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HomeMy WebLinkAbout1967-09-20 PZC MINUTES [2]I I I Page 999 The special meeting was called to discuss the Floyd Avenue Contract, dated July 23, 1967, and proposed changes in the Contract that have been suggested by New Englewood, Ltd. Under the original contract, a 35 ft. planting strip was to be provided along West Floyd Avenue from the Huron-Inca alley on the west to South Bannock Street on the east. A 24 ft. two- way roadway was located on the north side of this planting strip, which would provide access to those persons living north of Floyd Avenue, and a roadway on the south side of the strip was designed to provide access to New Englewood. South Fox Street was designated as the only street to provide through access to the shopping complex. New Englewood, Ltd. is now proposing, in addition to the cut at Fox, cuts in the planting strip at Cherokee, at Elati, and at points mid-way between Fox and Galapago, and Galapago and Huron Streets. Were this plan to be approved, the traffic flow would also be changed on West Floyd Avenue itself, with one-way west-bound traffic on the north of .the planting strip, and one-way east-bound traffic on the south side of the strip. The point of inter- section of Floyd Avenue and South Bannock Street would also be proposed to be changed from the original plan shown. Mr. Parkinson entered and took his place with the Commission. Mr. Von Frellick stated that New Englewood, Ltd. now owns or has option to buy 14 pieces of property along the north side of West Floyd Avenue, with hopes of acquiring the remaining three pieces. Discussion followed. Mr. Love questioned the egress shown in the northwest portion of the New Englewood propert~ and asked what was planned?· Mr. Von Frellick stated they had always considered a point of ingress-egress at this location along the tracks to Dartmouth. Mr. Criswell asked if they had considered this ingress-egress with the Cannery in place, or removed? Mr. Von Frellick stated that no final decision had been reached on this matter; the State had indicated they felt progress on the "expressway" on Santa Fe Drive would be fairly rapid, and that the problems at Dartmouth would be solved at that time. Dinner was served. Discussion on the entire New Englewood project ensued. Construction of Floyd Avenue was considered. Mr. Nagel, attorney for Mr. Von Frellick, reviewed the proposed Contract amendment, whereby the City would vacate West Floyd Avenue as it is presently located between South Bannock Street and the west boundary line of New Englewood. A temporary easement for the duration of the construction shall be granted by New Englewood Ltd., for public travel on West Floyd Avenue. Upon completion of construction an irrevocable easement for street or roadway purposes and maintenance of the planting strip shall be granted to the City of Englewood. Discussion followed. Mr. Von Frellick discussed the extension of Cherokee Street across Floyd Avenue; he stated he felt it would be to the benefit of the City and the residents of the area if it were to extend through the planting strip. The possibility of a public hearing on the proposed changes in the Floyd Avenue Contract were discussed. Mr. Criswell pointed out that a hearing would not be required, but should one be held, he felt that it should be before City Council. Mr. Touchton asked what the Commission should consider at this time? Mr. Criswell stated he felt the responsibility of the Commission was to determine (1) if the traffic pattern was appropriate in terms of traffic itself, and (2) does the pattern fulfill the purposes the Commission intended in the original contract? Discussion followed. Mr. Von Frellick stated that he would like to begin construction as soon as possible, to get the paving work done prior to November 1. They can proceed with the work on their property and complete the project when the City has given approval to the Contract amendment. Dis- cussion followed. The entire traffic pattern as shown on the proposed Exhibit "A" was considered. Mrs. Romans pointed out that traffic on either South Delaware Street or South Elati Street would be passing right by North School, and that South Fox Street has always been considered the only direct access from the north. Further discussion f ollowed. Commission members pointed out to Mr. Von Frellick the specific access ways they felt should be opened to through traffic, and those they felt should be closed to through traffic. Mr. Von Frellick indicated these changes would be indicated on the next plan. The meeting adjourned. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION REGULAR MEETING SEPTEMBER 20, 1967 The regular meeting of the City Planning and Zoning Commission was called to order by Chai~ man Carlson at 8:05 P.M. Members present: Woods, Touchton, Rice, Parkinson, Love, Carlson Romans, Ex-officio Members absent: None Also present: City Attorney Criswell - --- - - - -- - - - - ---- - - - Page 1000 II. APPROVAL OF MINUTES. Chairman Carlson stated the Minutes o f September 6, 1967, were t _o be considered for approval. Parkinson moved: Love seconded: The Minutes of September 6 , 1967, be approved as written. The motion carried unanimously. III. JOHN B. CARTWRIGHT 3200 blk. S. Bannock REZONING CASE #20-67A R-2-A to R-4 Mr. Carlson announced that this Public Hearing would not be held this evening, inasmuch as there had been an error in the legal description of the property for w~ich the change was re- quested. IV. NEW ENGLEWOOD, LTD. REZONING CASE #16-67B B-1 to B-2 Chairman Carlson stated this request was for a chang e of zoning on the southeast corner of South Elati Street and West Floyd Avenue. The request covers an area 150 ft. x 150 f t., and is for a chang e from B-1 to B-2, both business classifications. Woods moved: Rice seconded: The Public Hearing be opened. The motion carried unanimously. Mrs. Romans reviewed the request. The property was posted on August 31, 1967, and publication was given in the Englewood Herald on August 31, 1967. The reason stated on the application for the change was "to provide a service station 011 this site." A B-1 zone classification eliminates "drive-in" type establishments such as gasoline filling stations; B-2 does permit this particular use. Mr. Von Frellick, applicant , stated there will be approximately 2400 employees in the entire center when completed, and he definitely feels there is need for a station in this area. He pointed out that there is not q service station on th e north side of the Highway from the Valley Highway until y ou reach the Enco Se rvi ce S t a t io n just west of the Ne w E ng l ew ood property. He stated th e Texaco Oil Company is interes t ed i n this partic ular site, and dis- played pictures of a similar station at Intersta t e 70 and Kipling Street . Mrs. Sco t t 3 231 South Elati -sta t ed s he wa s oppose d to the rezoning re q ues t, and que st ioned the need for addi t ional se rvice s tations in the area. She s t ated t hat residents of the areq were told the r e would be a buff er strip o f p lant ing s along Floyd Avenue, a n d now t h e dev e loper is planning t o cons truct a fi ll ing station at Elati and Floyd ; she aske d if the planting strip was s ti ll being considered ; or if residents would be required to look dir e ct l y i nt o t h e fi lling station? Mr. Ca r lson sta t ed the proposed filling s tat ion would be south of Floyd Avenue and the pro-. posed planting st r ip. Mr. Touchton asked if the station would have underground stor a ge tanks? He also asked if there would be underground parking in this particular area? Mr. Von Frellick stated the storage tqnks wquld be underground and would be encased in concrete. The underground parking will begin on the west side of Elati Street at this intersection. Parkinson moved: Rice seconded: The Public Hearing be closed. The motion carried unanimously. Parkinson moved: Touchton seconded: The matter be tabled for further consideration. The motion carried unanimously. V. CLIFFORD HACKLER Lots 1 -19, Block 13, Southlawn Gardens Touchton moved: REZONING R-1-C to I-1 Rice seconded: The Public Hearing be opened. The motion carried unanimously. CASE #17-67B Mrs. Romans gave a summary of the application. Mr. Clifford Hackler, 2502 South Lafayette, is the applicant; the application is also signed by Margie Swank, Rebecca Hayes, Evelyn Pryor, S. & S. Investment Company, N. P. Winn, Claude L. Fellows, and Evan and Stella Slater, all property owners in the subject block. The request is a change of zoning from R-1-C to I-1. The property has been posted since September 1, 1967, and publication was given in the Englewood Herald on August 31, 1967. . . Mr. Hackler, applicant, stated he felt the area was better suited for industrial development. He stated he has tried to sell his property as residential, and prospective purchasers are just not interested. He stated his property is 126 ft. x 227 ft. and would provide land for a nice industrial use. Mr. Carlson asked for other proponents who wished to speak. Mr. Miller 2319 W. Harvard -stated he did not feel the area was favorable for residential development. He felt it would be much better for industrial use, and is in favor of the rezoning. I I I I I I Page 1001 Mr. Carlson asked for opponents who wished to speak. Mr. Kerwin Fulton, counsel for the opponents, stated he wished to register an objection to the application; Mr. Hackler is requesting a change of zoning for property that he does not own, and there are some property owners in this block who are op~osed to the request. He cited the requirements f or change set forth in the Comprehensive Zoning Ordinance , i.e., public necessity, convenience, health, safety, morals, general welfare, or good zoning practice justifying change, --and stated that none o f these were evident in this request. He stated this was a speculative zoning request, and for personal gain. He stated there has been no change of character in the area to justify a change o f zoning. He felt this was a "spot" zoning, and an intrusion of industrial zoning into a residential neighborhood. He pointed out that there is much industrial land that is undeveloped, and stated that the streets in the area are inadequate to handle the industrial traffic. Mr. Fulton requested the rezoning application be denied. Mrs. Romans indicated the subject area on the zoning map, and stated it would be an extension of the light industrial zone district, which is on the south of the requested area. She pointed out that Zuni Street is classed as a truck route and South Tejon is an arterial street. Mr. Wilken 2170 West Baker - Mr. Kelley 2393 W. Warren - Mrs. Perry 2349 W. Harvard Mrs. Stanley 2310 W. Harvard - Mr. L. F. Perry 2340 W. Harvard - Mr. Johnston stated the streets are inadequate and in poor condition. There is plenty of land zoned f or industrial purposes, and he does not feel there is a need for additional industrial zoning. stated that when the area was zoned f ollowing annexation, it was felt that the creek which runs through this Block 13, Southlawn Gardens, f ormed a natural boundary f or the industrial and residential zoning. He does not feel anything has changed in this respect, and is opposed to the zone .request. submitted copies of a letter written June 2, 1967, to City Manager Dial from Mrs. Stanley and Mrs. Perry; a letter from City Manager Dial dated June 8, 1967; and three copies o f a letter directed to the attention of Mr. Carlson, Chairman of the Planning Commission, dated September 8, 1967. She stated she was opposed to the zone request. reviewed the problems in the area --sewer installation; buffer strip between the industrial and residentially zoned areas; junk auto yards. She submitted a letter dated June 20, 1961, directed to City Manager L. R. Rudd, opposing zoning in the area for junk yards, and stated that the Improyement Association has been active and working for the better- ment of their community for some years. She stated she was opposed t o this request, and asked that it be denied . stated he was opposed to the request. He stated the industrial zon~ng in the area had produced nothing but junk yards and litters of dogs and cats. 2401 S. Pecos -stated the area was annexed in 1957 under a residential zone classification He now lives in an I-1 zone area. He stated that people fr om the Denver area and beyond dump their trash on his property, and if the request is granted, he felt this same problem would develop there. He pointed out that the applicant does not live in the area, but across town. He stated there were some nice homes in the subject block, and he did not feel it would be fair to the other residents to allow the industrial zoning to extend further north. Mr. Highland 2173 W. Warren stated this zoning was not needed, and asked that the creek be kept as the boundary. Mrs. Romans asked that letters from Mr .. and Mrs. Perry, and from Mr. and Mrs. Chambers in protest to the requeste be entered in the record. Mr. Hackler stated he wished to point out that over 50% of the property owners in the subject block signed to request the rezoning. Mr. Parkinson questioned Mr. Hackler's statement that his land could not be used for resi- dential use? He asked if it could be better utilized as industrial? Mr. Hackler stated that he had over two dozen calls from interested people, but they all wanted industrial zoning on his land. They were interested in nurseries, warehouses, dump for sweepings fr om parking lots and streets. Mr. Miller 2319 W. Harvard -stated the creek is a flood hazard, and needs to be cleaned up. He felt the zoning of this area as industrial gr ound would enable the area to clean up, and would be a benefit to the community. Mr. Parkinson asked for a hand-count of those present in favor of the request and those opposed. Six persons indicated tpey were in favor; 33 opposed. Mrs. Rhodus 2323 W. Harvard -stated she felt the people in the area should be allowed to live there in peace; she did not feel the area would sell any better or develop even if it was rezoned. Mr. Fulton presented a petition signed by Mr. and Mrs. Thomas and Mr. and Mrs. Allen, property owners within the subject block opposing the rezoning, and two petitions signed by residents of the area in attendance at the meeting who are opposed to the rezoning. Page 1002 Touchton moved: Rice seconded: The Hearing be closed. The motion carried unanimously. Parkinson moved: Love seconded: The matter be tabled for further consideration. The motion carried unanimously. VI. REX T. GARRETT 1451 W. Tufts Parkinson moved: Love seconded: REZONING CASE #21-67A R-1-C to I-1 The Public Hearing be opened. The motion carried unanimously. Mrs. Romans reviewed the application. Mr. Rex Garrett is requesting a change of zone classi- fication for the area at 1451 West Tufts Avenue, immediately west of the City Ditch. The area has been posted, and publication was given in the Englewood Herald. The present zone classification of the area is R-1-C; Mr. Garrett is requesting I-1. Mrs. Romans indicated the area on the map; it has residential zoning to the east and south; there is industrial to the north and west. The Comprehensive Zoning Ordinance was reviewed, pointing out uses that must have the approval of the Planning Commission before permits are obtained; screening requirements and limitations on external effects were also cited. Mr. Garrett stated he felt the area would be better developed as industrial; he pointed out that under the present zone classification, homes of 850 sq. ft. floor area could be built in the area. Many of these homes would have no basements because of the topography of the land, and the difficulty in sewer service to the area. He stated he wanted to develop a landscaped Industrial Park on this property, and submitted a plan for such development to the Commission. Mr. Garrett stated he would provide off-street parking for each industrial use, and low-growing evergreen shrubs would be planted along the streets. Mr. Carlson asked for any one who wished to speak in favor of the request to do so. There were no persons present who wished to speak in favor of the request. Mr. Carlson asked if there were persons present who wished to speak in opposition to the requested rezoning? Mr. Stohn 1530 W. Tufts Mr. Jungck 4606 S. Mariposa - Mr. Webber stated he was opposed to the rezoning request. He presented a petition signed by residents of the area in opposition, and requested a vote during the session. stated he felt there was enough industry in the area. He also stated that they purchased the land for their home from Mr. Garrett, and were told at the time that the entire area would be developed as residential; since then there has been some increase in the industrially zoned land in this area, and some of the uses are very offensive. No screening is provided, and the residents living on the hill have to look down over this industrial area. 4545 S. Lipan Ct. -stated he worked for IBM in Boulder, and in his travels over the country has seen quite a few industrial establishments. He stated he purchased his property for a "home", and he drives 100 miles per day to live in this area. He stated he would like to see the area stay residentially zoned, even if smaller homes were constructed on the site. Mr. Manning 1540 W. Tufts Mrs. Manning 1540 W. Tufts Mr. Jungck 4606 S. Mariposa - Mr. Eldridge 1450 W. Tufts - stated there were three industries just north of the City reservoir, and one had a neon sign, 4 or 5 feet square, which was kept burning all night long; he stated he was opposed. stated she felt Mr. Garrett's request was solely for personal gain, and was opposed. stated he felt the City would be needing additional homes for employees of the New Englewood Shopping complex. stated that land in the immediate area had been zoned heavy industrial two years ago, and that residents of the area were not notified. Mrs. Romans stated that this action had been taken by Arapahoe County in zoning that portirn of the area which still remains in the County. Mr. Webber 4545 S. Lipan Ct. -stated that he was told a letter from Mrs. Molitor had been sent to the Commission. Mrs. Romans stated that no letter had been received. Mrs. Jungck, secretary to City Manager Dial, stated that the letter had been sent to Mayor Allen, and should have been forwarded to the Planning Department in time for the Hearing this evening, but had not been. I I I I I I Page 1003 Mr. Wall 4585 S. Lipan Ct. -commented on the Plastics Plant that is in the area. He stated there was no screening, and the area looks like a dump. He further commented on the odor that is emitted from the Plant. Mrs. Kibba 4660 S. Mariposa Dr. -stated there were nice homes in the area and they had no guarantee that screening would be provided. She was opposed. Mr. Gray 1130 W. Stanford Dr. -stated he felt this area would be needed for residential development, and he did not want to see it change and become like the area in which the Plastics Plant is located. Mr. Kratzer 1150 W. Stanford stated his property has decreased in value since the plastics plant was built. Mr. Garrett questioned the statement in the petition of the opponents that the rezoning would be "inconsistent", and again pointed out that there is light industrial zoning to the north of the property in Englewood, and heavy industrial zoning in the County to t he west of his property. He stated he felt there is a demand for landscaped industrial parks in the area. He felt that industrial use is the proper use for this land. Mrs. Lundock 4600 S. Mariposa Dr. -stated that they have their property for sale , and they have been told by four real estate dealers that their property would be more valuable if there were not industrial zoning in such close proximity . Mr. Webber 4545 S. Lipan Ct. -asked if it was becoming the practice to impose light industrial zoning next to an R-1-A district? He stated it was not done in the larger cities . He asked if this zoning was granted, if it would bring about a reclassification of the entire area? Mrs. Romans stated that any change in zoning would have to be requested by a property owner, but she did not anticipate that the area to the East of the City Ditch would be changing. Mr. Manning 1540 W. Tufts -stated there was a great deal of vacant land that is presently zoned industrial. He also stated that he did not see that homes in the price range of $11,000 were undesirable homes, that he himself lived in a home o f that price range, and had lived there for eleven years. Love moved: Touchton seconded: The Public Hearing be closed. The motion carried unanimously. Mr. Stohn 1530 W. Tufts -again asked f or a vote in this session. Mr. Carlson asked for those in favor of the proposal and those opposed to the proposal to raise their hands. One person indicated he was in favor of the request; 23 persons opposed to the request. Mr. Carlson called for the vote on the motion; the motion carried unanimously. Love moved : Parkinson seconded: The matter be tabled for further consideration. The motion carried unanimously. A recess of the meeting was called by Chairman Carlson. The meeting was called to order by Chairman Carlson. VII. COMPREHENSIVE ZONING ORDINANCE Technical School Dormitory CASE #22-67 Mrs. Romans stated she had received a memo from Chief Building Inspector Wallace requesting interpretation by the Planning Commission on the classification of a dormitory. This dormitory would be used to provide housing for 400 young men attending a technical trade school. Discussion followed. It was the determination of the Planning Commission that such a use would be an "accessory use" to the technical trade school were it to be located on the same property as the school. VIII. DETERMINATION OF CASES BEFORE PLANNING COMMISSION. A. NEW ENGLEWOOD CASE #16-67B Rice moved: Woods seconded: Case #16-67B be raised from the table. The motion carried unanimously. Discussion of the Public Hearing ensued. Page 1004 Rice moved: Love seconded: The Planning Commission recommend to City Council that the rezoning re- quest of New Englewood, Ltd. for change of zone for an area 150' x 150' on the southeast corner of South Elati Street and West Floyd Avenue be approved for the following reasons: (1) the need has been established by the applicant ; (2) it does not constitute an unreasonable zone adjacent to the shopping complex; (3) the location of the proposed rezoning is screened from the adjacent residential area by a roadway and planting strip. The motion carried unanimously. B, CLIFFORD HACKLER CASE #17-67B Love moved: Woods seconded: The matter of Case #17-67B be raised from the table. The motion carried unanimously. Discussion of the public hearing followed. Mr. Parkinson asked if there was anything else in the topography o f the area besides the draw that would form a natural barrier between the industrial and residential areas? Mrs. Romans displayed a land-use map of the area. She pointed out that zoning classifications usually break on an alley line, thus avoiding two opposing classifications directly across the street from one another. This request would break the zone on the street. Further discussion followed. Love moved : Touchton seconded: The Planning Commission not recommend the rezoning of the area requeste:i by Mr. Clifford Hackler for the following reasons: (1) there has been no change in the area to warrant the rezoning ; (2) the present boundary is felt to provide the natural boundary of the two zone classifications; (3) there has been shown no indicated need for additional I-1 zoning in the area. The motion carried unanimously. C. REX T. GARRETT CASE #21-67A Touchton moved: Woods seconded: The matter of Case #21-67A be raised from the table. The motion carried unanimously. The Public Hearing was discussed. Mr. Rice commented that if the people of the area f elt they would rather have lower priced homes on the tract than a light industrial use, he would have to vote for denial o f the request. Mr. Woods stated it would not appear that additional industrial zoning was needed at this time. Further discussion followed. Woods moved: Rice seconded: Case #21-67A be denied based on the following reasons: (1) there is industrial land available in the area for development ; (2) the request would not be compatible with the zoning of the adjacent areas to the east and south; (3) the residents of the area were in strong opposition to the request. The motion carried unanimously. D. JOHN B. CARTWRIGHT CASE #20-67A Mrs. Romans stated that the error in the legal description for this rezoning request would be correct for the next publication. The Commission asked Mr. Criswell what the procedure should be? Mr. Criswell stated that inasmuch as the error was on the part o f the City, the Commission should probably initiate this rezoning and set another date for Public Hearing. Rice moved: Parkinson seconded: The Public Hearing on the rezoning request of John B. Cartwright be set f or October 18, 1967, the property to be posted, and publication given in the Englewood Herald. The motion carried unanimously. E. FLOYD AVENUE CONTRACT. Discussion of the suggested amendment to the Floyd Avenue Contract ensued. Love moved: Rice seconded: The Planning Commission recommend that City Council make the technical adjustments in the screening and roadway provisions of the Floyd Avenue Contract as shown in revised Exhibit "A". Further discussion followed. Upon the call of the roll, the motion carried unanimously. I I I I I I Love moved: Parkinson seconded: The meeting be adjourned. The motion carried unanimously, and the meeting adjourned at 11:00 P.M. Gertrude G. Welty Recording Secretary Page 1005 MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 20, 1967 SUBJECT: Approval of Rezoning Request by New Englewood, Ltd . RECOMMENDATION: The Planning Commission recommend to City Council that the rezoning request of New Englewood, Ltd. for change of zone for an area 150' x 150' on the southeast corner of South Elati Street and West Floyd Avenue be approved for the following reasons: (1) the need has been established by the applicant; (2) it does not constitute an unreasonable zone adjacent to the shopping complex; (3) the location of the proposed rezoning is screened from the adjacent residential area by a roadway and planting strip. 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 PLANNING AND ZONING COMMISSION. DATE: September 20, 1967 SUBJECT: Floyd Avenue Contract RECOMMENDATION: The Planning Commission recommend that City Council make the technical adjustments in the screening and roadway provisions of the Floyd Avenue Contract as shown in revised Exhibit "A". 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 REGULAR MEETING October 4, 1967 The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Carlson. Members Present: Woods; Touchton; Rice; Parkinson; Carlson Members absent: Love II. APPROVAL OF MINUTES. Mr. Carlson stated the Minutes of September 20, 1967, Special Meeting and Regular Meeting, were to be considered for approval. Parkinson moved: Woods seconded : The Minutes of September 20, 1967, Special and Regular Meeting, be approved as written. The motion carried unanimously. - - -- - -- ---- - --- - --- --