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HomeMy WebLinkAbout1968-01-17 PZC MINUTESI I I I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JANUARY 17, 1968 REGULAR MEETING Page 1023 The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Carlson. Members present: Woods, Touchton, Love, Lone, Carlson Romans, Ex-officio Members absent: Parkinson Also present: City Attorney Criswell. Mr. Carlson welcomed the audience to our meeting. II. APPROVAL OF MINUTES. Mr. Carlson stated the Minutes of January 10, 1968, were to be considered for approval. Touchton moved: Love seconded: The Minutes of Janu~ry 10, 1968, be approved as written. The motion carried unanimously. III. FIRST NATIONAL BANK 3500 South Elati St. REZONING R-3-B to R-4 CASE #24-67 Love moved: Woods seconded: The Public Hearing on the rezoning of Lots 17 -26, Block 1, Englewood, be opened. The motion carried unanimously. Mrs. Romans stated that the rezoning request encompassed Lots 17 thru 26, Block 1, Englewood Subdivision, or the east side of the 3500 block of South Elati with the exception of the north 150 feet. The present zoning is R-3-B ( Multi-family residential) and the requested zoning is R-4 (Residential-Professional). It is the desire of the First National Bank to have a private parking lot for the employees of the Bank when they have their new facilities built on the north side of Highway 70 at South Elati Street. The property was posted as required by Ordinance, and the legal publication was given in the Englewood Herald. A fee of $50.00 was paid by the Bank. Mr. Richard Simon, counsel for the first National Bank, stated the land was under option .for purchase by the Bank, and presented a copy of the contract for purchase to the Commission. Mr. Simon also presented petitions bearing 132 signatures of persons within the surrounding . area stating they are in favor of the rezoning. Pictures of the subject site and surrou~ding area were also presented. Mr. Simon again stated that the lot would be a private parking lot for employees of the First National Bank . Mr. Simon stated he felt this rezoning request did meet the requirements for rezoning, and met the restrictions for a parking lot as set forth in the Comprehensive Zoning Ordinance. Mr. E. T. Cartwright 3517 South Elati St. -stated he owns property to the west of this site at 3517 South Elati, and hopes to open a restaurant at that location in the near future. He stated the subject site has been a weed patch, and he feels it will be an asset to the City and possibly to his business if it is developed as a parking lot. Mr. Combellick 3385 S. Bannock -stated he was the owner of the property. He feels the proposed use and zone classification would be compatible with the surrounding area, and that the proposed use would be an improvement. Mr. Carlson asked if there were anyone present in opposition to the rezoning request? No one indicated they were opposed to the request. Mr. Lone asked clarification of the statement: "To complete one city block of compatible zone classification". Mrs. Romans explained that a resolution was adopted by the Planning Commission and City Council requiring that all rezonings be contiguous to like or "compatible" zoning in an effort to eliminate "spot" zoning. The R-4 zone district was designed to act as a buffer between two incompatible zone districts, and the request by the First National Bank does meet these standards. Woods moved: Love seconded: The Public Hearing be closed. The motion carried unanimously. After discussion, Love moved: Woods seconded: The Planning Commission recommend to City Council that the rezoning request made by the First National Bank for a change of zone from R-3-B (Multi-family Residential) to R-4 (Residential-Professional) be approved. The motion carried unanimously. ---------- - ---- Page 1024 IV. NORTHWEST ENGLEWCX>D REZONING CASE #30-67A Touchton moved: Woods seconded: I-1 to R-1-C The Public Hearing on the rezoning of Blocks 77, 78, 79 and the south one-half of Block 92, Sheridan Heights Subdivision, and Blocks 6 and 7, Alta Vista Subdivision, be opened. The motion carried unanimously. Mr. Carlson requested all persons wishing to speak to step to the podium and give names and addresses for the record. Mrs. Romans outlined the area concerned in the rezoning as being south of the Evans-Adriatic alley, west of the City limits, and east of South Tejon Street, and north of the centerline of West Iliff Avenue. The present zone classification for. this area is I-1 (Light Industrial) and the proposed change is to R-1-C (Single-family Residential). This action was initiated by the Planning Commission at the request of citizens within the area; these persons petitioned to rezone Blocks 77 and 78, Sheridan Heights, and Block 7, Alta Vista. The City, after viewing the area and discussing the matter at the meeting of December 6, 1967, enlarged the request to encompass the entire area within the City which is north of West Iliff and east of South Tejon. The property was posted for the required period of time, and Public Notice was given in the Englewood Herald on December 28, 1967. Mrs. Romans gave a brief history of the area; it was annexed in 1957; in 1958, all of the subject area was zoned for industrial use with the exception of Block 77, Sheridan Heights, which block was zoned R-1-D (Single-family Residential). In 1963, Block 77 was rezoned from R-1-D to I-1 at the time that the Comprehensive Zoning Ordinance was adopted, and with the exception of this one block, no additional industrial zoning has -0ccurred in the area. In- deed, the heavy industrial zoning immediately between South Tejon and South Raritan was changed to light industrial in 1963 when the Comprehensive Zoning Ordinance was adopted in an effort to reduce the intensity of the use of this area adjacent to the residential area west of Tejon. No further changes have been made in the area. Mr. H. Harrison, attorney for citizens in the area, stated he represented supporters of the rezoning. He reviewed the problems within the area having to do with a general deterioration and undesirable activities within the area; he stated he felt these activities are driving the area toward a "slum" area. He stated that the people in the area were also concerned with the possible discontinuation of the school in the neighborhood. They feel it is necessary to have a desirable school that will attract and retain property owners who will develop a~ improve their land and make it an asset to the community. Mr. Harrison stated that in his opinion the proper zoning for a school location was important for the health and welfare of the children attending that school ; air pollution, heavy traffic, etc. which is sometimes associated with industrial zoning reduces the advantages of that school and should be avoided. Mr. Harrison stated the people in the area were willing to cooperate with the City in an effort to solve the problems, and urged that the zoning change to R-1-C be approved. Mr. Garcia 1858 W. Baltic Place -stated he was in favor of the rezoning. Mr. Williams 1990 W. Baltic -stated he was in favor of the rezoning. Mr. Gance 1909 W. Iliff -stated he was in favor of the rezoning. Mr. Harrison asked that a hand-count of those persons in favor of the rezoning be taken. Thirty-four (34) persons indicated they were in favor of the rezoning request. Mrs. Stanley 2310 W. Harvard -stated she owns Lots 16, Block 78, and is in favor of the rezoning. Mr. Garcia 1705 W. Iliff -stated he was in favor of the rezoning . Mr. Holifield 2052 W. Iliff Mr. Fox 1985 W. Iliff - Mr. Chet Johnson stated he circulated the petition for rezoning in the area, and as a result of this contact, he was of the opinion that people cannot get a building permit or a loan to improve their homes. He felt if residential zoning were approved, these people could improve their homes. stated he has only $265 against his property, yet he cannot obtain a loan on his land. He is in favor of the rezoning. Denver University -asked why these people could not obtain loans on their property? Mr. Harrison reviewed the problems of the area again; the school is in an I-1 zone, people leaving junk on their property , junk yards , and auto wrecking yards in the area. Mr. Harrison stated that the lending agencies would not make loans for these reasons. Mr. Criswell commented that he felt the fact that the homes were located in an industrial zone, and therefore non-conforming, was a factor in residents being unable to obtain loans. The non-conforming use must be terminated within 20 years, therefore, the typical residential loan would be impractical; however, he stated that he is of the . opinion that they could ob- tain a loan if it were to be used to develop the property industrially. Mrs. Romans introduced Mr. Chet Johnson, a student from Denver University, who has chosen the area of Northwest Englewood as a study project for a class. I I I I I I Page 1025 Mr. Johnson stated that the students at DU must choose field projects for certain classes, and that for this particular class, he has chosen to study the Northwest Englewood area. He stated that he has friends who reside in the area, and he would like to talk to residents to find out why they feel that the area has poorer services than .Englewood proper; he wants to find out why the people of Northwest Englewood feel alienated from the main area of the City. He stated · that his report will be published if he receives permission for publication. He asked the residents who wished to talk to him to contact him. Mrs. Celia Perry 2349 W. Harvard -stated that persons living west of South Tejon Street could not get loans on their property even though they were in a residential area. Mrs. Perry owns property to the west of the subject area in the R-1-C Zone District. There were no other persons to speak in favor of the rezoning. Mr. Carlson asked for persons in opposition to the rezoning to speak. Mr. Gorham 1770 W. Baltic stated he was opposed to the rezoning request. He purchased the land to put a business on it, and he is opposed to any change of zoning. Mr. Lone was excused from the meeting. Mr. R. VanderHorst 4291 E. Dickenson -stated his parents live at 1740 W. Evans Avenue, and he and his brother own approximately 1-1/2 blocks of property within the subject area. He stated that both he and his brother are opposed to the zoning change, and that he had submitted a letter written by his bother, who is not in town at the present time, to the Planning Office protesting the change of zoning. Mr. VanderHorst stated the property is undeveloped at the present time, but will be developed at the first opportunity. He stated that if the area were to be rezoned for residential, the land would, in all likelihood, remain vacant. Mrs. Romans stated that a letter signed by John VanderHorst had been received and would be entered into the record. Mr. VanderHorst protests a change of zone on Lots 24-48, Block 92, Sheridan Heights, and Lots 1-10, Block 6, Alta Vista, all within the subject area. Mr. Carl Mayer 1003 S. Corona - Mr. Jim Kerr stated he owned four lots in the 1700 block of West Baltic, which he purchased two years ago to build garages upon. He purchased the land because it was zoned industrial.. He felt that Block 78 needed improve- ment by the home owners, and that industrial land was worth more than residential would be. He pointed out that, in his opinion, even if the residential zoning is approved, the area will still be defective, no new residential construction will take place, but possibly homes will be moved in from other areas. He asked that the area be left industrially zoned. 4000 E. 19th Ave. -stated he He stated dential. owned six lots on the northeast corner of Iliff and Raritan. he felt it would be incongruous to change the zoning to resi- He was against the rezoning. Mr. Kloppenberg 2250 S. Tejon - Mrs. Horlbeck 4703 W. 4th Ave. - Mr. Barton 2245 S. Raritan - Mr. Schrepfer 5827 S. Louthan - Mr. Bratrsovsky 1831 W. Harvard - Mr. Carl Mayer 1003 S. Corona - stated he purchased the land as industrial. He feels it is the most valuable piece of land in the area; it has been devE oped with the Western Technical College. He stated he was sympathetic to the people , but asked that consideration be given to the business people who pur- chased and developed the land under the proper zone classification. He stated the character of the area has not changed, and there is no valid reason to justify the rezoning. He submitted a letter of opposition. stated she had an equity on West Baltic, and has had since 1954, prior to annexation to the City of Englewood, and prior to any zoning by the City. She stated that she had been very dissatisfied with the situation until the industrial zoning was put into effect in the area. She stated there are now some very nice industrial uses in the area. She did not feel that rezoning would solve the school problem, and was against the rezoning. stated he and his brothers had owned a business in the area for ten years. They would like the zoning to remain as it is. stated he owns property at 1728 West Baltic. He wants the zoning to remain as it is. stated he owned property in the area and was opposed to the rezoning. stated he was speaking for Mr. Andrews, who owns three lots on Raritan and Baltic. Mr. Andrews is also opposed to the rezoning. Mr. Carlson asked for anyone else who wished to speak on the subject? Mr. Gance 1909 W. Iliff - Mr. Wilken 2170 W. Baker - stated that persons protesting the rezoning do not live in the area; they own property that the College is located on, or junk yards, but they do not make their homes there. stated he could not obtain a loan on his property which is in a residential zone district to the west of the subject area. He stated he had a qualified buyer for his property, but could not get financing. Page 1026 Mr. Harrison stated that his clients understand the viewpoints of the industrial businessmen; there is a definite feeling on the part of some of his clients that the northwest area of the City has been neglected in the past. He asked that the Commission keep in mind the interests of the home owners in the area. Mr. Love asked if the Western Technical College were on a long-term lease? Mr. Kloppenberg stated that if the College was successful it would be a permanent use, and that a long-term lease is now being negotiated. Mr. Wyer 2237 W. Wesley -stated that he has three children graduating from High School who have all attended the Scenic View School. They have three scholarships at the present time. He felt if the school ~s lqst, the value of his property will decrease at least 40%. Mr. Love stated that schools are not constructed on zoning classification. He stated that the question of the school in the Northwest Englewood area is under careful consideration by the Englewood School Board, and that the zoning classification of the area w·11 have nothing to do with the decision of that Board. Mr. Kerr 4000 E. 19th -asked if the school was up to standards? Mr. Love replied that in his opinion there are physical shortcomings in the school. There were no others in the audience who wished to be heard. Love moved: Woods seconded: The Public Hearing be closed. The motion carried unanimously~ Discussion followed. Touchton moved: Love seconded: The matter be tabled for further consideration and information; the matter to come before the Commission again on february 21, 1968. The motion carried unanimously. A recess of the meeting was called at 9:35 P.M. The meeting was called to order at 9:45 P.M. V. SUBDIVISION WAIVER LeRoy Anderson CASE #26-67 Mrs. Romans stated that Mr. Anderson owns property at Cornell and Clarkson; it is presently an oversize lot. It is his desire to split this property into two building sites, one of which would meet the minimum lot size requirements, and one of which would be ~ndersize .. Mr. Anderson did appear before the Planning Commission some time ago, and his request was approved in concept; it would be up to the Board of Adjustment and Appeals, however, to approve the undersize lot. If this were approved by the Board, it would be a question of whether or not the Planning Commission would desire to waive the requirement of a Subdivision Plat being filed on this site. Discussion followed. Woods moved: Touchton seconded: That inasmuch as no further utility easements or right-of-way dedications are necessary, and nothing could be gained by the City were a Subdivision Plat to be filed, that the Planning Commission adopt Recolution #1, Series of 1968, waiving the filing of a Subdivision Plat by Mr. Anderson, pro- vided the Board of Adjustment and Appeals approves the undersize lot. · The motion carried unanimously. VI. NEIL RICHARDSON Downing-Highway 70 REZONING CASE #2-68 Mrs. Romans stated that Mr. Richardson has contacted the Planning Office in regards to the construction of a medical clinic at South Downing and State Highway 70. The present zone classification is R-2-B, which does not permit this use. Discussion followed, and no action was taken, inasmuch as Mr. Richardson was not present. VII. BUILDING DEPARTMENT ElRoy Shaffer RESTAURANT PARKING 4960 S. Broadway ------' CASE #3-68 Mrs. Romans stated that the Building Department has referred a parking plan for a proposed restaurant at 4960 South Broadway to this ColQ.Illission for consideration. She noted that the plan has not been .approved by the City Engineer in regard to curb cuts and drainage. Dis- cussion followed. It was the concensus of the Commission that there was not adequate informa- tion available to enable them to render a decision; the matter will again be considered on February 7, 1968, if the information is available. I I I I I I VIII. BUILDING DEPARTMENT HEALTH SPA I-1 Zone Page 1027 CASE #4-68 Mrs. Romans stated that the Building Department has referred to this Commission a letter from Mr. Marx of Moore Realty, asking if a Health Spa with indoor swimming pool would be permitted in an Industrial Zone District. Mr. Wallace had likened the use to the Elk's Club and VFW, which are in the industrial district. Discussion followed. Touchton moved: Love seconded: The Planning Commission recommend to the Building Inspector that the proposed Health Spa · seems to be compatible with uses permitted in the I-1 Zone District, and does not appear to be objectionable. Further discussion followed; Mr. Woods stated he did not feel that there was sufficient information available at this time. Woods moved: Love seconded: The matter be tabled for £urther information. The motion carried unanimously. IX. ENGLEWOOD SHOPPING CENTER Mrs. Romans stated that the Planning Commission g ave approval to the parking ratio on September 21, 1966, but has not yet given approval to points of ingress, egress, general lay-out, and other facets of the parking plan. A final plan has not yet been presented to the Commission, even tho repeated efforts have been made to discuss the matter with repre- sentatives of New Englewood, Ltd. She stated that the planting strip along Floyd Avenue is being discussed by the staff and the landscape architect, and wondered if there could be some degree of flexibility in the provisions o f the contract which sets f orth exactly what type plantings would be in this strip. The Director pointed out that at the time the specifications for the planting strip were drawn, it was to serve as a screen or buffer be- tween the homes to the north of Floyd and all of the New Englewood traffic was to be to the south of the planting strip. In this case, the four rows of trees which are required by the contract seemed to provide the best screening effect. Now that the contract has been amended and the planting strip is now more of a parkway, it is felt that some othe r arrange- ment of planting the trees might be more attractive. Mr. Criswell stated he could not recall, but felt that this provision might be waived to allow various arrangements of trees and shrubs. Touchton moved: Love seconded: The meeting be adjourned. The motion carried, and the meeting was adjourned at 10:30 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: January 17, 1968 SUBJECT: Rezoning Request of First National Bank for East Side 3500 Block South Elati Street, excepting the North 150 feet. RECOMMENDATION: The Planning Commission recommend to City Council that the rezoning request made by the First National Bank for a change of zone fr om R-3-B (Multi-family Residential) to R-4 (Residential-Professional) be approved. 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 FEBRUARY 7, 1968 The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Kenneth Carlson. Mr. Leo Lentsch, newly appointed member, was welcomed to the Commission. Members present: Woods, Touchton, Parkinson, Lone, Lentsch, Carlson Romans, Ex-officio Members absent: None -- - --- - --- -- --- - - - - --