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HomeMy WebLinkAbout1965-10-20 PZC MINUTESI I I Page 879 Parkinson moved: Fullerto n seconded: The subject be tabled and residents of the area notified that the sub- ject will be discussed at a future meeting. AYES: Fullerton, Parkinson NAYS: Woods, Rice; Touchton; Carlson The motion was declared lost. Discussion ensued. An attempt was made to call the resident who refused to sign the petition to invite them t o the meeting t o voice any opposition to the proposal. The phone number given in the directory is no longer applicable. A check of the ownership of the property as liste d i n the 1965 assessment records indicated that the party living in the house to the south of the subject property is not the owner. Further discussion ensued. Touchton moved: Rice seconded: The Conditional Use of a Nursery School at 3435 South Marion be approved. The motion carried unanimously. The Commission felt a more definite rule of procedure should be established for the approval of a Conditional Use. It is presently the responsibility of the applicant to obtain the signatures of the residents within 100 feet of the subject site. The Commission felt that some notifi c ation from the Planning Office should be sent to these persons notifying them of the time, place, and date of the meeting at which the requested Conditional Use will be con- sidered. Th e Planning Director was instructed to draft a rule of procedure for such Conditional Use approval ; such rule of procedure will be an addition to the Rules and Procedure Manual of the Commission. V. FUTURE MEETING. The next regular meeting of the Planning Commission will be October 20, 1965. The Public Hearing for rezoning of the southwest corner of Highway #70 and South Logan Street will be held on that evening. The meeting will be at the new City Hall, 3400 South Elati Street. Woods moved: Rice seconded: The meeting be adjourned. The motion c arried and the meeting was declared adjourned at 9:40 P.M. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION October 20, 1965 The regular meeting of the City Planning Commission was called to order at 8:10 P.M., Chairman Carlson presiding. Members present: Woods, Touchton, Parkinson, Fullerton, Carlson Romans, Ex-officio Members absent: Rice II. APPROVAL OF MINUTES. Chairman Carlson stated the Minutes of October 6, 1965, were to be considered for approval. Parkinson moved: Touchton seconded: The Minutes of October 6, 1965, be approved as written. The motion carried unanimously. III. (A). SHIVERS, BANTA & McMARTIN Southwest corner Highway 70 and South Logan Street. Parkinson moved: REZONING B-1 to B-2 CASE #13-65B Sept. 22, 1965 Sept. 15, 1965 Fullerton seconded: The Public Hearing on the City initiated rezoning of the southwest corner of Highway 70 and South Logan from B-1 to B-2 be opened. The motion carried unanimously. Mr. Rice and City Attorney Criswell entered and were seated. Mrs. Romans review~d the request made by Mr. Shivers on behalf of the Messrs. Sales, owJ:Ers of the subject site for the city to rezone the Sales' property. The property was developed as a fil l ing station use under the 1955 Zoning Ordinance, at which time the property was zoned C-2. Mr. Shivers has stated on behalf of his clients, that this zoning was imposed on the property by the City in return for right-of-way needed for Highway 70 by the State Page 880 Highway Department. A strip of land to the rear of the Sales' property was also deeded to them by the City of Englewood in the negotiations. All negotiations were apprently conducted by the then City Manager, L . R. Rudd, and Attorney Shivers. A check of City records has failed to offer any further information on the subject of zoning this property. When the 1963 Comprehensive Zoning Ordinance was under consideration, it was the concensus of the Commission that the area should be zoned B-1, thus eliminating this "spot" of B-2 (C-2) zoning. Following the required procedure, the change of zoning for the entire City was ad- vertised, and the entire City was posted; the Ordinance and Map were adopted by the City Council. The owners of the property were unaware of a zone change on their property until a recent re-I quest to expand and/or relocate pumps was denied by the Building Department because the use is non-conforming. The owners contacted Mr. Shivers, who went . before the City Council requesting a change of zoning from B-1 , (Business) to B-2 (Business) The request was referred to the Planning Commission by the City Cou.ncil. Mrs. Romans stated the property has been posted the required length of time and publication was given in the newspaper as required by Ordinance. The Chairman asked if there were any persons present to speak in favor of the rezoning. Mr. Shivers stated he was representing Messrs. R. F. and H. M. Sales, owners of the subject property. They purchased the property in May of 1954, prior to the construction of Highway 70. An application for a building permit was denied until needed right-of-way was determined. Negotiations between the Sales, the City Manager, and the State Highway Department were con- ducted on this needed right-of-way and two curb cuts on the Highway. Mr. Shivers read the following letter: Mr. Marc 0. Shivers, Jr. Attorney at Law 9 West Hampden Avenue Englewood, Colorado Dear Mr. Shivers: "May 2, 1955 Enclosed is one copy of a plat showing a revised proposal on the area Southwest of the Logan- Jefferson intersection. After considerable negotiation and showing of cause,. the State Highway Department has agreed to a new R/W line as shown on the plat. It is the line separating the dark shading and the pink shading. The proposed radius of curvature has been reduced from 190 feet to 100 feet. The City is now in position to issue a building permit for an eligible structure and use on the area shaded in pink. The Department office in Denver has indicated tentative approval of a curb cut at a point about in the original alley, (now vacated). This would be strictly a right handed opening, both for entrance and egress, since it would tap a "One Way" traffic lane. Another curb cut approximately opposite the word "Logan" would be available. The City of Englewood owns a strip of considerable width at the rear of your client's property. It is not out of order to suggest an exchange or trade of the area shown in red "cross hatching" for the area shown in dark tinting. This would provide a maximum depth of 105 feet on your client's property, with almost unlimited space for circulation and turning thereon. The City should retain a strip for vehicular access along the creek bank. This office will be glad to assist in working out any details. cc: Richard Banta City Attorney LRR:w" Yours very truly, L. R. Rudd City Manager The 1955 Zoning Ordinance was under consideration at that time, and Mr. Shivers stated ass ranees were made by the City Manager that this property would be zoned C-2 to permit use as a fil ing station. The property was, indeed, zoned C-2 and developed as a filling station. The property owners were unaware of the zone change which occurred at the time of the 1963 Comprehensive Zoning Ordinance adoption, until the recent application for relocation of th pumps. Mr. Shivers stated that expansion of the use was not planned. The owners were tol by the Building Department that the use was non-conforming, and could not be enlarged; and also, that it was not registered as a non-conforming use. The owners feel this change wou d adversely effect the value of their property, were they to attempt to sell it. They are r - questing the rezoning to B-2 to place the use of their land on a conforming basis, and to ul- fill the agreement made at the time the right-of-way for Highway 70 was deeded. Mr. Carlson asked the construction date of the filling station? Mr. Sales replied it was c onstructed in 1958. Mr. Rice stated he could not see how anyone had the right to issue zoning without followin the procedure of proper hearings before the Planning Commission, referral to City Council, and proper legislative action. Mr. Woods commented that prior to the various City Commiss ons and Boards, negotiations were held with the City Manager. Mr. Fullerton asked if any mention of the zoning of this area was made in the Council Minu es? Mr. Shivers replied that this was done at the time the 1955 Zoning Ordinance was adopted, nd the entire City acquired zoning. No mention was made of any specific area. Discussion ensued. Mr. Rice pointed out that it was not the policy of the Commission or Council to "spot" zone. Mr. Shivers stated that in his opinion such policy was denying property owners use of their land under an appropriate zone classification. I I I I Page 881 There were no persons present in opposition to the proposed rezoning . Discussion followed. Mr. Fullerton pointed out that the use is in existance; it was legally constructed under proper zoning; the shape of the land is unique, and would not be readily adaptable to another use. Further discussion followed. Touchton moved: Fullerton seconded : The Public Hearing be closed. The motion carried unanimously . Rice moved: Parkinson seconded: The subject be tabled for further consideration. AYES: NAYS: Rice, Parkinson, Fullerton, Carlson Woods, Touchton The motion carried. IV. MASTER STREET PLAN Core Area Traffic Pattern CASE #2-65J Mrs. Romans read a copy of a letter addressed to Mr. Von Frellick from Mr. Shumate of the State Highway Department in regard to the proposed one-way cuplet of Highway 70 and Floyd Avenue. Discussion followed. The Planning Director was instructed to arrange a meeting with representatives of the State Highway Department and Von Frellick Associates for general discussion. III (B). SHIVERS, BANTA & McMARTIN Southwest corner Highway 70 and South Logan Street. REZONING B-1 to B-2. CASE #13-65B Parkinson moved: Fullerton seconded: The matter of the Shivers, Banta, and McMartin Rezoning be raised from the table. The motion carried unanimously. Mr. Rice commented he felt the Commission was "a victim of circumstances" in any consideration of this case. Mr. Touchton reviewed the adoption of the 1963 Comprehensive Zoning Ordinance, at which time it was recognized that rezoning requests resulting from the adoption of the Ordinance would have to be considered on their individual merits. He pointed out the use is a legal use. Discussion followed. Mr. Fullerton asked Mr. Criswell if the boundary could legally be set as the centerline of Little Dry Creek in order that the B-2 zone could be confined as nearly as possible to the subject site? Mr . Criswell replied that it could . Fullerton moved: Woods seconded: The Planning Commission recommend to City Council the rezoning request for the property bounded by the centerline of Highway 70 on the north, the centerline of South Logan on the east, and the centerline of Little Dry Creek from its intersection with the centerline of Lotan to its intersection with the centerline of Highway 70 from B-1 (Business) to B-2 (Business) be approved for the following reasons: 1) the land is presently used as a filling station, which use is permitted in the B-2 District and is not per- mitted in the B-1 District; 2) The unique shape of the site renders it un- feasible for another type of use; (3) The property was zoned C-2 prior to the adoption of the 1963 Comprehensive Zoning Ordinance, which zone classification permitted a filling station . Discussion ensued. The motion carried unanimously. V. CITY NEEDS -STATE HIGHWAY DEPARTMENT Mrs. Romans read a memorandum from Administrative Assistant Malone requesting the Planni ng Commission's review of a list of projects which was submitted to the State Highway Depart- ment last year. The list was read and discussed. The Commission felt the top priority should be given to improvement of the Dartmouth-Santa Fe intersection. Second on the list should be the improvement of Highway 70 within the City limits to accommodate the increasing traffic flow. This would include improved access to the City on the east, the west, and to the Core Area. VI. STREET DEDICATION CASE #16-65 South Cherokee Circle to Elati Mrs. Romans read a memorandum from Mr. Malone requesting Commission consideration on the extension and dedication of a street from South Cherokee Circle t o Ela t i Street. City Attorney Criswell displayed a map of the p roposed extension and dedication and g ave a summary of the request. Discussion followed. The Commission requested that de t ailed plans be submitted before further consideration is given the request. Page 882 VII. ICRPC MEMBER-ASSOCIATE MEMBER ANNUAL DINNER. Mrs. Romans read a notification of the annual dinner, scheduled for November 17, 1965, at the Continental Denver Motor Hotel. Members planning to attend were asked to notify the office as soon as possible. VIII. CITY OF ENGLEWOOD City Hall ZONE CHANGE I-1 to B-1 CASE #17-65 The zoning of City Hall, 3400 South Elati, was discussed. The zone classification is presently I-1, which zoning was applied for the Norgren Company several years ago. Discussion ensued. The Commission agreed to initiate rezoning of the property from I-1 to B-1, date for Public Hearing to be January 19, 1966. IX. CITY ATTORNEY. Mr. Criswell reported on a court case in the City of Boulder, in which case the Supreme Court ruled that annexation and zoning were one subject, and could be encompassed in one ordinance. Discussion followed. Mr. Criswell stated that in light of this decision, the City might want to reconsider the adoption of the simultaneous annexation and zoning ordinance. It was moved and seconded to adjourn the meeting. The motion carried; the meeting was declared adjourned at 10:15 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: OCTOBER 20, 1965 SUBJECT: Rezoning of Southwest corner of Highway 70 and South Logan Street. RECOMMENDATION: The Planning Commission recommend to City Council the rezoning request for the property bounded by the centerline of Highway 70 on the north, the centerline of South Logan on the east, and the centerline of Little Dry Creek from its intersection with the centerline of Logan to its intersection with the centerline of Highway 70 from B-1 (Business) to B-2 (Business) be approved for the following reasons: 1) The land is presently used as a filling station, which use is permitted in the B-2 District and is not permitted in the B-1 District; 2) The unique shape of the site renders it unfeasible for another type of use; 3) The property was zoned C-2 prior to the adoption of the 1963 Comprehensive Zoning Ordinance, which zone classification permitted a filling station. 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 November 3, 1965 Regular Meeting 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, Touchton, Rice, Parkinson, Fullerton, Carlson Romans, Ex-officio Members absent: None I I I