HomeMy WebLinkAbout1965-09-22 PZC MINUTESI
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Page 871
IX. OPEN SPACE CONFERENCE.
Mrs. Romans stated an Open Space Conference is scheduled for September 25th and 26th at
Vail, Colorado. Members wishing to attend were asked to notify the Planning Office as
soon as possible.
It was moved and seconded to adjourn the meeting. The motion carried unanimously, and the
meeting was declared adjourned at 9:45 P.M.
Gertrude G. Welty
Recording Secretary
MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY
PLANNING AND ZONING COMMISSION.
DATE: September 15, 1965
SUBJECT: AMENDMENT OF MUNICIPAL CODE -Truck Route Designation
RECOMMENDATION: The Planning Commission recommend to City Council that Section 25.20-9(b)
of the Municipal Code be amended to include Sou th Br o a d way fr o m
Dartmouth south to Quincy as a truck route.
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
PLANN I NG AND ZONING COMMISSION.
DATE: September 15, 1965
SUBJECT: AMENDMENT OF MUNICIPAL CODE -Maximum Weight Limit for Trucks.
RECOM MENDATION: The Planning Commission recommend to City Council the maximum weight
limit for trucks on streets other than those designated as "truck
routes" be raised to 7,000 pounds empty weight, and that the Municipal
Code, Section 25.20-9, be so amended.
~espectfully submitted,
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By Order of the City Planning
and Zoning Commission.
Gertrude G. Welty
Record i ng Secretary
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
September 22, 1965
Regular Meeting
I. CALL TO ORDER.
The Regular Meeting of the City Planning and Zoning Commission was called to order by
Chairman Carlson at 8 :05 P.M.
Members present: Touchton, Rice, Parkinson, Fullerton, Carlson
Romans, Ex-officio
Members absent: Woods
Also present: City Attorney Criswell; Planning Assistant Monson.
II. APPROVAL OF MINUTES.
Chairman Carlson stated the Minutes of the September 15, 1965, regular meeting were to be
considered for approval.
Parkinson moved:
Fullerton seconded: The Minutes of September 15, 1965, be approved as presented.
The motion carried unanimously.
Page 872
III. BEAU MONDE, INC. REZONING CASE #12-65D
KLZ Site R-1-A to R-3-B
Mrs. Romans stated that this case was tabled at the meeting of August 25, 1965, following
the Public Hearing. It would be at the pleasure of the Commission whether or not they
wished to discuss the case at this time.
Rice moved:
Touchton seconded: The case be raised from the table for discussion.
Mr. Fullerton stated he would vote "no" on the motion. He pointed out that the agreement
which the interested groups have been working on is not ready for presentation to the Com-
mission, and he felt action should be delayed.
It was pointed out by Mr. Rice that any "agreement" that might be entered into on the
part of the applicant and interested groups adjacent to the subject area would not be
binding upon the City, and could not be the basis for the Planning Commission's recom-
mendation in any way.
Upon the call of the role:
AYES:
NAYS:
Touchton; Rice,; Parkinson; Carlson
Fullerton
The motion carried.
Mr. Rice reiterated the "agreement" was being worked out between Beau Monde r epresentatives
and citizens in the subject area; and that he did not feel the agreement could affect the
action taken by the Planning Commission . He stated he would agree that a final agreement
between the groups would have made a decision easier to reach, but the fact that they have
not been able to reach such an agreement should not hold the Commission from making a
decision. Mr. Rice pointed out that the Commission action would give additional time for
the groups to reach an agreement before the actual legislation by City Council would go
into effect, if the request were approved. Brief discussion followed.
Rice moved:
Touchton seconded: The Planning Commission recommend to City Council that the zoning of the
area o wne d by Beau Monde, Inc., commonly known as the KLZ Site, be changed
from the Court imposed R-1-A (Single-family Residential) to R-3-B (Multi-family Residential;
reason for this action is based on the following staff recommendation: "On July 28, 1965 ,
an application was filed on behalf of Beau Monde, Inc. with the City Planning and Zoning
Commission for the rezoning of the land, generally known as the KLZ transmitter site, from
R-1-A (single-family residential) which zone classification was imposed by District Court
Order, to R-3-B (multi-family residential). Acting in compliance and accordance with
applicable ordinances of the City of Englewood and its own rules and regulations, a Public
Hearing was held on August 25, 1965, in the City Hall Annex, at 8:00 P.M.
The full Commission was in attendance at that Hearing and the Minutes of the Meeting, which
reflect the testimony presented, were approved at the Regular Meeting of the Commission on
September 15, 1965; therefore , I shall not at this time review statements made at that
Hearing. I would, however, like to review briefly the history of the KLZ Site as I have
been able to ascertain it from available records.
The KLZ tract was zoned originally for "residential and agricultural use" under the Cherry
Hills Planning District. This zoning was passed by the District late in 1940, and was
declared official in January, 1941 . In October of 1941, the County adopted the first com-
prehensive zoning resolution for the unincorporated area of the County. At that time the
complete Cherry Hills Planning District zoning was adopted. When Cherry Hills and Greenwood
Village incorporated, they created their own zoning , and the unincorporated areas remained
under the County zoning.
In 1941, the KLZ tract was zone d R-A-2. The Permitted Uses in the original County R-A-2
zoning were: 1) One family dwelling; 2) Customary agricultural operations, nurseries and
truck gardens, provided that no storage of manure or o d or and dust producing substances shall
be permitted within one hundred (100) feet of the property line and provided that the raising
of numbers of livestock or other farming activity that would be objectionable because of
odor, noise, or other nuisances shall not be permitted. Fur farms and farms operated for
the disposal of garbage shall not be permitted. 3 ) Public or private school or college;
church parish halls or other place of worshipl public library; municipal, county or state
building; park or other recreational area; golf course; po l o fields; water supply or flood
control reservoir, well, tower or filter bed, irrigation canal; private club operated for the
benefit of members and not for gain . 4) Telephone exchange where no public business office
and no repair or storage facilities are maintained. 5) Philanthropic institutions other
than a penal or correctional institution and hospital o r sanitarium other than for contagious
or infectious diseases and other than for the insane or feeble minded, if approved by the
Board of Adjustment as hereinafter provided. 6) Radio station, residential hotel, commercial
greenhouse, riding academy, commercial stable, commercial dairy or commercial poultry
raising, if approved by the Board of Adjustment as hereinafter provided. 7) Accessory
buildings or uses customarily incident to any of the uses permitted above, provided that such
accessory uses shall not include any activity commonly conducted for gain except as hereinafter
provided.
In August of 1960, a zoning application was filed with the County requesting a zoning change
to commercial. In December of 1960 the petition for rezoning was withdrawn.
In 1961, the subject land was studied by this Commission, and its proposed annexation to,
and zoning by, the City of Englewood , was reco mmende d by this Commission on May 25, 1961;
however, the subsequent action of the City Council in simultaneously annexing and zoning
the subject land for commercial use by Ordinance No. 21, Series of 1961, was invalidated
by judgements and decree s of the Arapahoe County District Court and the Arapahoe County Court
in 1962 on the grounds that a single ordinance cannot contain more than one subject.
The site was again annexed to the City by Ordinance No. 17 , Series of 1962, at which time
the provisions of the 1955 Zoning Ordinance provided the newly annexed areas were to be
"automatically classified as an R-1-A Zone, ,unless or until a zoning plan" was adopted for
the area.
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Page 873
Subsequent to this annexation, the site was twice rezoned for use, principally, as a
regional seopping center --once by Ordinance No. 23, Series of 1963, and once by the new
Comprehensive Ordinance (Ordinance No. 26, 1963).
Both of these actions were declared improper by an Arapahoe District Court decree which held,
in eff e ct, that the condition in the neighborhood would not sustain a commercial use, but
that t h e City should zone it for residential uses. That judgment, however, upheld the City's
right t o impose "temporary" zoning on newly annexed areas "pending investigation of the
approp r iate permanent zoning for such land." While this decision has been appealed to the
Colorado Supreme Court, it would appear that, pending decision by that Court, the site is
still zoned R-1-A under the 1955 Ordinance, an d that the City may not zone it for commercial
uses, although nothing within the Court decision prohibits its rezoning for other residential
uses.
Since t he time of the orig i nal Cherry Hills District Planning Commission's zoning, the sub-
ject land and the areas around it have been substantially affected by changes, one of the
mo st i mportant of which has been the change of character of the subject land and the
surrounding area from a rural area to an urbanized community. Indeed, this change in condit io n s
was expressly recognized in the Court decision referred to above.
The subject land was used as the KLZ transmitte r site for some 27 years. The KLZ #1 tower
was completed on August 1 , 193 5, and the KLZ #2 tower was completed June 1 , 1941. An apart-
ment section was added to an original structure in 1939 and an additional FM studio and
garage were added in 1941. A shop was added in 1951. The site was used by KLZ for their
transm i tters until July, 1962.
Since the original zoning of the site, there has been a considerable increase in population,
and a correlative development of lands on the north, northeast and west of the subject land
and the annexation of these areas by the City of Englewood, followed by zoning of these
areas u nder the Englewood Zoning Ordinance.
The records available in the Building Department show that most of the residences adjacent
to the site on the north, east, and west were built in 1951, 1952, 1953, and 1954.
The Temple Rest Home to the west of the subject site has been at its location for more than
35 years, and was remodeled in 1963, subsequent to R-4, (Transitional) zoning which was
passed by Ordinance #28, Series of 1961.
The Bullock Mortuary, also the west of the subject site, was constructed in 1951, and
additions have been made periodically since that time; the medical clinic to the southwest
was built in 1959 .
Recognizing a change in this general area, R-2-B and R-3 -B zone classifications were im-
posed by the 1963 Comprehensive Zoning Ordinance upon a portion of the neighborhood to the
immediate west of the subject site. To the north and northwest of the site, the area is
zoned R-1-C (Single-family Residential), the least restrictive of the S ingle-family
Residential District s , with the exception of the one block between South High Street and
South Race Street to the north of East Floyd Avenue; this area is zoned R-1-A (Single ~family
Residential) which requires a minimum lot area of 9,000 square feet. The five homes to the
northeast of the site are also zoned R-1-A; their rear yards adjoin the subject site on
the east.
Hampden Avenue which adjoins the subject area on the south is no longer of a rural character.
Indeed, Hampden Avenue at this time is a major east-west six lane arterial, and is designated
on Stat e Highway maps as an expressway.
The following 24 hour traffic counts which were taken on Hampden Avenue west of University
Boulevard by the Colorado Department of Highways are indicative of the change in the
charact e r of the area.
Year
1940
1946
1948
1950
1952
1954
1956
1958
1960
1962
1964
24-hour Vehicular Count
525
1,150
2,300
4,500
5,300
6,200 (est.)
8,700
9,200
11,000
16,100
23,200
The Sta t e Highway Department is now in the process of taking the 1965 counts which will be
projected to determine the anticipated volume of traffic after Highway 7 0 is completed to
the wes t . Again, Hampden, which abuts the site on t h e south, has developed from a rural
country road in 1 9 40 to a major east-west arterial in the south Metropolitan Denver Area
in 1965 .
The Kent School for Girls has been constructed on approximately 28 acres of land adjoining
the sub j ect site on the east and is now being vacated by the school, and it is my under-
standing that it has been listed for sale. However, mo re detailed information relative to
the disposition of this property does not seem t o be available at this time.
Cherry Hills Village has zoned more than 70 acres o f land in the village fronting on
Hampden Avenue, or Highway #70, and South University R-A-1, Resort Area District. The
permitted uses in this Zone District include a Residential and Resort Hotel wi t h conveniences
and facilities wh ich include public dining areas, meeting rooms and facilities, and retail
shops . This Zone District requires that no main building shall exceed 150 feet in height,
no acce s sory building included in the hotel complex shall exceed 50 feet in height, and no
other accessory building shall exceed 30 feet in height.
Page 874
A triangle section of land at Lafayette
and adjacent to the subject site on the
District. This District permits retail
and Highway #70, which is in Cherry Hills Village
southwest is zoned by the Village C-2, Commercial
shops , restaurants, and office buildings.
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The Planning Commission has considered the zoning of this site upon three occasions --once
upon the application for simultaneous annexation and zoning under Ordinance 21, Series of
1961 ; once upon an application for C-3 zoning and again in 1963 at the time the Comprehensive
Zoning Ordinance wa s adopted. Each time the matter was considered, the majority opinion of
the Commission members was that the best use of the land was for a shopping center develop-
ment subject to the restrictions of the C-3 Zone District under the 1955 Zoning Ordina nce
or the B-3 Zone District under the 1963 Comprehensive Zoning Ordinance.
Since that time, however, the people in Englewood have voted to sell the area now used as a
City park for a commercial development. The Commission must cons i der if it would be good
planning to have the extended commercial zoning on some 63 acres to the west of the Core
Area, as well as on the 57 acres on the KLZ Site, should the appeal on the District Court
decision on a writ of error, which is now before the Colorado Supreme Court, be deci d ed in
favor of the City.
Since the District Court upheld the zoning of this site as R-1-A (under the "automatic" pro-
vision of the 1955 Zoning Ordinance), upon the grounds that this zoning was imposed on a
temporary basis, and since the site has never been legally zoned by the City on a permanent
basis; it would seem to follow that the Planning Commission would, necessarily, have to gi v e
consideration to the appropriate zoning of the site, but without being able, in accordance
with the Court's decision, to place it within a commercial zone district.
New concepts of multi-family residential construction which are now being implemented in the
Denver Metropolitan area, have not, to this time, been developed in Englewood.
Projected population studies by the Planning Staff, Inter-County Regional Planning Commission,
md Denver Metropolitan Area Transportation Study, indicate that a demand for multi-family
districts in the City will undoubtedly increase in the future with increased commercial and
industrial development.
Taking into consideration the many changes that have been taken and are taking place in this
area since the orig i nal zoning, it is the opinion of the Planning Staff that a multi-family
development under the restrictions of the R-3-B Zone Classification would be compatible with
the development in the area, and a logical extension of existing zoning to the west.
Therefore, it would be the recommendation of the Staff that the request for R-3-B (Multi-
family Residential) Zoning be approved."
Mr. Fullerton stated that under the present circumstances, he would have to assume the worst
possible development of the site permitted under the R-3-B zone classification; therefore, he
would vote "no" on the motion.
Mr. Rice stated Mr. Fullerton was correct in considering such possible development; a re-
zoning encompasses only zoning, and not the ultimate use of a particular site. Any use per-
mitted in that classification could be developed on the site.
Mr. Parkinson commented he did not feel it was correct to ignore the possible agreement be-
tween the applicant and the area residents in this matter. Mr. Rice reiterated the only
thing presently under consideration by the Commission was the requested change of zoning.
He pointed out ihat restrictions or conditions cannot be placed on zoning by the Commission.
Further discussion ensued.
Fullerton moved: The recommen:iation to City Council be tabled.
Discussion followed. Mr. Carlson asked if covenants had to be imposed on the site prior to
rezoning? Mr. Criswell stated that covenants could be im p osed at any time if the applicant
agreed.
There was no second to Mr. Fullerton's motion; the motion was declared dead.
Mr. Touchton asked to what extent the Commission should concern themselves with the ultimate
use of the site and the compatibility of that use with the surrounding areas at this particular
time? The Director stated the Commission is charged--by State Statute, City Charter, and
Commission Rules and Procedures--to divide the City into zone districts. Zoning restrictions
are adapted to make the various zone districts compatible, one with the other, by means of
height restrictions, density , etc. She pointed out that the Commission will have the sub-
division of this site under consideration also. If necessary or desirable, restrictions
could be imposed on the site at the time of the approval of the subdivision plat.
The recommendation of the Planning staff to the Planning Commission was discussed. A recess
was called to enable members to thoroughly read the memorandum and discuss any portions they
wished to.
The meeting was again called to order.
Further discussion on the case followed. The following letter from Mr. Woods was read by
Chairman Carlson:
Kenneth Carlson, Chairman
City Planning & Zoning Commission
City of Englewood
Englewood, Colorado
Dear Ken:
"September 22, 1965
Because of a prior commitment, it will be impossible for me to attend the meeting of the
Planning Commission on September 22, 1965. In view of the discussion at the meeting on
September 15th, I assume that there is a possibility that the application for rezoning of
the KLZ Site may be discussed at this meeting. If the case is raised from the Table for
consideration, I would appreciate your expressing to the other members of the Commission,
and request that the Minutes reflect, my thoughts.
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After having weighed the testimony submitted at the Public Hearing on August 25 , 1965; after
having viewed the subject site and adjacent area; and after having considered the information
made available to me by the staff, it is my opinion that the best interest of the community
can be served by the rezoning of the KLZ Site from the Court-designated R-1-A (Single-family
Residential) Zone District to R-3-B (Multi-family Residential).
RGW /gw"
Upon the call of the role , the vote:
AYES:
NAYS:
Touchton, Rice, Parkinson, Carlson
Fullerton
The motion carried.
Sincerely,
/s / R. G. Woods, Jr.
R. G. Woods, Jr.
IV. MASTER STREET PLAN ONE-WAY SYSTEM
South Sherman
CASE # 2-65I
Mrs. Romans discussed the analysis of the petition opposing the designation of South Sherman
as a one-way street northbound from Quincy to Yale. It appears that many of the signatures
are not of property owners; also, a great many properties are not represented on the petition.
The background of the Sherman-Bannock one-way cuplet was briefly discussed. This plan was
origina lly considered by the City when Mr. Lacy was Planning Director and had received
tentative approval of the Highway Department.
V. H. J. CORAH CASE #14-65A
West Nassau-South Fox
Mrs. Romans stated she had requested a legal description of his property from Dr. Milligan.
This has not been received. Discussion followed. Commission members agreed to meet at
Harold's Pancake House, 7 A.M., September 25, 1965, for breakfast, then tour the subject
area prior to making a decision.
VI. SHIVERS, BANTA & McMARTIN
South Logan and Highway #70
CASE #13-65A
Mrs. Romans stated the legal has not been received from Mr. McMartin for 1his property.
The hearing on October 20, 1965, will be held in the new City Hall, 3400 South Elati Street.
VII. MRS. MORRISON
3435 S. Marion
CONDITIONAL USE
Nursery School
CASE #15-65
The Director stated the request for a nursery school at the above location has been with-
drawn at the present time.
Fullerton moved:
Parkinson seconded: The meeting be adjourned.
The motion carried; the meeting was declared adjourned at 9:00 P.M.
Gertrude G. Welty
Recording Secretary
MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY
PLANNING AND ZONING COMMISSION.
DATE: September 22, 1965
SUBJECT: Rezoning Request of R-3-B for KLZ Site.
RECOMMENDATION: The Planning Commission recommend to City Council that the zoning of the
area owned by Beau Monde, Inc., commonly known as the KLZ Site, be changed
from the Court imposed R-1-A (Single-family Residential) to R-3-B (Multi-family Residential);
reason for this action is based on the following staff recommendation: "On July 28 , 1965 ,
an application was filed on behalf of Beau Monde, Inc. with the City Planning and Zoning
Commission for the rezoning of the land, generally known as the KLZ transmitter site, from
R-1-A (single-family residential) which zone classification was imposed by District Court
Order, to R-3-B (multi-family residential). Acting in compliance and accordance with
applicable ordinances of the City of Englewood and its own rules and regulations, a Public
Hearing was held on August 25, 1965, in the City Hall Annex, at 8:00 P.M.
Page 876
The full Commission was in attendance at that Hearing and the Minutes of the Meeting, which
reflect the testimony presented, were approved at the Regular Meeting of the Commission on
September 15, 1965; therefore, I shall not at this time review statements made at that
Hearing. I would, however, like to review briefly the history of the KLZ Site as I have
been able to ascertain it from available records.
The KLZ tract was zoned originally for "residential and agricultural use" under the Cherry
Hills Planning District. This zoning was passed by the District late in 1940, and was de-
clared official in January, 1941. In October of 1941, the County adopted the first compre-
hensive zoning resolution for the unincorporated area of the County. At that time the
complete Cherry Hills Planning District zoning was adopted. When Cherry Hills and Greenwood
Village incorporated, they created their own ~oning, and the unincorporated areas remained
under the County zoning.
In 1941, the KLZ tract was zoned R-A-2 . The Permitted Uses in the original County R-A-2 zoning
were: 1) One family dwelling; 2) Customary agricultural operations, nurseries and truck
gardens, provided that no storage of manure or odor and dust producing substances shall be
permitted within one hundred (100) feet of the property line and provided that the raising
of numbers of livestock or other farming activity that would be objectionable because of
odor, noise or other nuisances shall not be permitted. Fur farms and farms operated for the
disposal of garbage shall not be permitted. 3) Public or private school or college; church
parish halls or other place of worship; public library; municipal, county or state building;
park or other recreational area; golf course; polo fields; water supply or flood control
reservoir, well, tower or filter bed, irrigation canal; private club operated for the benefit
of members and not for gain. 4) Telephone exchange where no publ i c business office and no
repair or storage facilities are maintained. 5) Philanthropic institutions other than a
penal or correctional institution and hospital or sanitarium other than for contagious or
infectious diseases and other than for the insane or feeble minded, if approved by the Boa r d
of Adjustment as hereinafter provide d . 6) Radio station, commercial stable, commercial
greenhouse, riding academy, residential hotel, commercial dairy or commercial poultry raising,
if approved by the Board of Adjustment as hereinafter provided. 7) Accessory buildings or
uses customarily incident to any of the uses permitted above, provided that such accessory
uses shall not include any activity commonly condu9ted for gain except as hereinafter pro-
vided.
In August of 1960, a zoning application was filed with the County requesting a zoning cha n ge
to commercial. In December of 1960, the petition for rezoning was withdrawn.
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;
however, the subsequent action of the City Council in simultaneously annexing and zoning
the subject land for commercial use by Ordinance No. 21, Series of 1961, was invalidated by
judgements and decrees of the Arapahoe County District Court and the Arapahoe County Court
in 1962 o n the grounds that a single ordinance cannot contain more than one subject.
The site was again annexed to the City by Ordinance No. 17, Series of 1962, at which time the
provisions of the 1955 Zoning Ordinance provided the newly annexed areas were to be "auto-
matically classified as an R-1-A Zone, unless or until a zoning plan" was adopted for the
area.
Subsequent to this annexation, the site was twice rezoned for use, principally, as a
regional shopping center--once by Ordinance No. 23, Series of 1963, and once by the new
Comprehensive Ordinance (Ordinance No. 26, 1963).
Both these actions were declared improper by an Arapahoe District Court decree which held,
in effect, that the condition in the neighborhood would not sustain a commercial use, but
that the City should zone it for residential uses. That judgment, however, upheld the City's
right to impose "temporary" zoning on newly annexed areas "pending investigation of the
appropriate permanent zoning for s u ch land." While this decision has been appealed to the
Colorado Supreme Court, it would appear that, pending decision by that Court, the site is
still zoned R-1-A under the 1955 Ordinance, and that the City may not zone it for commercial
uses, although nothing within the Court decision prohibits its rezoning for other residential
uses.
Since the time of the original Cherry Hills District Planning Commission's zoning, the sub-
ject land and the areas around it have been substantially affected by changes, one of the
most important of which has been the change of character of the subject land and the
surrounding area from a rural area to an urbanized community. Indeed, this change in con-
ditions was expressly recognized in the Court decision referred to above.
The subject land was used as the KLZ transmitter site for some 27 years. The KLZ #1 tower
was completed on August 1, 1935 , and the KLZ #2 tower was completed June 1, 1941. An apart-
ment section was added to an original structure in 1939 and an additional FM studio and
garage were added in 1941. A shop was added in 1951. The site was used by KLZ for their
transmitters until July, 1962.
Since the original zoning of the site, there has been a considerable increase in population,
and a correlative development of lands on the north, northeast and west of the subject land
and the annexation of these areas by the City of Englewood, followed by zoning of these areas
under the Englewood Zoning Ordinance.
The records available in the Building Department show that most of the residences adjacent
to the site on the north, east and west were built in 1951, 1952 , 1953, and 1954.
The Temple Rest Home to the west of the subject site has been at its location for more than
35 years and was remodeled in 1963, subsequent to R-4 (Transitional) zoning which was passed
by Ordinance #28, Series of 1961.
The Bullock Mortuary, also the west of the subject site, was constructed in 1951, and additions
have been made periodically since that time; the medical clinic to the southwest was built
in 1959.
Recognizing a change in this general area, R-2-B and R-3-B zone classifications were imposed
by the 1963 Comprehensive Zoning Ordinance upon a portion of the neighborhood to the immediate
west of the subject site. To the north and northwest of the site, the area is zoned R-1-C
(single-family Residential), the least restrictive of the Single-family Residential Districts,
with the exception of the one block between South High Street and South Race Street to the
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Page 877
north of East Floyd Avenue; this area is zoned R-1-A (Single-family Residential) which re-
quires a mi nimum lot area of 9,000 square feet. The five homes to the northeast of the
site are a l so zoned R-1-A; their rear yards adjoin the subject site on the east.
Hampden Avenue which adjoins the subject area on the south is no longer o f a rural
character. Indeed, Hampden Avenue at this time is a major east-west six lane arterial,
and is d s i gnated on State Highway maps as an expressway.
The follow i ng 24 hour traffic counts which were taken on Hampden Avenue west of University
Boulevard by the Colorado Department of Highways are indicative of the change in the charac .ter
of the area.
Year 24-Hour Vehicular Count
1 940 525
1 946 1,150
1 948 2,300
1 950 4,500
1 952 5,300
1 954 6,200 (est.)
1 956 8,700
1 958 9,200
1 960 11,000
1 962 16,100
1 964 2 3,200
The State Highway Department is now in the process of taking the 1965 counts which will be
projected to determine the anticipated volume of traffic after Highway 7 0 is completed to
the west. Again, Hampden, which abuts the site on the south , has developed from a rural
country road in 1940 to a major east-west arterial in the south Metropolitan Denver Area
in 1965.
The Kent School for Girls has been constructed on approximately 28 acres of land adjoining
the subject site on the east and is now being vacated by the school, and it is my under-
standing that it has been listed for sale. However, more detailed information relative to
the dispos i tion of this property does not seem to be available at this time.
Cherry Hil l s Village has zoned more than 70 acres of land in the village fronting on
Hampden Avenue, or Highway #70, and South University R-A-1, Resort Area District. The per-
mitted uses in this Zone District include a Residential and Resort Hotel with conveniences
and facilities which include public dining areas, meeting rooms and facilities, and retail
shops. Th i s Zone District requires that no main building shall exceed 150 feet in height,
no accessory building included in the hotel complex shall exceed 50 feet in height, and no
other accessory building shall exceed 30 feet in height.
A triangle section of land at Lafayette and Highway #70, which is in Cherry Hills Village
and adjacent to the subject site on the southwest is zoned by the Village C-2, Commercial
District. This District permits retail shops, restaurants, and office buildings.
The Planning Commission has considered the zoning of this site upon three occasions--once upon
the application for simultaneous annexation and zoning under Ordinance 21, Series of 1961;
once upon an application for C-3 zoning and again in 1963 at the time 'the Co mprehensive Zoning
Ordinance was adopted. Each time the matter was considered, the majority opinion of the Com-
mission members was that the best use of the land was for a shopping center development sub-
ject to the restrictions of the C-3 Zone District under the 1955 Zoning Ordinance or the B-3
Zone Distruct under the 1963 Comprehensive Zoning Ordinance.
Since that time, however, the people in Englewood have voted to sell the area now used as a
City park f or a commercial development. The Commission must consider if it would be good
planning to have the extended c o mmercial zoning on some 63 acres to the west of the Core
Area, as well as on the 57 acres on the KLZ Site, should the ~ppeal on the District Court
decision on a writ of error, which is now before the Colorado Supreme Court, be decided in
favor o f the City.
Since the District Court upheld the zoning of this site as R-1-A (under the"automatic" pro-
vision of the 1955 Zoning Ordinance), upon the grounds that this zoning was imposed on a
temporary basis, and since the site has never been legally zoned by the City on a permanent
basis; it would seem to follow that the Planning Commission ·would, necessarily, have to give
consideration to the appropriate zoning of the site, but without being able, in accordance
with the Court's decision, to place it within a commercial zone district.
New concepts of multi-family residential construction which are now being implemented in
the Denver Metropolitan area, have not, to this time, been developed in Englewood.
Projected population studies by the Planning Staff, Inter-County Regional Planning Com-
mission, and Denver Metropolitan Area Transportation Study, indicate that a demand for multi-
family districts in the City will undoubtedly increase in the future with increased com-
mercial and industrial development.
Taking into consideration the many changes that have taken and are taking place in this area
since the original zoning, it is the opinion of the Planning Staff that a multi-family develop-
ment under the restrictions of the R-3-B Zone Classificat ion would be compatible with the
development in the area, and a logical extension of existing zoning to the west.
Therefore, it would be the recommendation of the staff that the request for R-3-B (Multi-
family Residential) Zoning be approved."
Respectfully submitted,
By Order o f the City Planning
and Zoning Commission.
Gertrude G. Welty
Recording Secretary
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