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HomeMy WebLinkAbout1967-12-06 PZC MINUTESI I I I. CALL TO ORDER. ·CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 6, 1967 Page 1013 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, Parkinson, Carlson Romans, Ex-officio Criswell, City Attorney Members absent: Rice, Love II. APPROVAL OF MINUTES. Mr. Carlson stated the Minutes of November 8, 1967 were to be considered for approval. Parkinson moved: Woods seconded: The Minutes of November 8, 1967, be approved as written. The motion carried unanimously. III. RICHARD BANTA Mr. Goorman Parkinson moved: Touchton seconded: ALLEY VACATION CASE #29-67A 3500 South Inca-Jason The order of the agenda be waived to consider the matter of the Inca- Jason alley vacation. The motion carried unanimously. Mrs. Romans stated that Mr. Banta had contacted the Planning Department to see whether or not consideration could be given to the partial vacation of the Inca-Jason alley and the dedication of an alternate access-way connecting the remaining dedicate d portion of the alley with South Jason Street. The proposed vacation would be that portion of the alley which is adjacent to Lots 1 thru 7 and Lots 26 thru 32, Block 6~ Englewood Subdivision. Because Mr. Banta had indicated that he would prefer to have some idea as to any problems that might be incurred before he made formal application, the matter was referred, by the staff, to the various utility departments of the City, the utility companies which would be concerned and the State Highway Department. The following replies were received and had been made available to Mr. Banta: From Police Chief Clasby: "In reference to your memorandum of November 3, 1967, regarding the above, please be advised that this department feels there would be no problem arising out of said vacation and dedication, and that it would have no effect on the services supplied said area by the police department." From Fire Chief Sovern: "Regarding the proposed alley vacation, if there was a definite proposal where we knew the full reason for the vacation, this Department would be willing to grant the request, however, I do not feel that in a speculative stage such a dedication should be granted. Further with our looking ahead to larger equipment, that a 15-ft. turning radius will be adequate, and, particularly, in this location, due to the present building construction on the east side of the alley and south of this location. We do not feel that closing of the alley will create any insurmountable problems but, as previously expressed, the proposal should not be in a speculative state." From the Colorado Department of Highways, by William S. Shepherd : "We have no objection to vacation of the alleyway running south from Colorado 70 between South Inca and South Jason Street. It is hoped that access to the proposed building sites and parking area can be obtained from South Inca or South Jason Street to provide minimum congestion on the highway." From Public Service Company, Gas Distribution: "The Gas Distribution Department of Public Service Company has no facilities in the area involved and would have no objection to the proposed vacation and dedication." From Public Service Company, Electric Distribution: "Reference is made to your letter of November 3, 1967 regarding the proposed vacation of a portion of the alley in Block 6, Englewood Subdivision. Please be advised that Public Service Company is presently maintaining an overhead electric distribution line in this alley and that this department requests that an easement be reserved for these facilities if the alley is vacate d. We wish to point out that this line is a main feeder tie and that if any construction beneath this line is anticipated that the developers of this property contact this department im- mediately." From Mountain States Telephone: "In reference to your letter dated November 3, 1967, we are enclosing our sketch showing existing telephone plant in that portion of the Inca-Jason Alley where vacation is proposed. The heavy line indicates the new cable route if this work be- comes necessary. We would like to contact the property owners for more information, which must be forwarded to our Commercial Department for possible billing. The estimated cost of this work will be about $1,200.00, but definite charges cannot be established until all information is made available. Page 1014 If we can be of further assistance in this matter please contact Mr. T. D. Sylvester or Mr. E. Dolenc, 266-4205." From Public Works Director Waggoner: "In reply to your memo dated November 4, 1967, concerning the vacation of the alley adjacent to Lots 1 thru 16* and lots 26 thru 32, Block 6, Englewood Subdivision. If the alley were to be vacated adjacent to the above named lots there would be a problem with drainage, since the elevation at the south end of the alley is approximately the same elevation as the location where the new alley dedication would out-let on South Jason Street. In order for drainage to go south in the remainder of the alley the grade would have to be raised approximately two feet. We are in agreement with your memo that a 15 foot minimum turning radius would have to be installed on the inside corner of the proposed "L" alley. There was installed recently in State Highway 70 a sanitary sewer which could be extended south along the existing alley in order to serve more land with a greater sewer depth than presently exists. For the above reasons I would recommend against the partial vacation as proposed. It would be possible, however, to extend the sewer west to Jason Street if we had an easement across the northern portion of Lot 32 and then to extend the sewer south along South Jason Street to serve other property as mentioned above. If this were the case then probably a total alley vacation would be the answer." *This is an error; the lots in question are Lots 1 through 7. From Utilities Director Dobratz: "Attached hereto is your map of the alley in question. Please note that I have added the existing sanitary sewer facilities to the same. There presently exists portions of two sanitary sewers in the section of the alley proposed to be vacated. The sewer which flows south to West Ithaca is active and collects sewer from five structures located on Lots 1-7, 26-32 (see attached map). Your memorandum would tend to indicate these buildings would be removed if a larger structure were to be constructed across the alley. If this were the case, that portion of the sewer line could be abandoned with the construction of a new manhole at the proposed new alley. The other sewer line, the manhole of which is located 10 feet south of the south property line of State Highway 70, presently is not used. This line was installed by Mr. Goorman and turned over to the City. The new sewer was constructed in order to obtain more depth than there exists in the old line (new manhole 9.5 ft. deep, old manhole 3.5 ft. deep). The design of the new manhole was such as to eventually extend a deeper line to the south and/or west in order to service that property west of Jason Street as well as Block 6, Englewood Subdivision. Due to the fact the new manhole has been stubbed south and designed for future sewer con- struction, I feel the alley should not be vacated." Mr. Banta stated that he is requesting the alley vacation on behalf of his client, Goorman Electric Company, which owns the property on either side of the requested alley vacation. Referring to the comments which had been received, he stated there would be no problem in relocating the telephone cables. Mr. Banta discussed the sewer line which exists to the south of the portion for which the vacation is requested, and the manhole which exists at the north end of the block. He felt this line, if extended from the north manhole, would run west to Jason and south to serve those properties. Mr. Parkinson questioned whether or not they had considered the possible drainage problem as set forth by Public Works Director Waggoner? Mr. Banta stated the present alley was cut to permit drainage to the north ; this could be drained to the west through the proposed dedication to South Jason Street. Mr. Banta stated that there are 4 or 5 lots which are not owned by Goorman Electric, and they hadn't really considered a complete vacation of the alley for this reason. Mr. Love entered and took his place with the Commission members. Mr. Banta stated that any necessary rerouting of telephone cables, sewer lines, or electric lines would be done, and would be done at the owners' expense. Discussion followed. Mr . Touchton stated he felt the other property owner in the block should be notified of the request and his opinion asked. Mr. Banta stated that the matter had been discussed with the remaining property owner and he had no objection to the plan. Further discussion followed. Commission members were assured by Mrs. Romans and Mr. Banta that other property owners in Block 6, Englewood Subdivision, would be notified of the re- quest before the City Council considered the matter. Parkinson moved: Love seconded: • The Planning Commission recommend to City Council that the requested vacation of the alley adjacent to Lots 1 through 7 and Lots 26 through 32, Block 6, Englewood Subdivision, be approved; that the dedication of an alternate 20 ft. alley with a 15 ft. turning radius to be dedicated north of the south line of Lot 26 west to South Jason Street be accepted; that all necessary drainage, sewer, and utility easements be retained in the alley for which the vacation request was made; and that the applicant be required to stand all expenses incurred by the relocation of existing utility and sewer lines should this be required by the City or the affected Utility Company. The motion carried unanimously. -- ---- -- -- - --- - - - - - -- I -I I I I I Page 1015 IV. NORTHWEST ENGLEWOOD REZONING CASE #30-67 I-1 to R-1-C Mrs. Romans stated that a petition had been presented to the Planning Department by Mrs. Perry and Mrs. Stanley in which the .City was requested to initiate the rezoning of Block 77, Sharidan Heights, "including West Warren". However, Mrs. Perry had stated that the signers of the petition were in Block 77 and Block 78 of Sharidan Heights, and Block 7 of Alta Vista, and they had intended that those areas be included in the request. From this petition, letters were sent to the signers asking them to come to the meeting to discuss their request, and clarify the exact area for which the petition was circulated. The change of zone is requested from I-1 (light industrial) to R-1-C (single family residential). Mr. Carlson stated that Commission members had met earlier in the afternoon and had personally inspected the area. He asked if the citizens in attendance had a designated spokesman? Mr. Charles Mason 2000 W. Adriatic Pl. -stated the residents of Northwest Englewood feel there has been a definite loss of value to their residences, a result of the zoning in the area. stated the residents of the area wanted to include the area between Iliff and Warren, Tejon and Pecos, and to encompass the school site in the rezoning request. He stated he had received the impression that the School District did not want to invest money in the area for a new school. The school property is located in the industrial district, and he stated the school would have to vacate that property in ten years because of the zoning. He cited a recent study of the Scenic View area done by the School District, dated November 1967. Mr. Mason stated they feel the auto and junk yards have further decreased values in the area. He pointed out that there is a rider in the deeds of the area which states that no junk yards will be permitted. He charged that the City has violated public trust by merely attempting to regulate these uses, and not eliminating them completely. Mr. Mason stated that it is difficult to get a home loan in the area; with a vacated school, the area will become just that much more undesirable for new residential development, and stated he felt there was collusion between the City government and the School Board. Mr. Mason further stated that informa- tion has been submitted to the County Attorney and there is a possibility of a nrand Jury investigation. He also charged that the City has aided and abetted the operation of the salvage and junk yards. Mr. Parkinson stated he wished to thank Mr. Mason for his presentation, .and. pointed out that the City government and the School District are two distinct, separate bodies, and that he felt it was a very fortunate fact that there has been a spirit of cooperation between these two bodies in considering mutual problems. Mr. Parkinson stated that the City has worked to clean up the junk yards, but that the City cannot eliminate them. Mr. Criswell stated he had talked with Mrs. Perry recently, and suggested to her that the City has no right to enforce the private covenants which Mr. Mason had referred to. The citizens of the area have allowed the salvage and junk yards to operate in violation of these covenants, and there is nothing the City can do to enforce the covenants. The matter of enforcement is up to the property owners in the area as parties to the covenants. Mr. Criswell also discussed the paving and assessment of costs of South Tejon; the assessments were set up so that the property owners on the west side of South Tejon would pay no more than they would have paid had the stree~ been residential. In other words, the industrial property to the east paid for one-half the street width paving; the property owner on the west side paid for what would have been one-half of the street width of a residential street; the difference between one-half an industrial street and one-half a .residential street was paid for by the City. The City also stood the difference in cost between the Hollywood curb and gutter and the vertical curb and gutter which was installed on South Tejon Street. Mr. Love stated he was a recently appointed School Board member, and stated he too felt it was fortunate that there was cooperation between the School District and the City. He stated that both bodies have similar problems that are not easily solved, but that he personally felt there would be a school in the Scenic View area as long as the residents of the area wanted it there. Mr. Mason stated that most of the tracts in the area west of Tejon were acre tracts, and that paving of streets in this area would be a great fin~ncial burden for these residents. He also stated that a couple of the councilmen-elect have stated that there will be no more rezoning of the residential area to industrial as long as there is vacant industrial ground. It was pointed out to Mr. Mason that in ten years there has been one block rezoned from residential to industrial in this area --a block with industrial zoning and use on three sides. This change was made in 1963 when the new Comprehensive Zoning Ordinance was adopted. At no other time and in no other instance has any portion of the residential district in Northwest Englewood been changed to industrial. Mr. Mason was referred to the 1955 zoning map, amended to 1963, for that area, and then to the 1963 zoning map for the area. Mrs. Romans pointed out that the area adjacent to South Tejon Street had been zoned for heavy industry under the amended 1955 Zoning Ordinance, and that the 1963 Zoning Ordinance had changed that classification to a light industrial district on the City's initiation. Screening provisions were written into the 1963 Comprehensive Ordinance to protect residential districts abutting the industrial districts. Mrs. Perry 2349 W. Harvard -stated she felt the zoning could be changed for the betterment of the area, and to the advantage of the City and people in the area; and stated that she had a $40,000 home. She stated that prior to annexation to the City, the area was zoned R-A (Residential-agricultural) by the County, and that this zoning to industrial has all taken place since tre area was annexed. She stated residents of the area have been denied the highest use of their land. Discussion followed. Mrs. Romans pointed out that the restrictions referred to by Mr. Mason were not written into the Plats for Sharidan Heights or Alta Vista Subdivision, the areas which are under consideration at the present time. The restrictions were written into the plats on Southlawn Gardens Annex, and this particular subdivision is not under consideration but is indeed in the area zoned for residential use. Page 1016 Mr. D. Fox 1985 w. Iliff -stated the area used to be residential and was changed to industrial with no notification to property owners. He asked how and why this was done. Mrs. Romans reviewed action by the City on the entire area. It was originally thought, after annexation, that the area east of Tejon would be zoned industrial. A hearing was held on February 27, 1958, at which time no opposition to the rezoning was indicated. In April of 1958, correspondence from Planning Director Lacy to City Manager Rudd stated that a complaint from Mr. D. Fox had been made, stating that industrial zoning made it impossible for him to obtain a home improvement loan. A survey of four local loan companies on the relationship of zoning to securing home loans was made by Mr. Lacy, and was inconclusive, inasmuch as two said there was a relationship between the zoning of an area and a loan being made and two said there was not a relationship. City Council requested a hearing before Planning Commission on the rezoning of Block 77, Sharidan Heights, from M-2 to R-1-D and hearing was held on May 28, 1958. The hearing before City Council on the recommended rezoning was held June 11, 1958 and the rezoning was subsequently approved by the Council and Block 77, Sharidan Heights was zoned R-1-D. In 1963 when the Comprehensive Zoning Ordinance was adopted, the entire City wss posted at main entrances and along arterial streets, and publication was given in the official City newspaper, the Englewood Herald. This block was proposed to be changed from R-1-D to I-1 after property owners in the area contacted the Planning Department requesting a change. Three persons attended the hearing to protest the change, and one person indicated he was in favor. It was felt by the City that with the screening provisions built into the I-1 zone classification, that this zoning would enable development and improvement of the entire area and the change was made effective with the adoption of the 1963 Comprehensive Zoning Ordinance. Mr. Gance 1909 W. Iliff -stated he had a 10 room, $10,000 home at that address; he stated the block is densely populated. He stated he has tried to sell his property and can't give it away; neither can he get a loan on the property. He stated he owned four lots; his house is built on two. He wanted the block returned to resi- dential zoning; he felt this would enable him to sell his property. Mr. Holifield 2052 W. Iliff -stated he was one of the persons who circulated the petitions. A Mr. Brewer rents a home in this area, and he told Mr. Holifield that if the area were zoned for residential use, he would purchase the home. They want the area between Tejon and Pecos, Iliff and Warren encompassed in the rezoning request. He stated that the people would accept uses presently there, such as Western Technical College and Barton Brothers Company, if the area could be rezoned. Mr. Love pointed out that Western Technical College is not a public school, and would be non- conforming in a residential zone district; Barton Brothers Company would also be non-conforming. Discussion followed. Mr. Criswell stated there were two issues before the Commission at this point: 1) Does the Commission want to initiate the rezoning? and 2) What area would this encompass? Discussion of the petition followed. The heading of the petition reads: ''A proposed change of zone may be submitted by the City Council, the Commission, or the Board without fee. We the undersigned owners in Block 77, do hereby request that the City change the zoning of our block back to R-1-C. This consists of W. Iliff and W. Baltic from South Tejon to S. Raritan and which is now I-1, including West Warren." However, signatures are from Block 78 as well as Block 77. Discussion followed. Mr. Mason stated they would acknowledge that the petitions were in error. They would be willing to circulate petitions with a corrected legal description if it were so desired. Mr. Criswell pointed out that a protest petition is the petition to which consideration is given by law, but that he would be happy to help them draft a proper petition, if they so chose. Discussion of the area to be included followed. Mrs. Romans stated she had been contacted by a representative of the Barton Brothers Company, and was told they did not want their property to be zoned for residential use. Parkinson moved: Love seconded: In view of the fact that the zoning of Block 77, Sharidan Heights, may have been contrary to the desires of the neighborhood, the City initiate the re- zoning of Block 77, 78, 79, Sharidan Heights, Block 6 and 7, Alta Vista, and the south 1 /2 of Block 92, Sheridan Heights, from I-1 (Light Industrial) to R-1-C (Single-family Residential); the date for public hearing be set for January 17th, 1968; the property to be posted and publication given in the official City newspaper. The motion carried unanimously. V. REFERRAL FROM BUILDING DEPARTMENT CASE #31-67 Mrs. Romans stated that Chief Building Inspector has referred to the Planning Commission a letter from Mr. Bowers of Van Schaack Company, who has a client interested in the property at 3242 South Broadway. This property is zoned B-1 (Business). The client has a service operation for electronic protection on fire, burglary and the monitoring of emergency radio calls, a 24-hour service requiring an on-hand caretaker-attendant. The agent, Mr. Bowers, stated it is proposed to remodel the building to accommodate living quarters for a man and his wife. The use in itself is not specifically mentioned as a permitted use in the Compre- hensive Zoning Ordinance, and Mr. Wallace cited uses in the Ordinance which have a similarity, such as ambulance service with resident operators, and hotels. Mr. Wallace also felt it was similar to Telephone Exchanges and Telegraph Offices. Discussion ensued. The Commission agreed that the resident caretaker would be an accessory use. I I I I I I Parkinson moved: Touchton seconded: Page 1017 The use be permitted under Paragraph b (107) Section 22.4-10, which reads: Any similar lawful use which, in the opinion of the Commission is not objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare or vibration or is not hazardous to the health and property of the surrounding areas through danger of fire or explosion" and that the Chief Building Inspector tightly enforce the restrictions on external effects set forth in the Comprehensive Zoning Ordinance. The motion carried unanimously. Woods moved: Love seconded: The meeting be adjourned. The motion carried; the meeting adjourned at 10:25 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: SUBJECT: RECOMMENDATION: December 6, 1967 Vacation of 3500 South Inca-South Jason Alley. The Planning Commission recommend to City Council that the requested vacation of the alley adjacent to Lots 1 through 7 and Lots 26 through 32, Block 6, Englewood Subdivision, be approved; that the dedication of an alternate 20 ft. alley with a 15 ft. turning radius to be dedicated north of the south line of Lot 26 west . to South Jason Street be accepted; that all necessary drainage, sewer, and utility easements be retained in the alley for which the vacation request was made; and that the applicant . be required to stand all expenses incurred by the relocation of existing utility and sewer lines should this be required by the City or the affected Utility Company. 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 DECEMBER 20, 1967 The regular meeting of the City Planning and Zoning Commission was called to order at 8:10 P.M. by Chairman Carlson. Members present: Woods~ Touchton; Parkinson; Love; Carlson Romans, Ex-officio Members absent: Rice II. APPROVAL OF MINUTES. Mr. Carlson stated the Minutes of the December 6, 1967 meeting were to be considered for approval. Parkinson moved: Woods seconded: The Minutes of December 6, 1967, be approved as written. The motion carried unanimously. III. AUDIENCE. l j Mr. Carlson welcomed the audience to the meeting. wished to discuss with the Commission? He asked if they had something they Mr. D. Fox 1985 W. Iliff -stated he was concerned about the lack of street sanding in the area, particularly on Iliff. He stated that if the City would place a load of gravel there, he himself would be willing to put it on the street. Mr. Carlson stated that note would be made of the matter, and would be referred to the proper department.