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HomeMy WebLinkAbout1962-10-04 PZC MINUTESI I I CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Minutes of October 4, 1962 Regular Session The meeting was called to orde r at 8:10 P .M. by Chairman Rice. Members present: Hill; Kreiling; Miles; Pershing; Rice Romans, Ex-officio Members absent: Love Also present: City Attorney Esch Assistant Director Hess Assistant Engineer Barde I. APPROVAL OF MINUTES OF REGULAR SESSIONS Kreiling moved: Page 669 Pershing seconded: The minutes of September 6, 1962, and September 20, 1962 be approved as presented. The motion carried unanimously. II. YONKERS, THOMAS L. 3400 South Corona Mrs. Romans stated that Mr. Yonkers had planned to attend the meeting to discuss his problem with the Commission. He owns property in the 3400 block of South Corona and has two zone classifications on his property, R-1-D and C-2. The land Mr. Yonkers owns is adjacent to the greenhouse, which is a non-conforming use, and he does not feel that it is feasible to develop his property which is zoned R-1-D as such. Fertilizer is stored, by the owners of the greenhouse, outside, and would be very offensive to anyone living on Mr. Yonkers' property. Brief discussion ensued; the Commission determined that action should be deferred until Mr. Yonkers is present to discuss his proposal with them. III. PLEASANT VIEW RE-SUBDIVISION CASE #3-62H Mr. Walden presented the Final Plat for the re-subdivision of the Pleasant View Subdivision. The re-subdivision is for the entire 20 acre tract. Mr. Kreiling asked if all easements had been extended as required, and was answered in the affirmative. Mrs. Romans discussed the possible requirement of a performance bond on this subdivision to insure the proper installation of utilities and streets. City Attorney Esch stated it would be well to have the bond. Discussion followed. Miles moved: Kreiling seconded: The Final Plat of Pleasant View Re-subdivision be accepted and a Public Hearing date be set for October 18,1962; subject to the receival of a performance bond, the amount to be established by the City Engineer's Department. The motion carried unanimously. IV. CUMMINGS, R. Land located South of West Tufts Avenue bordering the Englewood Reservoir on the South, lying just East of South Pecos Street and West o f the City Ditch. Kreiling moved: -- -~ - - - - REZONING CASE #ll-62D R-1-D to M-1 Hill seconded: The matter of the Cummings Rezoning be removed from the table. The motion carried unanimously. Mr. Rice gave a report on the Public Hearing before the Arapahoe County Commissioners on the rezoning of the land to the north and west of the subject area. The land immediately north of Mr. Cummings will be rezoned R-3 (single-family) by the County; the northwest corner of this area will be rezoned to I-1 (light industrial) from I-2 (heavy industrial) with a recommendation to the Arapahoe County Planning Commission from the Board of County Commissioners to further consider zoning the area across West Tufts and by the tracks to a light Industrial classification. A brief backgr ound of this rezoning case was given by the Planning Director. Mrs. Romans stated she felt that if M-1 zoning were given Mr. Cummings' property, screening should be required for protection of the adjoining residential properties. Mr. Esch stated he did not favor requiring screening unless it was a requirement in the applicable Ordinance ; otherwise the City might be held responsible for the maintenance of such screening. Page 670 Discussion followed. Kreiling moved: Hill seconded: The Planning Commission recommend to City Council that Lots 3, 4, 5, and 6, Belle Isle Gardens 3rd Filing, be rezoned fr om R-1-D to M-1, and that no action be taken on the remaining land included in the request until such time as provisions are made in the Zoning Ordinance to require screening in an Industrial Zone if the development is adjacent to an existing residential use. The motion carried unanimously. V. HUGH B. TERRY . KLZ Site Miles moved: ZONING C-3 CASE #22-62E Pershing seconded: The matter of the Hugh B. Terry zoning be removed from the table. The motion carried unanimously. Mr. Rice reviewed the special work session called September 27, 1962 to go thr ough the material presented to the Commission by the proponents and opponents . No decisions had been made at that meeting . Mr. Hill stated he would like to ask Mr. Barde a few questions concerning the drainage. He asked if Mr. Barde felt the run-off water from this site could be contained in a pipe; Mr. Barde replied "yes". Mr. Hill then stated that he understood from the latest report, that the Engineer's Office felt Dry Creek was inadequate and asked if alterations had been made. Mr. Barde said he did not believe such a statement was made, and replied that there have been no alterations. Mr. Hill further stated he understood the bridges on Dry Creek were inadequate to carry the normal stream and asked how the proposed development would affect this. Mr. Barde replied that under present conditions, the bridges are adequate, but pointed out that 100-year storm would prove them inadequate. Mr. Barde further pointed out that the Creek bed had been straightened since the flood o f 1933, and the capacity was increased 30 to 40 per cent. Mr. Miles asked for a report on the Traffic Report. The Director gave a brief summation of I a report Mr. Munns, former Planning Director, had prepared, using information fr om the Meurer-Serafini-Meurer and Combs reports. Mr. Munns' report indicated that any traffic in- crease in the surrounding residential area would be nominal. Mrs. Romans asked Assistant Director Hess f or a report on his analysis of the Meurer-Serafini-Meurer Traffic Report. Mr. Hess briefly summarized the report. Reference material fr om the Colorado State Highway Depart- ment and 1958 data was used in the report. Hampden and University , with present and anticipated improvements , can carry the traffic increase the proposed development may bring. Mr. Hess pointed out that there are discrepancies, and he did not fee l the method used to determine I "generated traffic" was the best. Mr. Hess did not feel that shoppers at the proposed center would use the neighborhood streets, as they are off-set; he .felt people would use the desi gnated arterials as a means o f access. Discussion ensued. Kreiling moved: Pershing seconded: The f ollowing recommendation, resolution, and findings of the Commission be referred to the City Council: RESOLUTION WHEREAS: On August 6, 1962 , request of Time-Life Broadcast , Inc. was filed with this Com- mission and with the City Council of Englewood for the zoning of land owned by the Petitioner , genera lly known as the KLZ transmitter site, under Zone Classification "C-3" permitting the construction and operation o f a regional shopping center , and WHEREAS: The City Council has by res olution formally requested the report and recommendation of this Commission on the request for zoning, and WHEREAS: Acting in compliance and accordance with applicable statutes of Colorado, the Charter and Ordinances of the City o f Englewood, and its own rules and regulations, this Commission has duly considered the request for zoning.. As a part of its con- siderations , the Commission held a Public Hearing concerning the proposed zoning September 20, 1962, after duly published notice of hearing and posting o f the property, now therefore, be it RESOLVED: That the City Planning and Zoning Commission of the City of Englewood, acting at its regular meeting o f October 4, 1962 , hereby reports , advises, and recommends to the Honorable City Council of the City of Englewood as follows: That the tract of land of approximately 55 acres, owned by Time-Life Broadcast , Inc. should by Ordinance be classified for use as a regional shopping center under the "C-3" (Commercial District) classification use of Ordinance No. 45 , Series of 1955, as amended, known as the "Zoning Ordinance of the City o f Englewood". Said land is described by metes and bounds in Ordinance No. 17, Series of 1962, adopted on final consideration July 2, 1962, by the City Council o f Englewood. Further, this Commission resolves to report, advise and state to the City Council of Englewood that among the substantial reasons, findings and conclusions of this Commission on which this recommendation is based are these matters: On August 6, 1962anapplication was fi led by Time-Life Broadcast, Inc. with the Englewood Planning and Zoning Commission and the City Council requesting that the land known as the KLZ site be zoned a C-3 (Commercial) Zone District, which zone classification would permit the construction and operation of a regional shopping center. I I I I Page 671 In compliance with the Charter and Ordinances of the City of Englewood, and Statutes of the State of Colorado, the Council referred the application to the Commission for their study a nd recommendation. A Public Hearing concerning the proposed zoning was held by the Commission on September 20, 1962, after duly-published notice of hearing and posting of the property. The Commission has met and has in its hands all of the reports and other information submitted by the applicants requesting that the subject site be zoned C-3 Commercial for use as Regional Shopping Center and that submitted by those persons who oppose the zone classification. The members have evaluated the reports, Public Hearing, written material and all information of whatsoever kind was officially received by it with the assistance ~f the Planning Director and staff. The Planning and Zoning Commission, as an instrumentality of the City of Englewood must view zoning not only from the impact on the immediate neighborhood, but from the effect it will have on the City as a whole. In making their decision, the Commission has in mind the objectives and purposes of the Zoning Ordinance, Ordinance 45, Series of 1955, as amended. Having these objectives in mind , and in view of this evaluation by the Commission, they do agree on the f ollowing: 1. In 1961, the subject land was studied by this Commission and its proposed annexation to and zoning by the City of Englewood was recommended by this Commission on May 25, 1961. Subsequent action of the City Council annexing and zoning the subject land for commercial use (Ordinance No. 21, Series 1961) was invalidated by judgments and decrees of the District Court and the County Court in and for the County of Arapahoe and State of Colorado, in 1962. 2. The KLZ transmitter site was subsequently annexed to the City of Englewood by Ordinance No. 17, Series of 1962. 3. On the effective date of Ordinance No. 17, Series of 1962, the subject land was being used for purposes of radio broadcasting and has been used as a radio transmitter site since the early 1930's. The customary zone classification for such use is either "Commercial" or "Industrial". 4. Section 7 of Article I of the Englewood Zoning Ordinance states that any area annexed to the City shall be "automatically classified as R-1-A zone, unless or until a zoning plan for said area has been adopted pursuant to the provisions of this Ordinance." 5 . If said Section 7 is valid and enforceable as to the subject land , it would appear that the subject land is now a "nonconforming use" and that the owners could exercise the rights as to changing the status of a non-conforming use under Section 4, Article V of the Englewood Zoning Ordinance. Because of the annexation, it is appropriate and necessary that the land be properly brought under the coverage and control of the Englewood Zoning Ordinance consistent with the purposes of said Ordinance, among which are "to encourage the most appropriate use of land throughout the City and to insure a logical growth of the various physical elements of the City" under circumstances which "promote health, safety , morals and general welfare of the inhabitants of the City of Englewood." 6. Since the subject land and adjacent areas were originally zoned in 1940 for "residential- agricul tural" use by the Board of County Commissioners of Arapahoe County under a resolution prepared and certified to the Board of County Commissioners by the Cherry Hills District Planning Commission, there have been changes in the character of the area surrounding the subject land. No longer is the area a rural community; it is now a part of an urbanized community. There has been a considerable increase in population and more intensive use of the lands on the north, northeast and west of the subject land. 7. Kent School for Girls has been constructed on approximately 28 acres of land adjoining the subject site on the east. 8. There have been changes in the traffic system and traffic pattern: (a) Hampden Avenue has been widened and reconstructed into a major east-west arterial six-lane expressway. (b) South University , a major arterial, has been widened from Yale to Highway 70 this year, and will be reconstructed south of Highway 70 by the State Highway Department in 1963. The Denver Traffic Department has plans to restrict parking on South University from Yale to East Dartmouth and has requested the City of Englewood Traffic Department and the Arapahoe County Engineer to consider restricting parking between East Dartmouth and Highway 70 or East Hampden in order to carry the peak loads of traffic. (c) Floyd Avenue to the north of the subject site was designated as an arterial by the Englewoal City Council through Ordinance No. 18, Series of 1958. 9. The trend of recent years toward suburban living has brought about a greater use of automobiles, markedly changing retail shopping habits of residents of the Denver Metro- politan area and other comparable areas throughout the nation, stimulating the construc- tion of large ~scale shopping center facilities easily accessible to the shopper, with adequate parking facilities and well-planned retail stores developed as a single unit around one or more major department stores. 10 . Cherry Hills Village, by its Ordinance No. 3, Series of 1958, as amended, has zoned more than 70 acres of land in the village, fronting on Hampden Avenue and on South University Avenue, for Commercial use as "R.A.-1 --Resort Area District". Among the uses by right under said Cherry Hills Ordinance are "Residential and Resort Hotel and Retail Shops and Restaurants when attached to or forming a part of a residential and resort hotel." Main buildings under this Cherry Hills zoning may be constructed to a maximum height of 150 feet. 11. Subsequent to the original action of the City to zone the subject site C-3 (Commercial) for use as a regional shopping center, the Arapahoe County Planning Commission has recommended to the Board of County Commissioners of Arapahoe County the zoning of large acreages of land for shopping center use. One of these is approximately four and one- half miles south of the subject site on University Boulevard and another, several miles east of the subject site on Hampden Avenue. Both of these sites are in areas much less densely built up and urbanized than that in which the subject land is located. Page 672 12. In past years, Englewood has applied commercial zoning classification (C-2) to the strips of land fronting on and adjacent to Hampden Avenue. In accord with accepted modern planning principles, this Commission does not look with favor upon the creation of additional commercial "strip" zoning, which is one of the reasons the Commission recommended that the Englewood Zoning Ordinance be supplemented and modernized by the addition thereto of the "C-3" zone classification. This commercial (C-2) zoning is west o f the subject site. After full and serious consideration of all of the written and oral materials furnished to it by residents of Englewood, residents of unincorporated Arapahoe County, residents of Cherry Hills Village, and others ; and after review of the analyses and recommendations of its staff, this Commission agrees on the following findings: (a) (b) That the subject land, because of its size, location and accessibility, has unusual and peculiar suitability for development and use as a regional shopping center under the classification "C-3" of the Englewood Zoning Ordinance. That recommendation o f such use of the subject land under the special control features of the "C-3" zone classification is consistent with the planned and stated purposes of the Englewood Zoning Ordinance and particularly so in these respects: to conserve and stabilize the value of property; to provide adequate open spaces for light and air; to secure safety from fire; to prevent undue concentration of population (such, f or example, as might result from high-density apartment use); to serve and promote the convenience and general welfare of the inhabitants of Englewood. This Commission has necessarily considered arguments presented as to the possible and probable effects upon areas adjacent to or near the subject land if a regional shopping center is developed thereon. Among the effects suggested and the conclusions of this Commission thereon, after its studies, are these: (a) Reduction of value of nearby residences. Opponents of the proposed center have sub- mitted materials indicating that both the intrinsic and monetary values of nearby residences will be reduced. Proponents have submitted materials indicating that while some individuals do not desire to live near a shopping center, others do; but that insofar as monetary value is concerned, the concensus of persons knowledge- able in real estate transactions is that value of residential properties near modern large shopping centers is maintained or increased. The Commission, recognizing the sincerity of the arguments advanced on both sides, has weighed the argued possi- bility of injury or damage, adventages and benefits which would result from a modern regional shopping center on the site; and concludes that the benefits and advantages outweigh any possible injury or damage to adjacent or nearby properties, the reality of which is conjectural. In addition, the "C-3 " control provisions (i.e. extra-ordinary building set-backs, required screen planting along the entire perimeter of the shopping center land , strict limitations on the use of glaring lights, flashing signs, etc.) all will operate , as they are intended, to render shopping center use as compatible as possible with nearby residential properties. (b) Added burdens and problems o f Municipal Expenditures for Traffic Control, Storm Drainage , etc. (1) Hampden Avenue, State Highway #70, is designed to carry and does presently carry a heavy volume of traffic. The Commission concludes that additional traffic which would be generated by the proposed shopping center use would not ove r load the capacity of Hampden Avenue; and that the control provisions of the "C-3" as well as other o r dinances will enable the City to minimize the undue burden of automobile traffic upon residential streets. (2) Opponents o f the proposed shopping center use preduct heavy damage problems of storm water runoff fr om the subject land. The Commission recognizes that any development of any kind whatsoever on the KLZ land would increase the amount of runoff storm water now flowing from the land onto and across topographically lower lands, and that the amount of run- off produced by different types of uses and construction would vary in degree. The Commission has devoted considerable time to a study of the effects which shopping center use of the KLZ land might have on the storm drainage problems of the City. The Commission has reviewed preliminary plans submitted by the developers for an underground storm drainage system to be supplied at the developer's cost, and has reviewed written and oral comments presented to it on the storm drainage problem and has discussed the plan with the City Engineer's staff. The Commission concludes that "C-3" control provisions, relating to storm drainage systems, enable Englewood to furnish the needed protection, since ultimate construction and use of shopping center buildings and parking areas is denied unless and until storm draina ge facilities approved by the City Engineering Department and the City Council are provided. (c) This Commission determines that if the subject land were developed for residential use, under any of the densities permitted by the Englewood Zoning Ordinance , the result would most certainly be to require substantial increases in both operating costs and capital improvement expenditures of the City of Englewood as well as the costs and expenditures of the Englewood School District No. 1 and Cherry Creek School District No. 5. On the other hand, Commercial use of the subject land cannot increase school capital and operating expenditures; and resultant City of Englewood costs would be unquestion- ably lower in relation to commercial land than in relati on to any residential use. I I I I I I (d) Page 673 The Reliance and Protection of Existing Business Theories. Some of the opponents o f Commercial zoning for the subject land have stated that they purchased their nearby residential properties "in reliance" upon continued residential zoning of the KLZ land , to the extent that if there was any change in use of the KLZ land from radio broadcasting , the change should be only to a single-family residential zone classification; and that therefore the zoning request should be denied. Such a zoning theory, if followed, would freeze, regardless of any changes in circumstances, ori gina l zoning and would render the policy of this or any other municipality inflexible and necessarily, therefore, arbitrary and unreasonable. Some of the opponents and their representatives also have stated that shopping center use of the subject land would reduce the volume of business done by those presently engaged in retail businesses in Englewood and Denver, and therefore, the request should be denied. Zoning can not and should not be used simply to protect existing businesses , pre- vent new competitive free enterprise, and freeze the economy o f the City of Englewood or any other zoning jurisdiction. Also, the extent of conjectural re- ductions or increase of business for other presently existing retail outlets is debatable. One study (Preliminary Memorandum Retail Commercial Development, Larry Smith and Company) has recommended that the Englewood Central Business District support the proposed shopping center and then concentrate on strengthening its merchandising in a complimentary fashion to the center. Many uses by right in the C-1 (Commercial) zone classification are not permitted uses in the C-3 zone classi- fication. It would seem that the central business district could supplement and compliment the proposed shopping center by providing convenient internal vehicular circulation, additional free parking for customers, pleasant shopping areas and adequate merchandising and service concerns. The Commission further feels that the people in the community have expressed a need for additional shopping facilities and that many of them are now shopping in Denver for items that are not available in Englewood. The Commission is cognizant of the fact that there were many persons opposed to the shopping center at the Public Hearing. Of those attending, the Hearing on September 20, 1962 , who were opposed to the zoning, 179 were residents within the City of Englewood, and 170 reside outside ·of the City of Englewood. The opponents also filed petitions signed by 68 persons who own property within 100 feet of the proposed site. Twelve petitions signed by 368 persons of which 23 were residents of the City and 345 outside of the City,were presented in opposition to the zoning. The Commission is also mindful that 6720 persons who reside within the City of Englewood signed petitions in 1961 in favor of the zoning of the KLZ site for a regional shopping ·center; and that 87 persons who are in business in Englewood signed a petition addressed to Mr. Gerri Von Frellick, Von Frellick Associates, 42 Lakeside Center, Denver 12 , Colorado, stating that they would support the annexation of the KLZ site to the City of Englewood and its subsequent zoning as a C-3 zone classification for use as a r~gional shopping center." Mr. Hill asked to examine the petition presented to Mr. Von Frellick signed by businessmen of downtown Englewood. After reading the petition, Mr. Hill stated he wished to submit the petition as being misrepresented -he did not feel the signers were retail-businessmen, but businessmen whom the proposed would not affect, namely lawyers , bankers , etc. It was explained to Mr. Hill that the petition was not presented as being signed by retail businessmen , but as businessmen of downtown Englewo"Ocf':'" It was also pointed ou t that Mr. Burt had signed the petition, and that he is the owner of one o f the largest retail businesses in the City. The result of the vote: AYES: Kreiling, Miles, Pershing , Rice NAYS: Hill ABSENT: Love The motion carried. VI. MINUTES OF SPECIAL SESSION Miles moved: Pershing seconded: The minutes of the special session of September 27 , 1962 be approved as written. AYES: Kreiling, Miles, Pershing , Rice NAYS: None ABSTAINING: Hill ABSENT: Love The motion carried. II(a). YONKERS, THOMAS L. 3400 South Corona ~ -------- - - Mr. Yonkers apologized for not being present when the matter was first discussed. He stated that, as matters are now, his hands are tied, he can only pay taxes and grow weeds on his property. The owners of the greenhouse will not agree to a rezoning -they feel it would raise their taxes, -nor will they consent to purchase his property. He stated he would like a zone classification which would permit him to build office buildings on his property. Discussion ensued. Page 674 The Commission agreed to discuss the situation and attempt to find a solution for Mr. Yonkers at a future date. VII. PROPOSED EXTENSION OF M-1 ZONE Mrs. Romans stated she had been contacted by a resident in the 2700 block South Delaware. The block is presently zoned R-2-B and ~he gentleman does not feel he can deve~op his property under this classification. · There is heavy industrial zoning across the Delaware-Elati alley to the west and industrial zoning north of Yale in Denver. The gentleman would be interested in an M-1 zone classification. Discussion followed; no action was taken. VIII. BUILDING PERMIT REQUIREMENTS I A memorandum from the Building Inspector was read to the Commission. Applications for per- mits were handed the members for their study. Discussion followed. Hill moved: Miles seconded: ,, •' I That the Commission recommend to the City Manager for his consideration that the application form for building permits be amended to state that the location of easements and rights-of-way, public or private , would be required to be .shown on the Plot Plan. The motion carried unanimously. Miles moved: Hill seconded: The meeting be adjourned. The motion carried, and the meeting was adjourned at 10:30 P.M. Respectfully submitted , Gertrude G. Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNOIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE: October 4 , 1962 SUBJECT: Approval of C-3 Zone Classification for KLZ Site. RECOMMENDATION: Kreiling moved: Pershing seconded: The following recommendation, resolution, and findings of the Com- mission be referred to the City Council: RESOLUTION WHEREAS: On August 6, 1962, request of Time-Life Broadcast, Inc. was filed with this Com- mission and with the City Council of Englewood for the zoning of land owned by the Petitioner, generally known as the KLZ transmitter site, under Zone Classifi- cation "C-3" permitting the construction and operation of a regional shopping center , and WHEREAS: The City Council has by resolution formally requested the report and recommendation of this Commission on the request for zoning, and WHEREAS: Acting in compliance and accordance with applicable statutes of Colorado, the Charter and Ordinances of the City of Englewood, and its own rules and regula- tions, this Commission has duly considered the request for zoning. As a part of its considerations, the Commission held a Public Hearing concerning the proposed zoning September 20 , 1962, after duly-published notice of hearing and posting of the property, now therefore, be it RESOLVED: That the City Planning and Zoning Commission of the City of Englewood, acting at its regular meeting of October 4, 1962, hereby reports, advises, and recommends to the Honorable City Council of the City of Englewood as follows: That the tract of land of approximately 55 acres, owned by Time-Life Broadcast, Inc. should by Ordinance be classified for use as a regional shopping center under the "C-3" (Commercial District) classification use of Ordinance No. 45, Series of 1955, as amended, known as the "Zoning Ordinance of the City of Englewood". Said land is described by metes and bounds in Ordinance No. 17, Series of 1962 , adopted on final consideration July 2, 1962, by the City Council of Englewood. Further , this Commission resolves to report , advise and state to the City Council of Englewood that among the substantial reasons, findings and conclusions of this Commission on which this recommendation is based are these matters: I I I I I I Page 675 On August 6, 1962 an application was filed by Time-Life Broadcast, Inc. with the Englewood Planning and Zoning Commission and the City Council requesting that the land known as the KLZ site be zoned a C-3 (Commercial) Zone District , which zone classifica- tion would permit the construction and operation of a regional shopping center. In compliance with the Charter and Ordinances of the City of Englewood , and Statutes of the State of Colorado, the Council referred the application to the Commission for their study and recommendation. A Public Hearing concerning the proposed zoning was held by the Commission on September 20, 1962, after duly-published notice of hearing and posting of the property. The Commission has met and has in its hands all of the reports and other information submitted by the applicants requesting that the subject site be zoned C-3 Commercial for use as Regional Shopping Center and that submitted by those persons who oppose the zone classification. The members have evaluated the reports, Public Hearing, written material, and all information of whatsoever kind was officially received by it with the assistance of the Planning Director and staff. The Planning and Zoning Commission, as an instrumentality of the City of Englewood , must view zoning not only from the impact on the immediate neighborhood, but from the effect it will have on the City as a whole. In making their decision, the Commission has in mind the objectives and purposes of the Zoning Ordinance , Ord inance 45 , Series of 1955 , as amended. Having these objectives in mind , and in view of this evaluation by the Commission , they do agree on the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. In 1961, the subject land was studied by this Commission and its proposed annexa- tion to and zoning by the City of Englewood was recommended by this Commission on May 25, 1961. Subsequent action of the City Council annexing and zoning the sub- ject land for commercial use (Ordinance No. 21, Series of 1961) was invalidated by judgements and decrees of the District Court and the County Court in and for the County of Arapahoe and State of Colorado , in 1962. The KLZ transmitter site was subsequently annexed to the City of Englewood by Ordinance No. 17, Series of 1962. On the effective date of Ordinance No. 17 , Series of 1962, the subject land was being used as a radio broadcasting and has been used as a radio transmitter site since the early 1930's. The customary zone classification for such use is either "Commercial" or "Industrial". Section 7 of Article I of the Englewood Zoning Ordinance states that any area annexed to the City shall be "automatically classified as R-1-A zone, unless or until a zoning plan for said area has been adopted pursuant to the provisions of this Ordinance." If said Section 7 is valid and enforceable as to the subject land, it would appear that the subject land is now a "non-conforming use" and that the owners could exercise the rights as to changing the status of a non-conforming use under Section 4, Article V of the Englewood Zoning Ordinance. Because of the annexation, it is appropriate and necessary that the land be properly brought under the coverage and control of the Englewood Zoning Ordinance consistent with the purposes of said Ordinance, among which are "to encourage the most appropriate use of land throughout the City and to insure a logical growth of the various physical elements of the City" under circumstances which "promote health, safety, morals and general welfare of the inhabitants of the City of Englewood." Since the subject land and adjacent areas were originally zoned in 1940 for "residential-agricultural" use by the Board of County Commissioners of Arapahoe County under a resolution prepared and certified to the Board of County Com- missioners by the Cherry Hills District Planning Commission, there have been changes in the character of the area surrounding the subject land. No longer is the area a rural community; it is now a part of an urbanized community. There has been a considerable increase in population and more intensive use of the lands on the north, northeast and west of the subject land. Kent School for Girls has been constructed on approximately 28 acres of land ad- joining the subject site on the east. There have been changes in the traffic system and traffic pattern: (a) Hampden Avenue has been widened and reconstructed into a major east-west arterial six-lane expressway. (b) South University , a major arterial, has been widened from Yale to Highway 70 this year, and will be reconstructed south of Highway 70 by the State Highway Department in 1963. The Denver Traffic Department has plans to restrict parking on South University from Yale to East Dartmouth and has requested the City of Englewood Traffic Department and the Arapahoe County Engineer to con- sider restricting parking between East Dartmouth and Highway 70 or East Hampden in order to carry the peak loads of traffic. (c) Floyd Avenue to the north of the subject site was designated as an arterial by the Englewood City Council through Ordinance No. 18, Series of 1958. The trend of recent years toward suburban living has brought about a greater use of automobiles, markedly changing retail shopping habits of residents of the Denver Metropolitan area and other comparable areas throughout the nation, stimulating the construction of large-scale shopping center facilities easily accessible to the shopper , with adequate parking facilities and well-planned retail stores developed as a single unit around one or more major department stores. Page 676 10. Cherry Hills Village , by its Ordinance No. 3, Series of 1958, as amended , has zoned more than 70 acres of land in the village, fronting on Hampden Avenue and on South University Avenue, for Commercial use as "R.A.-1 --Resort Area District". Among the uses by right under said Cherry Hills Ordinance are "Residential and Resort Hotel and Retail Shops and Restaurants when attached to or forming a part of a residential and resort hoteV' Main buildings under this Cherry Hills Zoning may be constructed to a maximum height of 150 feet. 11. Subsequent to the original action of the City to zone the subject site C-3 (Com- mercial) for uses as a regional shopping center, the Arapahoe County Planning Com- mission has recommended to the Board of County Commissioners of Arapahoe County the zoning of large acreages of land for shopping center use. One of these is approximately four and one-half miles south of the subject site on University Boulevard and another, several miles east of the subject site on Hampden Avenue. Both of these sites are in areas much less densely built up and urbanized than that in which the subject land is located. 12. In past years , Englewood has applied commercial zoning classification (C-2) to the strips of land fronting on and adjacent to Hampden Avenue. In accord with accepted modern planning principles, this Commission does not look with favor upon the creation of additional commercial "strip" zoning , which is one of the reasons the Commission recommended that the Englev.ood Zoning Ordinance be supplemented and modernized by the addition there of the "C-3" zone classification. This commercial (C-2) zoning is west of the subject site. After full and serious consideration of all of the written and oral materials furnished to it by residents of Englewood, residents of unincorporated Arapahoe County, residents of Cherry Hills Village, and others; and after review of the analyses and recommendations of its staff, this Commission agrees on the following findings : (a) That the subject land., because of its size, location, and accessibility, has unusual and peculiar suitability for development and use as a regional shopping center under the classification "C-3" of the Englewood Zoning Ordinance . (b) That recommendation of such use of the subject land under the special control featur~s of the "C-3" zone classification is consistent with the planned and stated purposes of the Englewood Zoning Ordinance and particularly so in these respects: To conserve and stabilize the value of property; to provide adequate open spaces for light and air; to secure safety from fire; to prevent undue concentration of population (such, for example, as might result from high-density apartment use) ; to serve and promote the convenience and general welfare of the inhabitants of Englewood. This Commission has necessarily considered arguments presented as to the possible and probable effects upon areas adjacent to or near the subject land if a regional shopping center is developed thereon. Among the effects suggested and the conclusions of this Commission thereon, after its studies , are these: (a) Reduction of value of nearby residences. Opponents of the proposed center have submitted materials indicating that both the intrinsic and monetary values of nearby residences will be reduced. Proponents have submitted materials indicating that while some individuals do not desire to live near a shopping center , others do; but that insofar as monetary value is concerned, the concensus of persons knowledgeable in real estate transactions is that value of residential properties near modern large shopping centers is maintained or increased. The Commission, recognizing the sincerity of the arguments advanced on both sides, has weighed the argues possibility of injury or damage, advantages and benefits which would result from a modern regional shopping center on the site; and concludes that the benefits and advantages outweigh any possible injury or damage to adjacent or nearby properties , the reality of which is conjectural. In addition, the "C-3" control provisions (i.e. extra-ordinary building set- backs, required screen planting along the entire perimeter of the shopping center land, strict limitations on the use of glaring lights, flashing signs, etc.) all will operate, as they are intended, to render shoppiDg center use as compatible as possible with nearby residential properties. (b) Added burdens and problems of Municipal Expenditures for Traffic Control, Storm Drainage, etc. (1) Hampden Avenue, State Highway #70 , is designed to carry and does presently carry a heavy volume of traffic. The Commission concludes that additional traffic which would be generated by the proposed shopping center use would not overload the capacity of Hampden Avenue; and that the control provisions of the "C-3" as well as other ordinances will enable the City to minimize the undue burden of automobile traffic upon residential streets. (2) Opponents of the proposed shopping center use predict heavy damage problems of storm water runoff from the subject land. The Commission recognizes that any development of any kind whatsoever on the KLZ land would increase the amount of runoff storm water now flowing from the land onto and across topographically lower lands , and that the amount of runoff produced by different types of uses and construction would vary in degree. The Commission has devoted considerable time to a study of the effects which shopping center use of the KLZ land might have on the storm drainage problems of the City. The Commission has reviewed preliminary plans sub- mitted by the developers for an underground storm drainage system to be supplied at the developer's cost, and has reviewed written and oral comments presented to it on the storm drainage problem and has discussed the plan with the City Engineer's staff. I I I I I I Page 677 Th.e Commission concludes that "C-3" control provisions, relating to storm drainage systems, enable Englewood to furnish the needed protection, since ultimate construction and use of shopping center buildings, and parking areas is denied unless and until storm drainage facilities approved by the City Engineering Department and the City Council are provided. (c) This Commission determines that if the subject land were developed for residential use, under any of the densities permitted by the Eng lewood Zoning Ordinance, the result would most certainly be to require sub- stantial increases in both operating costs and capital improvement ex- penditures of the City of Englewood as well as the costs and expenditures of the Englewood School District No. 1 and Cherry Creek School District No. 5. On the other hand, Commercial use of the subject land cannot increase school capital and operating expenditures, and resultant City of Englewood costs would be unquestionably lower in relation to commercial land than in relation to any residential use. (d) The Reliance and Protection of Existing Business Theories. Some of the opponents of Commercial zoning for the subject land have stated that they purchased their nearby residential properties "in reliance" upon continued residential zoning of the KLZ land , to the extent that if there was any change in use of the KLZ land from radio broadcasting, the change should be only to a single-family residential zone classification; and that therefore the zoning request should be denied. Such a zoning theory , if followed, would freeze, regardless of any changes in circumstances, original zoning and would render the policy of this or any other municipality inflexible and necessarily, therefore, arbitrary and unreasonable. Some of the opponents and their representatives also have stated that shopping center use of the subject land would reduce the volume of business done by those presently engaged in retail businesses in Englewood and Denver, and therefore, the request should be denied. Zoning can not and should not be used simply to protect existing businesses, prevent new competitive free enterprise, and freeze the economy of the City of Englewood or any other zoning jurisdiction. Also, the extent of conjectural reductions or increase of business for other presently existing retail outlets is debatable. One study (Preliminary Memorandum Retail Commercial Development , Larry Smith and Company) has recommended that the Englewood Central Business District support the proposed shopping center and then concentrate on strengthening its merchandising in a complimentary fashion to the center. Many uses by right in the C-1 (Commercial) zone classification are not permitted uses in the C-3 zone classification. It would seem that the central business district could supplement and compliment the proposed shopping center by providing convenient internal vehicular circulation, additional free parking for customers, pleasant shopping areas and adequate merchandising and service concerns. The Commission further feels that the people in the community have ex- pressed a need for additional shopping facilities and that many of them are now shopping in Denver for items that are not available in Englewood. The Commission is cognizant of the fact that there were many persons opposed to the shopping center at the Public Hearing. Of those attending the Hearing on September 20 , 1962, who were opposed to the zoning, 179 were residents within the City of Englewood, and 170 reside outside of the City of Englewood. The opponents also filed petitions signed by 68 persons who own property w~thin 100 feet of the proposed site. Twelve petitions signed by 368 persons of which 23 were residents of the City and 345 outside of the City were pre- sented in opposition to the zoning. The Commission is also mindful that 6720 persons who reside within the City of Englewood signed petitions in 1961 in favor of the zoning of the KLZ · site for a regional shoppin g center ; and that 87 persons who are in business in Englewood signed a petition addressed to Mr. Gerri Von Frellick, Von Frellick Associates, 42 Lakeside Center, Denver 12, Colorado, stating that they would support the annexation of the KLZ site to the City of Englewood and its sub- sequent zoning as a C-3 zone classification for use as a regional shopping center." The result of the vote: AYES: Kreiling , Miles, Pershing, Rice NAYS: H·ill ABSENT: Love The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary Page 678 MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: October 4, 1962 SUBJECT: Partial Approval o f Rezoning Request RECOMMENDATION: The Planning Commission recommend to City Council that Lots 3, 4, 5, 6, and 7, Belle Isle Gardens, Third Filing, be rezoned from R-1-D to M-1, and that no action be taken on the remaining land included in the re- quest until such time as provisions are made in the Zoning Ordinance to require screening in an Industrial Zone if the development is adjacent to an existing residential use. 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 October 18, 1962 The Regular Session of the Englewood Planning and Zoning Commission was called to orde r at 8:00 P.M. by Vice-Chairman Pershing. Members present: Hill; Kreiling; Love; Miles; Pershing Members absent: Rice; Romans, Ex-officio Also present: Assistant Director Hess I. APPROVAL OF MINUTES Miles moved: Hill seconded: The minutes of Octobe r 4, 1962 be approved as presented. The motion carried unanimously. II. PLEASANT VIEW RE-SUBDIVISION Fred Walden Kreiling moved: Miles seconded: The Public Hearing be opened . The motion carried unanimously. CASE #3-62I Mr. Hess gave a brief summary of the proposed re-subdivision. The Final Plat was filed with the Commission on October 4, 1962 . A Pµblic Hearing date was set at that time and notices had been mailed, by registered mail, to all property owners within the proposed re-subdivision and to owners of adjoining property. Sta.ff review of the proposed re-subdivision revealed a few additions and changes to be made on the plat. Mr. Nicholls had met with Mr. Hess and had discussed these changes and additions, and has made the necessary corrections on the Plat. Mr. Hess pointed out the fact that the Subdividers have not yet complied with two requirements: 1. The City Attorney has stated that the names of holders of Trust on the properties be given on the Plat. 2 . A Performance Bond of $50,000 dollars has not been posted for the installation of curb, gutter, etc. Mr. Harry Carleno stated he had assisted with the annexation of this area. A zoning request f o r R-2 was denied by the Commission, but the area was subsequently zoned R-1-C. He stated he was now representing the property owners in their attempt to subdivide the area. Mr. Carlena filed with the Commission an original and three copies of "Addendum to Plat o f Pleasant View Subdivision, Second Filing, Dated October 2, 1962", listing the owners of Trust on the properties. Mr. Carlena stated the builder, Mr. London, has contracts for all the property but Block 5. Mr. Browning, the owner of Block 5, has indicated a desire to develqJ his property himself. Mr. Carleno presented a proposal on the Performance Bond , whereby Mr. London would post a Bond of $6500 as development for each block began. Mr. Browning has said he would post similar Bond f or the development of his property. Brief discussion among the Commission ensued. Mr. Pershing asked if there was any one present in opposition . I· I I