HomeMy WebLinkAbout1962-04-19 PZC MINUTESI
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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
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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.·
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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.
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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.
"
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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
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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.
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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
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