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HomeMy WebLinkAbout1968-12-18 PZC MINUTESPage 1114 I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 18, 1968 The regular meeting of the City Planning and Zoning Commission was called to order at 8:05 P.M. by Chairman Woods. Members present: Carlson; Lone; Parkinson; Touchton; Woods Romans, Ex-officio Members absent: Lentsch Also present: City Attorney Criswell II. APPROVAL OF MINUTES. Mr. Woods stated the Minutes of December 4, 1968, were to be considered for approval. Touchton moved: Parkinson seconded: The Minutes of December 4, 1968, be approved as written. The motion carried unanimously. III. OLIVER D. SIDEBOTTOM 3500 S. Clarkson REZONING R-2-B to R-3-A CASE #40-68B November 20, 1968 Parkinson moved: Lone seconded: The Public Hearing be opened. The motion carried unanimously. Mr. Woods asked the Planning Director for a summary of the application. Mrs. Romans stated that the application was filed by Mr. Sidebottom on October 24, 1968, and the required filing fee was paid that date. The property has been properly posted, and public notice appeared in the Englewood Herald on December 2, 1968. The area is bounded on the west by the center- line of South Clarkson, on the north by the south line of the B-2 Zone District on the south side of East Hampden Avenue, on the east by the centerline of South Emerson Street, and on the south by the City Boundary line along U.S. 285 (Highway 70). The present zone classif:ica- tion is R-2-B (Two-famlly Residential), and the requested zoning is R-3-A (Multi-family Resi- dential). Other property owners joining in the application were: John and Esther Kirk; Luella M. Thomas; Lewis E. Randolph; Ernest H. Brink, and Hugh P. Thomas. Mrs. Romans pointed out that there is a nursing home within the area which is now non-conforming. If this area were to be rezoned to the requested R-3-A, this use would then be in the proper zone classification. Mrs. Romans pointed out that an apartment structure built under the present R-3-A zone classification cannot have less than 12 units per structure, with not more than two rooms designed primarily for sleeping purposes per unit. Mr. Sidebottom property owner at 3530 S. Clarkson - Mr. Brink 3560 S. Clarkson Mr. Randolph 3556 S. Clarkson stated that he has planned 43 units for the property at this address. He pointed out that there is R-3-A zoning to the west across Clarkson Street, and that if this request were approved, it would make the nursing home which is included in this area a conforming use. stated he was in favor of the R-3-A zoning. He pointed out that the nursery school, the nursing home, and one or two other property owners in the area are "earning a living out of their homes", and he felt it was only right that the remainder of the block be allowed the same privilege. stated he felt the area was going to go R-3 and that it should. He stated they look right across the street into developments permitted in the R-3 zone, and he is in favor of the zone change. Mr. Woods asked for any one in opposition to speak. There was no one present who wished to speak in opposition. Mr. Woods asked for a show of hands of those present in favor of the zone change. Nine persons indicated they were in favor of the change. Mr. Woods asked for a show of hands of those persons in opposition to the change. No one indicated opposition. Lone moved: Parkinson seconded: The Public Hearing be closed. The motion carried unanimously. Parkinson moved: Lone seconded: The matter be tabled for further consideration. The motion carried unanimously. I I I I I I IV. BAPTIST THEOLOGICAL SEMINARY 3401 S. University Boulevard Touchton moved: ZONING R-3-B Parkinson seconded: The Public Hearing be opened. The motion carried unanimously. Page 1115 CASE #38-68A November 6, 1968 Mrs. Romans stated that this zoning was initiated by the Planning Commission upon receipt of an annexation petition by the City Clerk for the east 12 acres +/-of the former Kent School Site at 3401 South University Boulevard. The 1965 Annexation Law requires a City Place newly annexed land in a zone classification within 90 days of the final action on the annexation petition. She stated that the Baptist Theological Seminary owns this land, and is planning to use it for a graduate theological school. Permits for remodeling of the existing buildings and construction of new dormitories had been taken out from Arapahoe County prior to the filing of the petition for annexation with the City of Englewood. Mrs. Romans pointed out that a church is a permitted use in any zone district; however, the height to which the Seminary is building their dormitories would be permitted in a zone district with lesser density than the R-3-B District. It was stated that the property has been posted, and publication was in the official City newspaper as required. Mr. Woods asked for those in favor of the zoning to speak. Mr. Birk, administrative vice president of the Seminary Board, stated they had no further information to add. Mr. Woods asked for those in opposition to speak. There was no one present in opposition. Mr. Woods asked for a show of hands of those in favor. Four persons indicated they were in favor of the zoning. Mr. Woods asked for those in opposition to raise their hands. There were none opposed. Touchton moved: Lone seconded: The Public Hearing be closed. The motion carried unanimously. Lone moved: Carlson seconded: The matter be tabled for further consideration. The motion carried unanimously. V. M. E. COLLIER 4100 S. Bannock Parkinson moved: REZONING R-1-C to R-3-B Lone seconded: The Public Hearing be opened. The motion carried unanimously. CASE #41-68A November 20, 1968 Mrs. Romans stated that application was filed by Mr. Graham, Counsel for Mr. Collier, on November 18, 1968, and the $50.00 fee was paid. The property has been posted and the public notice of the Hearing was published in the Englewood Herald on December 2, 1968. This application encompasses Lots 1 ihru 9, Block 18, Jackson's Broadway Heights, or the old Hawthorne School site. The area is bounded on the north by the centerline of Oxford Avenue, on the west by the centerline of South Bannock Street, on the south by the southern boundary of Lot 9, and on the east by the centerline of the Bannock/Acoma alley. The present zoning is R-1-C (Single-family Residential) and the requested zoning is R-3-B (Multi-family Residential). The area to the east on Acoma Street is zoned R-2-B (Two- family Residential), and the School Administration complex is across the street to the west of this site. Mrs. Romans read the following letter from Acting Superintendent Harper: "December 17, 1968 Mrs. Dorothy Andrews Romans Director, City Planning City of Englewood 3400 South Elati Englewood, Colorado 80110 Dear Mrs. Romans: Mr. Collier and Mr. Graham presented to me the plans for the development of the Hawthorne site if they are successful in having this rezoned. They also indicated to me that the residents in this area have been most favorable to this rezoning. I discussed the rezoning with the Board of Education at our regular meeting on Monday, December 16, 1968. The Board went on record as approving the rezoning of this site for multi-family units. We appreciate your concern for the schools as you plan rezoning in Englewood. Sincerely, Donald W. Harper Acting Superintendent" Mrs. Romans stated the only other contact that she had on the matter was a conversation with Mr. David Clayton, who was concerned that the remainder of the block and the frontage on South Acoma Street in the 4100 block had not been included in the application. He is in favor of this particular application, however. P ag e 1116 Mr. Graham stated that Mr. Collier had petitioned the immediate neighborhood and had gotten 73 signatures representing 52 properties in the area; this petition was filed with the Com- mission. He stated there appears to be a favorable reaction in the neighborhood to the re- quested rezoning. As a matter of interest to the Commission, Mr. Graham then asked Mr. Collier to identify and explain several exhibits which were shown the Commission. Mr. Collier discussed the proposed plot plan for development which showed two separate buildings with an open green area 100 ft. wide between them. Each building is proposed to have 18 units, and of the total 36 units, 18 are proposed to be one bedroom and 18 are proposed to be two-bedroom units. He does not plan a swimming pool or play area. There are 36 parking spaces indicated on the plan, but Mr. Collier stated that it would be possible to get 42 on the site. An exterior v i ew of the proposal was shown; it is planned in the English style, and will be a three story walk-up. Mr. Collier commented that he felt it would be very compatible with the area. Mr . Collier stated that he will be "involved" with this property ; he is purchasing the land, an d a copy of the contract was submitted. A color coded map was also displayed which indicated the signers of the petition, the proximity of the school administration com- plex to the site, the subject property, and the property which Mr. Wilbur Wright has petitioned for similar zoning in the 4000 block South Bannock. He stated there were a few persons he was unable to contact; he stated that he felt close to 50% of the owners were non-resident. He stated that all of the people he has contacted are in favor of the proposal, and are most enthusiastic. A group of photographs taken in the area were submitted to the Commission. Mr. Collier stated he was employed in residential financing, and did not feel this area was suitable for single-family use at this time. He did not feel it would be economically feasible to purchase land and redevelop it for single-family. Further discussion of the application followed . Mr. Woods asked for those in opposition to the request to speak. There was no one present in opposition. Four persons raised their hands as being in favor of the rezoning, and no one indicated opposition. Touchton moved: Carlson seconded: The Public Hearing be closed. The motion carried unanimously. Parkinson moved: Lone seconded: The matter be tabled for further consideration. The motion carried unanimously. VI. EVE-GILPATRICK 3700 S. Acoma Parkinson moved: REZONING CASE #44-68 R-2-B to R-3-B Carlson seconded: The Public Hearing be opened. The motion carried unanimously. Mr. Eve stated that he and Mr. Gilpatrick purchased property in the 3700 block of South Acoma in November with the intent of remodeling the units and b~inging them up to standard, but when they realized the condition of the units and the filth that would have to be eliminated, they decided it would be too expensive for their return. He stated that they had come up with several alternatives: 1) leave the property as it is or bring it up to minimum standards and rent it that way; 2) put up two doubles under present zoning at $11 to $13 per sq .. ft. or $45,000 to $50,000 for both doubles and have the same return as they now have even with the expenditures; (3) tear down the present structure and replace it with a nice apartment house. He stated that they went through the neighborhood asking what the residents felt about their proposal, and they met with no opposition to their proposal to construct an apartment house on the site. Mr. Eve pointed out that there is R-3-B zoning to the north of this property across Kenyon Avenue. He stated that it will not be feasible to redevelop this property under the R-2-B zone classification. He stated that across the alley to the east of their property there are "slum type buildings" on Broadway, and he feels that if the east side of the 3700 block on Acoma were to be built into a nice apartment complex, it would help the 3700 block of Broadway, at least on the west side, redevelop; he pointed out that in his opinion this would increase the tax base for the City. Mr. Eve stated that there was a need for apartments in the City of Englewood, and as evidence of this presented a folder of clippings from the Denver Post for the past six weeks or so of apartment ads, of which only two or three each time were for the Englewood area. He stated they are planning to build 20 or maybe 24 units on their property. Mr. Woods asked Mrs. Romans for a summary of the application. Mrs. Romans stated that the application was filed November 23, 1968, and the fee was paid at that time. The property has been posted, and publication was in the City newspaper. The present zoning is R-2-B and the applicant is requesting R-3-B. Mr. Gilpatrick pointed out that prior to the 1963 Comprehensive Zoning Ordinance, this particular block had been zoned R-3-B. Mr. John Foster 3706 South Acoma -stated he owns the property adjacent to the subject property owned by Mr. Eve and Mr. Gilpatrick. He stated he purchased his property in April of this year, and at that time "there was garbage all over the area, and it looked like a slum area". There is a small house on the rear of his property, and he was told that he could not rent that house under the present zone classification. He stated he felt the change in zoning would increase the property values and uplift the character of the neighborhood. There were no persons present who wished to speak in opposition to the rezoning. Mr. Woods then asked for the opponents to raise their hands. No persons responded. Upon a call for hands, three persons indicated they were in favor of the rezoning. Parkinson moved: Lone seconded: The Public Hearing be closed. The motion carried unanimously. I I I I I I Page 1117 Lone moved: Carlson seconded: The matter be tabled for further consideration. The motion carried unanimously. VII. SPECIAL REPORTS. Mr. Lone reported on the Council of Governments meeting. State Representative T0m Grimshaw attended to explain a proposal patterned after the Minneapolis-St. Paul area government. It would be similar to the Council of Governments, but would replace the existing Council of Governments and be made up of one representative from each two representative districts in the state legislature. Also a means of providing the Council of Governments operating funds was discussed, and was tabled. Requests for Jederal aid for three park sites was considered; Littleton's request was under the open space program; Jeffco's request was under the land and water program; and Adams County #50 had a request under the open space program. Also discussed was a proposal for solid waste disposal, which would cost $80,000 to implement. Mr. Woods stated that the meeting be attended was b?sically the same as Mr. Lone's meeting. VIII. REZONING HEARINGS. A. Sidebottom, O.D. 3500 S. Clarkson Case #40-68B Parkinson moved: ' Touchton seconded: That Case #40-68 be raised from the table. The motion carried unanimously. In reply to a r~quest for a staff recommendation, Mrs ·. Romans stated that she would have to recommend that the zoning be granted. She pointed out that changes have taken place in the character of the area since it was last considered for zoning in 1963; the area is adjacent to an R-3-A Zone District on the west; there is commercial zoning and use adjoining this area to the north along Hampden Avenue; Clarkson Street has been designated as a collector street north of U.S. 285 (Highway 70) in the Master Street Plan; and U.S. 285 is at present a six-lane major arterial which the City has felt should be projected as the possible location of an east-west freeway at some time in the future. There are several properties in the area which will lend themselves to R-3-A development, and it will also make a non-conforming use conforming, namely Molkery Nursing Home at 3590 South Clarkson. Parkinson moved: Carlson seconded: The Planning Commission recommend to City Council that the zoning request filed by O. D. Sidebottom for Lots 5 thru 46, Block 4, Higgins South Broadway Heights, for change of zoning from R-2-B (Two-family Residential) to R-3-A (Multi-family Residential) be approved on the basis of the following: There were nine people present ~n favor cl . the request and no one was present in opposition; with the increased com- mercial development and an increased amount of traffic in the area, the character of the ~eighborhood has changed since it was last considered for zoning; the area to the west is presently designated R-3-A on the City Zoning Map and is developed with a use permitted in that District; the area to the north along Hampden Avenue for a depth of 100 ft. is designated B-2, a busine~s classification; South Clarkson Street is designated as a collector street in the Master Street Plan; and U.S. 285 on the south is a major arterial. This will also place a non-conforming use, a nursing home, in the proper zone classification, and will en- courage redevelopment of the area. The motion carried unanimously. B. Baptist Theological Seminary 3401 South University Boulevard Case #38-68A Parkinson moved: Lone seconded: The matter be raised from the table. The motion carried unanimously. Discussion followed. Lone moved: Carlson seconded: The Planning Commission recommend to City Council the zoning of the Conservative Baptist Theological Seminary site to R-3-B as initiated by the City Planning Commission be approved, inasmuch as this zone classification would permit the development .that has been commenced on the site under permits and variances issued by Arapahoe County. Were these buildings to be purchased at a later date by private enterprise, they would then conform to the regulations of the Comprehensive Zoning Ordinance. Also, there were four persons present who were in favor of the zoning, and no one was present in opposition. The motion carried unanimously. C. M. E. Collier 4100 S. Bannock Parkinson moved: Touchton seconded: The matter be raised from the table. The motion carried unanimously. Case #41-68A Page 1118 Mrs. Romans was asked for the staff recommendation. She stated that she felt the zoning should be granted, and cited the development of the school administration complex to the west which includes a warehouse on the south of their property; also, their parking lot is on the north of their property directly across from this site. Bannock Street and Oxford Avenue are both designated as collector streets in the Master Street Plan; both streets carry considerable traffic, and will accommodate more in the future. The area to the east and south of this site are in a state of transition, and the subject site has become of great concern to the adjacent property owners. The building cannot be used as a school, and she felt it would be to the best interest of the public and the property owners in the area to have this building removed and a new development placed on this site. Redevelopment of this site does not appear to be feasible under the present zone classification. Lone moved: Parkinson seconded: The Planning Commission recommend to City Council that the rezoning ap- plication filed by M. E. Collier for a change of zone from R-1-C (Single- family Residential) to R-3-B (Multi-family Residentiai) for Lots 1 thru 9, Block 18, Jackson's Broadway Heights, be approved for the following reasons: The school administration complex to the west has a warehouse use on the southern portion of their property, and has a parking lot immediately north of the school administration building which is directly across from this site, which uses detract from the desirability of this site for single-family residential development; both Bannock Street and Oxford Avenue are designated as collector streets in the Master Street Plan, and carry considerable traffic at the present time, and will carry more in the future; the former school building which is located on the subject site has become of great concern to the adjacent property owners and it would be to the best interest of the public and the property owners if this building were removed and a new development placed on this sit~ Redevelopment of this site under the present zone classification does not appear to be feasible. The area to the south and east of this site appears to be in a state of transition, and will be considered further when the Zoning Map of the City is amended. Mr. Touchton asked about the "spot zoning" situation, inasmuch as this application encompasses only Lots 1 thru 9. Mrs. Romans cited a memorandum from City Attorney Criswell, wherein it is stated: "It is the opinion of this office that the validity of a rezoning ordinance is not solely dependent upon the size of the parcel involved. Thus, if there are public reasons distinguishing the parcel involved from parcels surrounding it, and if the rezoning is engaged in for the public welfare and not mersly for private gain, a rezoning limited to only one parcel, irrespective of its size, is justifiable and legal." It was stated that in the opinion of the staff this parcel can be distinguished from other parcels in the area by virtue of its previous use by the school district, and that the re- moval of this abandoned school building is to the best interest of the general public. Upon the call of the vote: the motion carried unanimously. D. Eve-Gilpatrick 3700 S. Acoma St. Case #44-68 Lone moved: Parkinson seconded: The matter be raised from the table. The motion carried unanimously. Mrs. Romans was asked for the staff recommendation. She stated that this area is adjacent to commercial zoning on Broadway, and has within the subject area at least two properties that are of great concern to the property owners. The area was zoned R-3-B prior to the 1963 Comprehensive Zoning Ordinance, and this may have encourage the use of these properties as multi-family without meeting the standards for multi-family uses. The area to the north is zoned R-3-B so this area would be contiguous to like zoning at that point. Mr. Parkinson asked if there was a possibility of these and other properties being used as they are for multi-family uses if the zoning is changed to R-3-B? Mrs. Romans stated that all properties would have to meet the requirements of the Housing Code. Discussion followed. Touchton moved: Carlson seconded: The Planning Commission recommend to City Council that the rezoning ap- plication filed by Messrs. Eve and Gilpatrick for the east side of 3700 block of South Acoma for change of zone from R-2-B (Two-family Residential) to R-3-B (Multi-family Residential) be approved for the following reasons: There were three persons present in favor of the rezoning, and no one in opposition; the area was zoned R-3-B prior to the adoption of the 1963 Comprehensive Zoning Ordinance, and there are non-conforming multi-family uses within the area which might be encouraged to redevelop and upgrade the area if the zoning were granted. The increased development in the community and the older nature of this area lends itself to redevelopment under the proposed zone district. The motion carried unanimously. • ' It was moved and seconded to adjourn. The motion carried; the meeting adjourned at 10:00 P.M. Gertrude G. Welty Recording Secretary I I I I I Page 1119 MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: December 18, 1968 SUBJECT: Rezoning of Lots 5 thru 46, Block 4, Higgins South Broadway Heights RECOMMENDATION: Parkinson moved; Carlson seconded: The Planning Commission recommend to City Council that the zoning request filed by O. D. Sidebottom for Lots 5 thru 46, Block 4, Higgins South Broadway Heights, for change of zoning from R-2-B (Two-family Residential) to R-3-A (Multi-family Residential) be approved on the basis of the following: There were nine people present in favor of the request and no one was present in opposition; with the increased commercial develop ment and an increased amount of traffic in the area, the character of the neighborhood has changed since it was last considered for zoning; the area to the west is presently designated R-3-A on the City Zoning Map and is developed with a use permitted in that District; the area to the north along Hampden Avenue for a depth of 100 ft. is designated B-2, a 00.siness classification; South Clarkson Street is designated as a collector street in the Master Street Plan; and U.S. 285 on the south is a major arterial. This will also place a non-conforming use, a nursing home, in the proper zone classification, and will encourage re- development of the area. The motion carried unanimously. 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 PLANNING AND ZONING COMMISSION. DATE: December 18, 1968 SUBJECT: Zoning of the Conservative Baptist Theological Seminary Site --3401 South University Boulevard. RECOMMENDATION: Lone moved: Carlson seconded: The Planning Commission recommend to City Council the zoning of the Conservative Baptist Theological Seminary site to R-3-B as initiated by the City Planning Commission be approved, inasmuch as this zone classification would permit the development that has been commenced on the site under permits and variances issued by Arapahoe County. Were these buildings to be purchased at a later date by private enter- prise, they would then conform to the regulations of the Comprehensive Zoning Ordinance. Also, there were four persons present who were in favor of the zoning, and no one was present in opposition. The motion carried unanimously. 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 PLANNING AND ZONING COMMISSION. DATE: December 18, 1968 SUBJECT: Rezoning of Lots 1 thru 9, Block 18, Jackson's Broadway Heights (the old Hawthorne School Site). RECOMMENDATION: Lone moved: Parkinson seconded: The Planning Commission recommend to City Council that the rezoning application filed by M. E. Collier for a change of zone from R-1-C (Single-family Residential) to R-3-B (Multi-family Residential) for Lots 1 thru 9, Block 18, Jackson's Broadway Heights, be approved for the following reasons: The school administration complex to the west Page 1120 has a warehouse use on the southern portion of their property, and has a parking lot immediately north of the school administration building which is directly across from this site, which uses detract from the desirability of this site for single-family residential development; both Bannock Street and Oxford Avenue are designated as collector streets in the Master Street Plan, and carry considerable traffic at the present time, a nd w ill carry more in the future; the former school building which is located on the subject site has become of great concern to the adjacent property owners and it would be to the best interest of the public and the property owners if this building were removed and a new development placed on this site. Redevelopment of this site under the present zone classification does not appear to be feasible. The area to the south and east of this site appears to be in a state of transition and will be considered further when the Zoning Map of the City is amended. The motion carried unanimously. 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 PLANNING AND ZONING COMMISSION DATE: SUBJECT: RECOMMENDATION: Touchton moved: Carlson seconded: December 18, 1968 Rezoning of East Side of 3700 block South Acoma Street. The Planning Commission recommend to City Council that the rezoning application filed by Messrs. Eve and Gilpatrick for the east side of 3700 block of South Acoma for change of zone from R-2-B (Two-family Residential) to R-3-B (Multi-family Residential) be approved for the following reasons: There were three persons present in favor of the rezoning, and no one in opposition ; the area was zoned R-3-B prior to the adoption of the 1963 Comprehensive Zoning Ordinance, and there are non-conforming multi-family uses within the area which might be encouraged to redevelop and upgrade the area if the zoning were granted. The increased development in the community and the older nature of this area lends itself to redevelopment under the proposed zone district. The motion carried unanimously. Respectfully submitted, By Order of the City Plannir:g and Zoning Commission. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** I I I