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HomeMy WebLinkAbout1962-09-20 PZC MINUTESPage 664 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Minutes of September 20, 1962 Regular Meeting The meeting was called to order at 8:00 P.M. by Chairman Rice. It was stated that the Planning Commission was an advisory citizens commission, appointed by the City Council. Members present: Hill, Love , Miles, Pershing, Rice Romans, Ex-officio Members absent: Kreiling Also present: City Attorney Esch; Assistant Director Hess. I. APPROVAL OF MINUTES Love moved: Hill seconded: The minutes of September 6, 1962 be dispensed with at this time in order that the Commission might open the Public Hearing immediately. The motion carried unanimously. II. HUGH B. TERRY KLZ Site Love moved: ZONING C-3 CASE #22-62C September 6, 1962 August 23, 1962 August 9 , 1962 Miles seconded: The Public Hearing on the application o f Hugh B. Terry to zone the KLZ site as a C-3 (Shopping Center) zone classification be opened. The motion carried unanimously. Mrs. Romans, Planning Director, gave a brief summary o f this case. The Public Notice appeared in the Englewood Herald on August 27, 1962. The site has been posted in excess o f the re- quired 15 day period. A $250,000 performance bond has been received by the City Council. The application is in order. Mr. Rice gave the boundaries of the area: La fayette on the West, Floyd on the North, Kent School on the East, and Highway #70 on the South. The order of the meeting was set f orth: the proponents to present their case, then the opponents. Opportunity for rebuttal would be given both groups. Mr. Gerri Von Frellick, developer of the proposed Cinderella City, stated he wished to express his appreciation to City of ficia ls for their cooperation. He felt that every criticism had been carefully examined and answered. Mr. Von Frellick further stated he felt the studies conducted proved that the proper use o f the KLZ site was as a C-3 regional shopping center. Mr. Alex Holland 601 Oneida Street -stated he was one of the counsel f or Time-Life Inc. Mr. Holland pointed out that the KLZ site has been annexed to the City of Englewood by Ordinance No. 17, Series of 1962. Application for C-3 zoning was filed with the City Council and Planning Commission on August 6, 1962. Mr. Holland gave a resume of the Cinderella City case. At the time plans for the center were first announced, the site was in Arapahoe County. The developers were requested, by 70 Englewood businessmen, to request annexation to Englewood. Petitions were circulated in Englewood, and signed by 5700 residents in favor o f the annexation. The first request f or annexation, conditioned on C-3 zoning, was filed with Englewood City Council, April 3, 1961. On May 25 , 1961, the annexation and C-3 zoning was recommended by the Planning Commission to City Council. On June 30, 1961, an ordinance annexing and zoning the KLZ site was adopted by the Council. Opponents of this proposed development filed suits in the District and County Court. Judge Lee ruled, in February, 1962, there were technical defects in the procedures of adoption o f the Ordinances. The following points were made: 1. A city cannot zone and annex simultaneously; 2. The public hearing held June 20, 1961, by the Council at the Field House was invalid because all meetings of the City Council must be at City Hall; 3. The procedure was defective in that public hearings were held before introduction of the bills. The Judge's decision was not appealed; and the procedure was started anew. At this time, the City has received from the developers, the current market analysis, financial report, bond, and traffic study as required in the C-3 Ordinance. Mr. Holland filed with the Commission the study entitled "Impact o f the Proposed KLZ Regional Shopping Center upon Business in Englewood." A copy of the written statement presented by Mr. Crampon to City Council on June 20, 1961, was also filed. The proposed Cinderella City site has been used, since 1930, as a radio transmitter site. There are two steel towers, and a buried copper wire gri d system, extending nearly to the property lines. Mr. Holland pointed out that in 1930 , when the site was first used as a transmitter site, the surrounding area was developed for rural or semi-agricultural usage. He pointed out, that at the present time, the land bordering the KLZ site on the east from Hampden to 400 feet south of Floyd Avenue is unimproved; to the south, the six lane freeway, and for approxi- mately two blocks, only a handful of houses and water-tower facilities; the area to the west and the area to the north is developed residentially by a mortuary and a nursing home and by residential use. I I I I I I Page 665 Mr. Holland referred to Article I, Section 7 of the Englewood Zoning Ordinance, which states that if other zoning is not provided, land annexed to the City of Englewood comes in as R-1-A. Mr. Holland felt that to impose R-1-A zoning upon the site would be arbitrary as the land has been used for Industrial-Commercial purposes for 30 years. Mr. Holland discussed the provisions of the C-3 Ordinance for setbacks, screening, and drainage. It was pointed out that the surface waters of the site presently flow into Harvard Gulch. Mr. Holland briefly summarized his case, and requested that the Commission recommend the C-3 zoning of the KLZ site to the City Council. Mr. George Creamer 928 Equitable Building -requested that notice be made of the people in attendance who were opposed to this proposal, as to those in attendance in favor of the zoning. Mr. Creamer stated there were four tablets being circulated for signatures of opponents. He further stated that at 8:30 P.M. 320 people had signed as being opposed to the zoning. He urged that a standing vote of people in favor be taken. Mr.Rice asked for the vote. Twenty-five persons indicated they were in favor of the pro- posed zoning. Mr. Rice asked those persons opposing the rezoning who did not live in Englewood to identify themselves. The request was not complied with. Mr. Rice pointed out that the decision of the Commission would be based on the merits of the case itself. John W. Combs, President Combs Associates of New York Combs Limited, Toronto & London -stated his firm was retained in April 1960 by Time, Inc. and in 1962 by Time-Life Broadcast Inc. to study the KLZ site. Mr. Combs stated that the findings of his firm, both times, are positive, indicating a substantial "sales potential" available to the site. This conclusion was reached after careful consideration of: 1. Competition, existing and proposed; 2. Population, existing and projected; 3. Driving time and distances; 4. Natural and man-made barriers ; 5. Accessibility and the site itself. Their study considered the Central Business District of Englewood as a competitor. They did not feel that the Central Business District would seriously affect the sales potential of KLZ, nor did they feel that the KLZ center would reduce the retail volume of the Central Business District. Rather, they felt .the City would benefit if the Central Business District would plan a rehabilitation and promotion program; and that Englewood would become a high fashion and furniture facility. Mr. Combs offered his summarization in the following five points: I "l. Since 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 authorities are today beginning to require, over the continent, an actual time limit on the start of construc- tion of this type of development.· Should the economics prove unsound, then the developer will not build, and the land can be rezoned to some other · zoning classification. 2. It is our opinion that the City of Englewood and the Central Business District will in- crease their sales volumes and expand the influence of your market areas. If another site, further east, or southeast, develops as a regional shopping center, then it is our judgment 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 0£ Denver, Cherry Hills, Merchants .Park, and University Hills. 4. Englewood· CBD will have no diminution in auto, service station, furniture, neighborhood drug, hardware, food sales, beauty, barber, dry cleaner, banking, and other community- type services. 5. I, of course, have had copies of all written reports and criticisms by interested parties and have supplied writte'n documented rebuttal when required •. But to me, one point stands out --all of those qualified by experience in this field have assumed that a major regional center will be built on Hampden Avenue or south. You gentlemen have the opportunity of bringing this development to Englewood, OR by negative action, allowing it to go to another city or county or municipality." Mr. George Creamer 928 Equitable Building -stated he was asked to speak by the Northeast Englewood Citizens Committee and Committee to Preserve Zoning Integrity. Mr. Creamer stated that this proposal seemed to have a surplus of problems. He termed the KLZ tract an "unplowed area"; and pointed out that the area had been zoned residential by the County Master Plan. Mr. Creamer stated that the residential areas surrounding this site had the highest assessed valuation in this area and possibly in the United l States. Mr. Creamer charged that the original ·c-3 Ordinance was written by Time L~fe, and that Ordinance #14, Series of 1962 was a "rubber stamp carbon copy" of the former Ordinance. Mr. Creamer resubmitted the following to the Planning Comnrission .: 1. Preliminary Memorandum Retail ·commercial Development'-Larry Smith and Company. 2. Core Area Study Summary -Larry Smith and Company. 3. Core Area Study -Larry Smith and Company. 4. Letter to Arapahoe County Planning Commission from Mr. E.L. Dailey, Chairman , Cherry Hills Village Planning Commissioni, dated December 19, 1960. 5. Letter to the Arapahoe County Planning Commission from R.P. Davison, Mayor, Cherry Hills Village, dated November 5,· 1960. 6a. Letter to Arapahoe County Planning Commission from Mr i. E. L. Dailey, dated Octo·ber 18, 1960. Page 666 6b. Letter to Arapahoe County Planning Commission from Mr. E.L. Dailey, dated October 28, 1960. 7. 8. 9. 10. 11. 12. 13. 14a. 14b. 15. 16. 17. 18. Letter to E.L. Dailey, from Watson A. Bowes, dated October 3, 1960. An Analysis of the Proposed KLZ Regional Shopping Center -submitted by Cherry Hills Village Planning Commission. Letter from Robert Kelley to Arapahoe County Planning Commission dated October 24, 1960. Letter to Mr. Lee Woolsey from James M. Small , dated November 1, 1960. Letter fr om ICRPC to Arapahoe County Planning Commission dated December 13, 1960. Letter to Englewood Planning Commission from ICRPC dated May 9 , 1961. "Market Value Impact by Reason 1 o f Cinderella City" by Watson A. and Harold R. Bowes. Letter to the Englewood Planning and Zoning Commission from Harold A. Fedder, dated February 16, 1961. Letter to Arapahoe County Planning Commission from Northeast Englewood Citizens Committee, signed by Martin Deuth, dated October 28, 1960. • Letter to ICRPC from C. Blake Hiester, dated December 8, 1960. Letter to Mayor Kreiling fr om Mayor Davison, dated May 10, 1961. Letter to the Arapahoe County Planning Commission from Garrett-Bromfield and Company, dated November 16 , 1960. Three tablets circulated and signed by opponents o f the C-3 zoning, dated September 20, 1962. 19. Petitions signed by protestants within 100 feet o f the KLZ site; cover letter dated September 20, 1962. 20. Petitions signed by protestants outside the 100 foot protest area. John Welles 3601 South Gilpin -stated he was not in the area immediately affected by Cinderella City, nor was he acting as a representative of Denver University. Mr. Welles reported on his research of Combs Report #1, dated May 23, 1960; o f Combs Report #2, dated November 18 , 1960; and of Combs report #3, dated July 25, 1962. Mr. Welles felt the changes in the trade areas were very important -the primary trade area is now twice as large as it formerly was. Also, in the ·third Combs report, new competition from the west, south and east was indicated, but a reduction in competition from the north was indicated. Mr. Welles further noted that the current traffic reports used the trade areas as outlined in Combs reports 1 and 2 and not the recent trade areas defined in Combs Report #3. Therefore, Mr. Welles felt the Traffic Reports were not usable. A recess was called until 10:30 P.M. Mr. Blake Hiester 3600 South Gilpin -stated that the entire study and justification of this proposed C-3 shopping center is in a well established residential area. He did not feel that "c ompetition" was the proper f oundation for a zoning change request. Mr. Heister felt there were four features to be considered: 1. The need for additional shopping faci lities. 2. The change in character of the neighborhood. 3. Compatability with the overall regional plan. 4. Possible hardship to owner by not permitting request. Mr. Heister did not feel that development as a residential area would create a hardship. Mr. Heister submitted two copies of the "Market Value Impact by Reason of Cinderella City" and two copies of a letter up-dating this report to the Commission. Martin J. Deuth 2201 East Floyd Avenue -stated his group , the Northeast Englewood Citizens Committee, had been active since August of 1960. Mr. Deuth did not feel that Cinderella City was "wrong", only the location. It was further stated that more people in the area were signing petitions against the proposed development than did ori ginal ly. Mr. Deuth felt the developer is using Englewood only as a means to gain "financial ends". Mr. Deuth stated he was concerned about the drainage of the site. The run-off from a paved area is 4-1/2 times greater than run-off from unplowed land. Mr. Deuth felt that the Kent School property would go commercial once the residential zoning in that area was broken, and the two areas, when improved, would add 80 acres of paving to the drainage problem. Mr. Deuth was also concerned about the traffic problem. He felt the streets would need to be widened, and this would be at the City's expense. Mr. Deuth emphasized the fact that their streets are "quiet, neighborhood streets", and asked the Commission to deny the C-3 zoning. Mr. Deuth submitted a f older "Proposed Commercial Zoning KLZ Tract, Northeast Englewood Citizens Com- mittee;" a letter to Englewood Planning and Zoning Commission signed by Martin Deuth, Northeast Englewood Citizens Committee; and Tablet #1 of protestants signatures. Mr. James Murphy 2001 East Floyd Avenue -stated that he purchased his home in this area because he had no de- sire to live in a commercial area. He stated that homes around com- mercial areas are steadily on the market. Mr. Murphy felt nothing had been shown to cause this area to be zoned C-3. Mr. Harold Fedder 3271 South Gilpin -stated the opponents were fighting a "three-headed giant": politics, promoter and pecuniary power. Mr. Fedder brought forth the foll owing points for consideration: 1. 2. 3. 4. 5. Will the Planning Director be asked f or an opinion? Will the Arapahoe County zoning classification be c onsidered? Will the Planning Staff be asked for an opinion? KLZ site, if zoned C-3 will not stop "creeping commercialism". Wil 1 the -City "remember the past"? Mr. Joseph Little 3675 South Franklin stated he lived in Cherry Hills, 1-1/2 blocks south of proposed Cinderella City. He is a member o~ the Downtown Denver Improvement Association. He stated that he feels there are too many shopping centers. He further stated he fe lt the downtown Englewood Business District was one of the best in the state on open nights. Mr. Little did not feel there was any public necessity for the proposed shopping center. I I I I I I Page 667 Mr. Robert Davison Mayor of Cherry Hills wished to go on record that Cherry Hills officially opposes the Cinderella City development. Mr. R. E. Ratcliff 4025 South Inca -stated he was asked by 120 residents to represent them and to go on record as being opposed to the proposed development. No names were filed with the Commission. Mr. Ratcliff felt the Industrial areas should be developed, as they would offer more jobs. Mr. Ratcliff felt that reports were not of much use, as they were "usually estimates o~ opinions partially based upon facts which can be slanted to the desire of the originator." Mr. Fred Oman 3165 South York stated that in his opinion, Mr. Von Frellick is a genius and that he would like to see Mr. Von Frellick employed to rebuild downtown Englewood. Mr. Oman further stated he would like to see Cinderella City built, but not on the KLZ site. Mr. Dal Fonda 3500 South Franklin -stated that the opposition to Cinderella Ci~y ''was just beginning to fight." Mr. Tom Hudgins 23 County Homes Land -stated he bought right across from KLZ this last July. He does not want a shopping center to "spoil the beautiful view" his property affords. Mr. Alfred Cox 3140 South High -stated he did not want a shopping center in a residential area. If he had wanted to live by one, he would have purchased there. Mr. Von Frellick stated that he was aware there had been a great many mis-understandings, which he felt were unhealthy for the community. Mr. Von Frellick stated that three years of intensive research had been devoted to drainage by well qualified engineers and that they had reported there were no dangers of flood damage. Mrs. Baker 3342 South Ogden stated she had lived in Englewood 12 years, in the area known as "frog hollow". Mrs. Baker said she was in favor of Cinderella City, and was willing to "take a chance on Englewood City officials and Mr. Von Frellick." Miles moved: Love seconded: The hearing be closed. The motion carried unanimously. Miles moved: Pershing seconded: The zonin~ of the KLZ Site to C-3 be tabled for further consideration. The motion carried unanimously. Love moved: Miles seconded: The remainder of the agenda be dispensed with and the meeting be adjourned. The motion carried unanimously and the meeting was declared adjourned at 12:30 A.M., Friday, September 21, 1962. Respectfully submitted, Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Minutes of September 27, 1962 SPECIAL SESSION The meeting was called to order at 7:00 P.M. by Chairman Rice. Members present: Kreiling; Miles; Pershing; Rice Romans, Ex-officio Members absent: Hill; Love Also present: Assistant Director Hess Assistant Engineer Barde All members of the Commission were notified of the special meeting by phone prior to the day of the meeting, called for the purpose of studying the material presented at the Public Hearing by the applicant for the zoning and by those opposing the zoning. Mr. Rice reaffirmed that the meeting was called to discuss the proposed C-3 zoning of the KLZ site. Mr. Rice discussed briefly the Market Analysis review given at the Public Hearing by Mr. John Welles. Mr. Rice stated the differences cited by Mr. Welles in the trade areas to the north and south had not been projected at the time of the original Combs report, as Highway #70 had not been completed. This area was considered in the latest Combs Report, and mention of the changes was made in the report itself. Commission members were asked their opinion on the zoning request and were asked to bring up any questions that they might have on any of the material that 'had been presented.