Loading...
HomeMy WebLinkAbout1965-05-19 PZC MINUTESI I I I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION May 19, 1965 Regular Meeting Page 849 The regular meeting of the City Planning and Zoning Commission was called to order at 8:05 P.M. by Chairman Carlson. Members present: Woods, Rice, Parkinson, Fullerton, Carlson Romans, Ex-officio Members absent: Touchton City Officials present: City Attorney John Criswell Audience: Mrs. Dorothy Medsker; Mrs. Norgaard; Messrs. Hill, Norgaard, Berwick, Stites, Sachter. Mr. Carlson welcomed the audience to our meeting. II. APPROVAL OF MINUTES. Mr. Carlson stated the Minutes of May 12, 1965, were to be considered for approval. Parkinson moved: Fullerton seconded: The Minutes of May 12, 1965, be~proved as written. The motion carried unanimously. III. MR. HERBERT BERWICK 3200 South Broadway NON-CONFORMING USE Service Station CASE #7-65 Mr. Berwick stated he was the owner of the property at 3200 South Broadway. At one time, there was a filling station use on that property; this use is non-conforming in the B-1 Business District. He stated that he had been granted a variance by the Board of Adjust- ment and Appeals at the meeting of that Board on February 10, 1965, to continue the use as a filling station. The use had not previously been registered as non-conforming with the City. Mr. Berwick stated that the station was built in 1931 and operated as such; the station is in need of repair, but under the provisions of the 1963 Comprehensive Zoning Ordinance, there are restrictions on the repair and remodeling of non-conforming uses. Mr. Berwick stated that Mr.Stites is a prospective renter of the property and that Mr. Stites would like permission to remodel the structure in order that a caretaker might live on the premises. Mr. Stites is proposing a self-service filling station, and he feels it is desirable for a person to be on the property at all times. Mr. Woods asked why there was need for a care-taker at such a service station? Mr. Berwick replied that the self-help pumps are often vandalized, and he would not feel it feasible to install such an operation if the care-taker would not be permitted to reside on the premises. Mr. Carlson asked Mr. Berwick what the size of his property is? Mr. Berwick stated he owned 75 foot frontage on Broadway; his ownership extends to the Broadway-Lincoln alley. Mr. Stites stated he installed a self-help filling station 38 years ago and it has been a success. He has recently opened another station at 2200 West Evans Avenue, which is in Englewood. Mr. Touchton entered and was seated with the Commission. Mrs. Romans reviewed the permitted uses in the B-1 Zone District. It was pointed out that there is provision in the industrial zone districts for a care-taker to live on the site; however, such provision is not made in the business districts. The present zoning of the area was discussed. The possibility of extending the B-2 zoning on Broadway south to Eastman Avenue in order that the filling station use would be a permitted use rather than a non- conforming use was discussed. The B-1 zoning in the 3200 block extends eastward to the Lincoln-Sherman alley; however, the majority of this area is developed residentially. An extension of the R-3-B in this area was also suggested. Discussion followed. Mr. Rice commented that he felt living quarters for a care-taker at a filling station would be very hazardous. Mr. Parkinson questioned that permission for residence in such an in- stance could be limited to one person. Mr. Stites pointed out that the Board of Adjustment and Appeals granted a variance of this type for his station at 2200 West Evans. He further stated there was no storage of liquids within the structure itself. He did state that canned oil etc. were stored in the structure. He further stated that permission was granted to have a small furnace --30 inches high --at the station at 2200 West Evans and that the Fire Department has approved the operation. Considerable discussion ensued. Mr. Stites commented that in his opinion the usual type filling station would not be feasible at the 3200 South Broadway location. Mr. Parkinson asked why the difference in the usual type filling station and the self-help? Mr. Stites pointed out that the self-help filling station is getting away from the labor problem --that the usual type station would have to pay their employees, and they would not do enough business to make it pay. Mr. Woods asked if the self-help filling stations were allowed in Denver? Mr. Berwick re- plied that they are not allowed at the present time. Mr. Parkinson asked when the variance by the Board of Adjustment and Appeals was granted to Mr. Berwick? The Minutes of the Board of Adjustment and Appeals were reviewed; the variance was granted at the February 10, 1965, meeting under Case #65-5. Discussion followed. Page 850 Fullerton moved: Touchton seconded: The subject be tabled to enable the Commission to examine the subject site, and for further general consideration. The motion carried unanimously. IV. MASTER PLAN Core Area Traffic CASE #2-65F May 1 2 , 1965 April 21, 1965 April 14, 1965 March 17, 1965 February 14, 1965 February 10, 1965 Mrs. Romans stated that the merchants in the core area are very much interested in the means of implementing the traffic pattern which was recommended to the City Council by the Planning Commission. This encompasses the one-way street pattern, the acquisition of the off-street parking lots, and the removal of angle parking. The Planning Director commented that some of the merchants felt that if the main problem in the core area is to carry traffic, the one-way street pattern on Sherman and Bannock should be instituted immediately. This would relieve some of the commuter traffic on Broadway and would possibly eliminate the need to replace the angle parking spaces with parallel parking. Mr. Norgaard stated he felt the plan as a whole was good; he further stated he would like to see it implemented in an orderly manner. He commented the merchants on Broadway are upset over the prospect of losing 66 parking spaces when the angle spaces are converted to parallel spaces. Mr. Norgaard stated that the loss of these spaces coul d be a great loss to the merchants, and to the City; loss to the merchants in total retail sales, and loss to the City in sales tax which could be obtained from these additional sales. Mr. Norgaard further stated he felt the off-street parking sites should be secured and some assurance had that these sites would remain as off-street parking sites. He felt the financing of these pro- posed sites must be a city project; that it could not be done by private enterprise. He pointed out that the City had the right of eminent domain and could finance such a project through the issuance of bonds. He asked City Attorney Criswell for verification of the City's ability to finance a bond issue. Mr. Criswell stated that General Revenue Bonds could be issued for such a project. Mr. Norgaard further discussed means of financing the purchase of off-street parking areas. He suggested these methods: (1) An Improvement District within the Core Area; (2) Impose a Business & Occupational Tax on those within the Core Area; (3) Charg e businessmen and employees who park their cars all day for the use of the parking space. Mr. Norgaard pointed out that these three methods will affect those who will use and benefit from the parking spaces , the property owner, and the businessman, and the person using the parking spaces for an extended length of time. Mr. Fullerton asked if this was the majority opinion of the merchants in the Core Area? He asked if they would oppose an Improvement District if one were formed? Mr. Norgaard said he felt they would be willing to pay for the parking lots by this means. Mr. Fullerton then asked how those businessmen presently providing parking would be considered. He questioned whether or not they would be included in the Improvement District if it were formed? Mr. Norgaard stated he did not know, but he did not feel that those businesses presently pro- viding adequate parking should be required to help finance parking for the entire area. Mrs. Romans asked Mr. Norgaard if he had considered how the residences in the Core Area would be treated in an Improvement District? Whether or not they would be assessed as the businesses or excluded from the Improvement District was then discussed. The possibility of private acquisition of these lots was discussed. Mr. Norgaard stated that Englewood Unlimited could help in the acquisition of these properties, but pointed out that there would still be the problem of up-keep of the lots. Also, there could be the question of future availability of these lots for parking. He asked about the possiblity of the land being acquired by a private corporation and leased to the City. Mr. Hill asked if the property could be bonded to cover one-half of the fina n ci al cost, and cover the other half the cost with the Business and Occupational Tax revenue? Discussion followed. Mr. Criswell stated that according to the State Statutes, if a special district were established a City could issue bonds equal to 25% of the assessed valuation; this would not be against the City, but against the special improvement district, He further stated he did not feel a "District" would have the power to levy or establish a business license or tax; the City would, but he felt it would need to be City wide, and not confined to the Core Area. Further discussion ensued; Mr. Norgaard commented he felt the residence property in the Core Area should be taxed if an Improvement District is formed, as the owners of this property would stand to gain from the Impro v ement District also. Mr. Parkinson pointed out that the inclusion of the residential properties would make the entire Improvement District much more difficult to form. Mr. Hill commented that if it would make the District easier to form and eliminate opposition, he would rather exclude the residential properties and pay a greater assessment on his property to get the District implemented. He further commented he had talked to several merchants in the 3400 block South Broadway; they are interested in developing Broadway and in acquiring sufficient off-street parking. He stated he felt the City had a large interest in this project, and felt the merchants and City should work to- gether for the development of the downtown area. Further discussion on the financing of off-street parking lots followed. Mr. Sachter suggested the possibility of assessing the merchants on a frontage basis to finance the parking lots. Mr. Carlson pointed out that the parking requirements would vary from business to business, but the assessments would have to be equal. I I I I I Page 851 M~. Fullerton asked about the feasibility of a lease-purchase basis of financing the lots? Discussion followed; Mr. Criswell indicated the City could join a lease-purchase agreement on a "joint venture basis". Mr. Hill commented he did not feel this would give sufficient authority for the collection of the assessment on some properties. Further discussion followed. The discussion will be continued at the meeting of June 9, 1965. V. ENGLEWOOD STATE BANK Mr. Cartwright Mr. Wendell Martin CASE #3-65C April 21, 1965 April 14, 1965 March 31, 1965 Mrs. Romans stated there had been no further contact with the Planning Office from either Mr. Cartwright or Mr. Martin. VI. MIDWEST -ATLAS WRECKING YARDS Mr. Kenneth Tuten Mr. Bill Cotter Mr. Lee Cotter CASE #5-65A May 12, 1965 The Planning Director discussed the proposed merger of t h e Midwest and Atlas Wrecking Yards. The City Attorney has stated that in his opinion, the Board of Adjustment and Appeals could grant a variance that would permit the merger; however, the Board members have asked their Secretary to obtain a recommendation from the Planning Commission. Discussion followed. Fullerton moved: Rice seconded: The Planning Commission recommend to the Board of Adjustment and Appeals that the merger of the Midwest and Atlas Wrecking Yards be approved. It is suggested that the Board request a covenant from the owners of the At la s Wrecking Yard restri c ting future use o f the land as an Auto Wrecking Yard, and if required by the City Council, to further request the dedication of 3 0 ft. right-of-way for West Bates Avenue fr om said property owners. The motion carried unanimously. VII. ARAPAHOE COUNTY PLANNI NG OFFICE Zoning Referral -South of West Belleview, West of Broadway. Mrs. Romans stated a zoning referral from Arapahoe County had been received for Commission consideration. The area is south of West Belleview Avenue, west of S outh Broadway, north of West Lehow Avenue, east of South Cherokee Street extended. The area is proposed for commercial zoning. Discussion followed. Mr. Rice asked if this area was under County jurisdiction. Mr. Criswell stated the st a tus of this area is indefinite, the suit is pres- ently before the Supreme Court on appeal; however, he commented that any action taken by the County in the area prior to the Supreme Court decision would be considered proper. Mr. Rice felt the zoning plan which the City had proposed for the area following the annexation was more feasible than the proposed mass extension of commercial zoning along Belleview Avenue. The Public Hearings held before the Planning Commission and City Council on the zoning of the entire area were reviewed and discussed. Mr. Fullerton commented that he felt the commercial zoning along Broadway was sufficient without extending it along Belleview. The business use contemplated for this area was discussed. The Director displayed a plot plan for the K-Mart Supermarket which is proposed for this site. The plot plan does not show screening between the proposed commercial area and the residential area to the west. The Com- mission members felt there should be provision for screening between the area proposed for commercial zoning and the residential area to the west if the requested zoning is granted. The traffic which will b e created by this commercial development and the hazardous conditions presently existing along Belleview Av enue were discussed. It was felt by the Commission that consideration should be given to requiring limited access on Belleview Avenue. Further discussion followed. Rice moved: Fullerton seconded: The Planning Director be instructed to answer the zoning referral from Arapahoe County Planning Department pointing out the concern of the City Planning Commission about the extension of the commercial zoning on West Belleview Avenue; the lack of screening pro vi sions, and the traffic ha z a rds on West Belleview Avenue. Discussion of the motion followed. Upon the call of the role, the motion carried unanimously. VIII. PLANNED UNIT DEVEL OPMENT CASE #8-65 S. Washington & Floyd Avenue The Planning Director stated Mr. Ray Shelton had contacted the office to discuss the possible construction of a planned unit development at South Wa shington Street and East Floyd Avenue. The plan Mr. Shelton presented and discussed with her did not meet the requirements for multi-family zone districts as set f o r t h in the Comprehensive Zoning Ordinance. Mr. Shelton would also have difficulty in meeting the off-street parking standards on this particular site for such multiple use. Discussion ensued. No action was taken. Page 852 IX. STUDENT GOVERNMENT DAY. The recent Student Government Day and City Council meeting were discussed. The Planning Director and Commission members were very much impressed with the interest and knowledge of these participating students in the affairs of City government. Rice moved: Parkinson seconded: A letter from the Planning Commission be sent t hese students commending them on the interest and concern shown for the City government. The motion carried unanimously. Rice moved: Parkinson seconded: The meeting be adjourned. The motion carried unanimously, and the meeting was declared adjourned at 10:30 P.M. Respectfully submitted, Gertrude G. Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: May 19, 1965 SUBJECT: Midwest-Atlas Wrecking Yards RECOMMENDATION: The Planning Commission recommend to the Board of Adjustment and Appeals that the merger of the Midwest and Atlas Wrecking Yards be approved. It is suggested that the Board request a covenant from the owners of the Atlas Wrecking Yard restricting future use of the land as an Auto Wrecking Yard, and if required by the City Council, to further request the dedication of 30 ft. right-of-way for West Bates Avenue from said property owners. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I, CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION June 9, 1965 Regular Meeting The regular meeting of the City Planning and Zoning Commission was called to order at 8:13 P.M. by Chairman Carlson. Members present: Woods, Touchton, Rice, Fullerton, Carlson Romans, Ex-officio Members absent: Parkinson Also present: City Manager Dial, City Attorney Criswell, Messrs. Berwick, Stites, Hill and Norgaard. II. APPROVAL OF MINUTES. Mr. Carlson stated the Minutes of May 19, 1965, were to be considered for approval. Touchton moved: Fullerton seconded: The Minutes of May 19, 1965, be approved as written. The motion carried unanimously. III. MR. HERBERT BERWICK 3200 South Broadway CASE #7-65A May 19, 1965 Mrs. Romans reviewed the meeting of May 19, 1965, at which time Mr. Berwick and Mr. Stites discussed the proposed self-service filling station at 3200 South Broadway. Filling stations are not permitted uses in the B-1 Zone District; however, the Board of Adjustment and Appeals has granted a variance to Mr. Berwick to reinstate the filling station use. Mrs. I I I