the rezoning of Lots 5, 6, 7, 8, and 9 only , for the purpose of leaving one site zoned R-1-D next to Mr.Hammers' residence. Chairman Rice pointed out that this would have been spot zoning; that after contact ing property owners concerned, the entire block was included in order to meet the ' area requirements of the City Council. Kreiling moved: Miles seconded: The hearing be closed. The motion carried unanimously. Kreiling moved: Pershing seconded: The Planning Commission recommend to City Council the rezoning request made by Mr. Don Franzmann for change fr om R-1-D to R-2-B of the 3200 block South Huron be approved, as (1) it will serve as a buffer between the M-1 (light industrial) zoning to the west, and the R-1-D (Single- family) zoning to the east; (2) it is of sufficient area to meet the requirements o f the City Council; (3) it is not contrary to the overall long-range plan of the City; (4) it will not permit an excessively high density and yet it will allow the property owners to develop their land to better advantage than the ·R-1-D classification. The motion carried unanimously. .III. PLANNING OFFICE AMENDMENT TO ZONING ORDINANCE T-Zone Classification CASE #8-62B Chairman Rice stated that, due to recent rulings handed down by Judge Lee, the City of Englewood wished to reaffirm the status of the T-Zone. It was pointed out that there has been no change in the substance of the ordinance as previously approved by the Planning Commission and passed by the City Council. Miles moved: Pershing seconded: The hearing be opened. The motion carried unanimously.· I I I I I I Page 633 Mrs. Stanley 2310 West Harvard -stated she was in favor o f the T-Zone Ordinance. She is interested in the possible application o f the T-Zone, if approved, in the Scenic View Area. Martin J. Deuth 2201 East Floyd -presented the Commission a letter of opposition to the T-Zone fr om the Northeast Englewood Citizens' Committee. Mr. Deuth felt there is no need for a T-Zone, as there are only three main types of zoning to be considered: residential; commercial; and industrial. Mr. Deuth read the letter , as follows: "NORTHEAST ENGLEWOOD CITIZENS COMMITTEE 2201 East Floyd Avenue Englewood, Colorado Martin J. Deuth, Chairman April 19, 1962 Englewood Planning and Zoning Commission Englewood City Hall Englewood, Colorado In Re: Transitional Zoning Ordinance Gentlemen: ' . The undersigned write on behalf of the Northeast Englewood Citizens Committee for the pur- pose of formally protesting the enactment of the proposed Transitional Zoning Ordinance for the City o f Englewood. As grounds for this objection , we respectfully show unto this Commission as follows: 1. Attempts to zone property as a buffer between two specific zoning classifications have been consistently stricken as poor zoning enactments throughout the United States. Zoning ordinances must classify land in one category or another. 2. Buffer zone type classifications have been struck down as having no proper relationship to the recognized purposes of zoning. Unless the virtue of a buffer zone is clearly visible, such a zoning classification will not be permitted to stand. 3. It is apparent that the transitional zoning classification which is contemplated by the proposed ordinance is in effect a total refutation of all zoning concepts. By recognizing in an ordinance a virtual no-man' s-1and of zoning, the City o ·f Englewood will in effect undercut all of its existing, sound zoning ordinances. 4. No orderly development of our community can take place, from a zoning standpoint, where there exists a zoning category which ultimately recognizes the absence o f zoning. 5. No property owner abutting a transitional zone can be provided the necessary protection from zoning laws because of the continual and often surprising fluctuation in transitional area uses. 6. A transitional zone will not permit control of land use; such a zone will lend itself to cancerous-like growths through all parts of our city reducing zoning law and zoning bodies to a mere hollow shell. 7 . One of the basic purposes of zoning enactments is 'to provide for stability of neighborhoods; such stability is totally inconsistent and incompatible with the proposed transitional zone classification. 8. Residential property values are certain to decline as do all properties near or adjacent to transitional zones. 9. There are no areas in the city limits of theCity of Englewood which have changed sufficiently in character to warrant the enactment of a new zoning classification f or those areas, save and except such particular areas as may be serviced to satisfy a specific need of present property owners. 10. An elaborate system of variances and permissions therefore is now established under zoning ordinances of our city. This entire system will become a nullity upon the enactment of the proposed transitional zone classification. 11. The total projection for the transitional zone category contemplates a change from residential land use to business or commercial land use; no provision whatsoever is suggested by the tendered ordinance which would allow a transition from industrial or commercial lands to residential development. Because of this fault the ordinance could not be uniformly applied and therefore would be classified as an abuse of the police powers _o ~ ~he City. 12. Finally, as a general comment, it is submitted that the transitional concept suggested by the proposed ordinance is diametrically opposed and basically inconsistent with all other concepts of zoning and planning. Such a zoning ordinance constitutes a gross and total re- futation of the basic beliefs of zoning enactments. MJD /cn" Respectfully submitted, /s / Martin J. Deuth Martin J. Deuth Chairman Page 634 Mr. Rice asked Mr. Deuth if he had made a protest at the time the Commission previously con- sidered the T-Zone. Mr ~ Deuth stated he did not make a formal protest at the adoption of the T-Zone , but did at the time of application for the T-Zone classification by the owners of the Temple Rest Home, 3400 South Marion Street. Mr. Miles asked Mr. Deuth if he was opposed to the T-Zone as such, or if he felt that any one certain area should have remained at its previous zone classification. He further asked Mr. Deuth if he felt a buffer of R-3 would be satisfactory. Mr. Deuth stated he felt there was ample R-3 zoning; he stated he was opposed to the use of T-Zone as a wedge. Mr. Hale Hardin 3200 South Franklin -stated he felt the T-Zone would bring traffic problems. Mrs. Perry 2349 West Harvard -stated she was in favor of the T-Zone Ordinance. R. E. Ratcliff 4025 South Inca -stated he felt the statement "professional type offices" should be more detailed. Martin Deuth 2201 East Floyd -objected to the T-Zone as making a use-by-right of something that had previously been a variance and non-conforming. R. E. Ratcliff 4025 South Inca -asked if "use-by-right" could be construed to the point where a pharmacy could be a use-by-right to a clinic. It was pointed out to Mr. Ratcliff that the T-Zone clearly restricts retail operations. Mr. Deuth 2201 East Floyd -asked where a T-Zone would come from in his area, --the KLZ land, or the developed residential land adjoining the KLZ site. He felt such a zone would be "tearing Englewood down". Mr. Miles stated in his opinion it was the non-conforming uses which are not allowed to im- prove, that are "tearing Englewood down", not any one zone classification. Hale Hardin 3200 South Franklin -felt there should be different restrictions in the T-Zone for different areas. That perhaps filling stations, restaurants, and other service- type uses should be permitted in a buffer between an industrial zone and a single-family residential zone --succy as in Scenic View. It was pointed out that restaurants and filling stations are permitted uses in the industrial zone. Mr. Kreiling asked if Mr. Hardin and Mr. Ratcliff were opposed to the T-Zone when it was first passed last year. Both gentlemen answered "no". Mr. Ratcliff asked why it was necessary to recommend passage of this Ordinance as an emergency. The Chairman stated that three areas within the City had been zoned T (Transitional) in good faith, and that there is an obligation to clarify the position of property owners within these areas. Mr. Kreiling pointed out also that property owners in another area have indicated a desire to rezone their land to the T-Zone classification and are waiting upon the action of the City to apply for rezoning. MILES MOVED: PERSHING SECONDED: The hearing be closed. The motion carried unanimously. MILES MOVED: ' KREILING SECONDED: The matter of the T-Zone amendment be tabled for further study. The motion carried unanimously. A 15 minute recess was called at 9:30 P. M. The meeting was called to order at 9:45 P. M. with the following members present: Kreiling; Miles; Pershing; Rice; Romans, Ex-officio. ~ -- - --- --- IV. PLANNING OFFICE AMENDMENT CASE #9-62B C-3 Zone Classification KREILING MOVED: PERSHING SECONDED: The hearing be opened. The motion carried unanimously. Mr. Rice stated the C-3 Ordinance has been passed previously by this Commission and by the City Council. The action of the Planning Commission at this time, is to reaffirm the ordinance in view of recent court rulings. I I I I I I Page 635 R. E. Ratcliff 4025 South Inca -stated he was neutral on this matter, but questioned the jbility of Englewood to support· such 'a developmen·t arrd if it would hurt the downtown merchants. ., !) Martin J. Deuth 2201 East Floyd -asked if the ordinance had been changed at all. The Planning Director replied the substance of the ordinance was the •same as previously passed. Martin Deuth 2201 East Floyd -stated as Chairman of the Northeast Englewood Citizens Committee, and re- presenting those citizens, he wished to g o on record as being opposed to the C-3 amendment as special •interest legislation inspired by the developers of the proposed Cinderella City. Hale Hardin 3200 South Franklin -felt that Section G, Flood Control, o f the proposed C-3 Ordinance was ambiguous and that definite specifications should be ·w~itten into the ordinance. KREILING MOVED: PERSHING SECONDED: The hearing be closed. The motion carried unanimously. KREILING MOVED: MILES SECONDED: The matter of the C-3 amendment be tabled for further study. The motion carried unanimously. v. CARMEL PARK SUBDIVISION Area bounded on ,the North by West Grand Avenue; on the South by West Belleview Avenue; on the East by South Acoma Street; on the west by a line 640 feet west of the 1west side · of South• Acoma Street. CASE #22-61G •' MILES MOVED: PERSHING SECONDED: The matter of the Carmel Park Subdivision be removed fr om the table. The motion carried unanimously. IT Letters of agreement with utilities companies were received in the Planning Of fice. Mr. Stallard stated the easements requested were for public utilities in order to get them out of the street. A five-foot easement has been requested by the Telephone Company on the west side of the proposed subdivision. Subdivision Regulations set forth a ·minimum of a 16 foot easement. Discussion followed. KREILING MOVED: MILES SECONDED: The Planning Commission recommmd to Council that Carmel Park Subdivision be approved, pending procurement of a 16 foot easement on the west line of the Subdivision. , •• l The motion carried unanimously. " ~I - VI. OLD BUSINESS. A. Definitions There was a brief discussion on a list of definitions mailed to Commission members previously. No act ion was taken. 1 . B. Procedure Manual A preliminary draft of a portion of 1a proposed •procedure manual f or the · Planning Commission was presented to the members. Brief discussion followed; no action was taken. 1 • C. Rezoning Requests " . • t J' ., The Planning Director stated that three rezoning requ:ests had ·been r .ecei ved to be heard at the next quarterly rezoning date in June. D. T-Zone Amendment KREILING MOVED: PERSHING SECONDED: The matter b~ ra~sed from the table. AYES: Kreiling, Pershing, Rice NAYS: None ABSENT: Hill, Love ABSTAINING: Miles The motion carried. Case #8-62C ) . Mr. Miles stated he desired more time to consider the information that has been presented by Mr. Deuth. Brief discussion followed. Page 636 VI. E. F. KREILING MOVED: PERSHING SECONDED: Inasmuch as the T-Zone Classification was approved by the Planning Commission on April 20, 1961 , and subsequently passed in the form of an amendment to the Zoning Ordinance by the City Council and inasmuch as no changes have been made in the sub- stance of the ordinance ; that the Planning Commission recommend to the City Council the adoption of the T-Zone classification. Mr. Miles stated he would vote for the motion, but would still give study and con- sideration to information presented by Mr. Deuth before the Council has a hearing on the T-Zone. Upon the call of the role: AYES: NAYS: Kreiling, Miles, Pershing, Rice None The motion carried. C-3 Amendment Case #9-62C I• PERSHING MOVED: MILES SECONDED: The matter be removed from the table. The motion carried unanimously. MILES MOVED: KREILING SECONDED: Inasmuch as no additional information has been received from the first time the Planning Commission considered the C-3 classification at its public hearing on February 9, 1961 and no changes have been made in the substance of the ordinance as it was adopted previously , that the Planning Commission recom- mend to City Council the adoption of the C-3 Zone classification. The motion carried unanimously. Park-Elitch Case #5-62B Mr. James D. Uhlman was present to learn the Commission's decision on the rezoning request made for M-1 from R-1-D by Park Elitch. Mr. Uhlman was told the request was recommended to Council by a 5 to 1 vote of the Commission. G. Master Plan A brief progress report was given Commission members on the Master Plan. Three sections are being readied for presentation. NEW BUSINESS A. TIME LIFE, INC. ANNEXATION KLZ Site CASE #10-62 Chairman Rice read a petition for the annexation of the following area to the City of Englewood: A tract of land lying in Section 35, Township 4 South, R~nge 68 ·West, in Arapahoe County, described as follows: beginning at a point where the East line of Block 50, Evanston Broadway Addition, extended Southerly intersects the South line of Section 35, Township 4 South, Range 68 West, said South line being the approximate center line of East Hampden Avenue; thence Northerly along the East line of said Block 50, to the North line of said Block 50; thence Easterly to the East line of South Lafayette; thence Northerly along said East line of South Lafayette Stree~ to the center line of East Floyd Avenue; thence Easterly along said centerline of East Floyd Avenue to the East line of the SW 1 /4, Section 35, Township 4 South, Range 68 West; thence Southerly along said line to the Northeast corner of the SE 1 /4 SW 1 /4 of Section 35, Township 4 South ; Range 68 West; thence Easterly along the North line of the SW 1 /4 SE 1 /4 Section 35, Township 4 South , Range 68 West, to the Northeast corner of the SW 1 /4 SE 1 /4 Section 35, Township 4 South, Range 68 West , thence Southerly along the East line of the SW 1 /4 SE 1 /4 Section 35, Township 4 South, Range 68 West, to a point where said line intersects the Nortb right-of-way of S.H. No. 70 (East Hampden Avenue), said point being approximately 90 feet Northerly of the Southeast corner of the SW 1 /4 SE 1 /4 Section 35, Township 4 South, Range 68 West; thence Westerly along said North right-of-way line to a point where said line intersects the East line of SW 1 /4 Section 35, Township 4 South, Range 68 West, said point being approximately 90 feet north of the South Quarter corner of said section; thence Southwesterly along said right-of-way line of East Hampden Avenue on the arc of a curve to the left, the radius .of which equals 783 feet, for a dis- tance of 301.4 feet; thence Westerly along the North right-of-way line of East Hampden Avenue parallel to and 30 feet North of the South line of Section 35, Town- ship 4 South, Range 68 West, to a point where the North right-of-way line of East Hampden Avenue intersects the East line of South Lafayette Street; thence Southerly to a point where the East line of South Lafayette Street intersects the South line of Section 35, Township 4 South, Range 68 West; thence Westerly along said South line of said Section to the point of beginning, containing approximately 57.202 acres. Brief discussion followed. KREILING MOVED: MILES SECONDED: The Planning Commission recommend to City Council the approval of the annexation of the area commonly known as the KLZ Site, because (1) annexation of the acreage covered by the petition would be consistent with sound principles of municipal planning in that, among other things, the action of annexation would eliminate a portion of the existing enclave made by the KLZ tract plus the land occupied by Kent School for Girls; (2) would extend the existing boundaries of the City of Englewood along a uniform line of Hampden Avenue; and (3) the land area itself can best be supplied with municipal services by Englewood. I I I I I I Page 637 The motion carried unanimously. E. Centennial Shopping Center Mr. Kreiling briefly discussed the recent annexation of the Centennial Shopping Center. This petition was not referred to the Planning ,:Commission, inasmuch as this Commission recommended its annexation in a meeting on February 1, 1962. The meeting adjourned at 11:30 P. M. Respectfully submitted, Gertrude G. Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 19, 1962 SUBJECT: Recommendation of Approval of Rezoning Request. RECOMMENDATION: KREILING MOVED: PERSHING SECONDED: The Planning Commission recommend to City Council the rezoning request made by Mr. Don Franzmann for change from R-1-D to R-2-B of the 3200 block South Huron be approved, as (1) It will serve as a buffer between the M-1 (Light Industrial) zoning to the west, and the R-1-D (Single-family) zoning to the east; (2) It is of . sufficient area to meet the requirements of the City Council; (3) It is not contrary to the overall long-range plan of the City; (4) It will not permit an excessively high density and yet it will allow the property .owners to develop their land to better advantage than the R-1-D classification. The motion carried unanimously. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 19, 1962 SUBJECT: Carmel Park Subdivision RECOMMENDATION: KREILING MOVED: MILES SECONDED: The Planning Commission recommend to Council that Carmel Park Sub- division be approved, pending procurement of a 16 foot ea9ement on the west line of the Subdivision. The motion carried unanimously. I J r ' Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 19, 1962 SUBJECT: Approval of T-Zone Classification. Page 638 RECOMMENDATION: KREILING MOVED: PERSHING SECONDED: The motion carried. Inasmuch as the T-Zone classification was approved by the Planning Commission on April 20, 1961, and subsequently passed in the form of an amendment to the Zoning Ordinance by the City Council and inasmuch as no changes have been made in the substance or the . ordinance; that the Planning Commission recommend to the City Council the adoption of the T-Zone classification. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 19, 1962 SUBJECT: Approval of C-3 Zone Classification RECOMMENDATION: MILES MOVED: KREILING SECONDED: Inasmuch as no additional information has been received from the first time the Planning Commission considered the C-3 Classifica- tion at its public hearing on February 9, 1961, and no changes have been made in the substance of the ordinance as it was adopted previously, that the Planning Commission recommend to City Council the adoption of the C-3 Zone classification. The motion carried unanimously. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 19, 1962 SUBJECT: Approval of Annexation of KLZ Site RECOMMENDATION: KREILING MOVED: MILES SECONDED: The Planning Commission recommend to City Council the approval of the annexation of the area commonly known as the KLZ site, because (1) annexation of the acreage covered by the petition would be consistent with sound principles of municipal planning in that, among other things, the action of annexation would eliminate a portion of the existing enclave made by the KLZ tract plus the land occupied by Kent School for Girls; (2) would extend the existing boundaries of the City of Englewood along a uniform line of Hampden Avenue; and (3) the land area itself can best be supplied with municipal services by Englewood. The motion carried unanimously. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I I I