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HomeMy WebLinkAbout1969-03-19 PZC MINUTESI I I I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MARCH 19, 1969 Page 1145 The regular meeting of the City Planning and Zoning Commission was called to order by Vice- Chairman Lentsch at 8:10 P.M. Members present: Carlson, Lentsch, Lone, Parkinson Members absent: Touchton, Woods Also present: City Attorney Criswell --- -- -- --- ------ - --- ----- -- II. APPROVAL OF MINUTES. Mr. Lentsch stated that the minutes of March 5, 1969, were to be considered for approval. Parkinson moved: Carlson seconded: The Minutes of March 5, 1969 be approved as written. The motion carried unanimously. III. D. SCHLEGELMILCH 325 W. Belleview Parkinson moved: REZONING R-2-A to R-3-B Lone seconded: The Public Hearing be opened. The motion carried unanimously. Mr. Touchton entered and took his place with the Commission. CASE #14-69A February 19, 1969 Mr. Lentsch asked Planning Director Romans to review the history of this rezoning request. Mrs. Romans stated that the applicant for the rezoning is a Mr. Schlegelmilch, who is represented by his attorney, Mr. Arthur Bowman. Mr. Schlegelmilch has requested a change of zone classi- fication from R-2-A (Two-family Residential) to R-3-B (Multi-family Residential). Mrs. Romans reviewed the Comprehensive Zoning Ordinance requirements for the R-2-A and R-3-B Zone Districts, pointing out the permitted uses, lot area, frontage, setback and off-street parking require- ments which must be met. The height in the R-3-B District is limited to three stories plus a garden level, or not more than 35 feet. Mrs. Romans pointed out that this same parcel has been considered on four previous occasions for rezoning: There was a request in January of 1961 asking a change of zone classification from R-1-B (Single-family Residential) to R-3-A (Multi-family Residential). This request was denied by the Planning Commission. In February of 1962, a request was filed asking a change of classification from R-1-B, (Single-family Residential to R-3-B (Multi-family Resi- dential). This request was denied by the Commission. In September 1962, a request was filed asking a change of zone from R-1-B (Single-family Residential) to T (Transitional). This re- quest was recommended by the Planning Commission, and denied by the City Council. In February 1963, the City initiated a rezoning on the subject site for a change of zone which .was approved by the Commission and the City Council, and which zone classification is imposed on the parcel at this time. Mrs. Romans pointed out that there have been substantial changes in the area, and stated that the area immediately to the south across West Belleview Avenue has been annexed to the City of Englewood since the subject parcel was last considered for rezoning. This area is zoned for commercial and multi-family uses. Construction of the K-Mart Store, which is located to south and east of the subject property, was begun while the land was in the County and is a rather sizable facility which has stimilated smaller businesses to locate adjacent to it on the south side of West Belleview Avenue. The Carmel Park development has partially developed, making this area bounded by commercial and multi-family zoning on two sides, with the junior high school immediately to the north of this property, and the backyards of the single-family development which fronts on South Delaware Street to the West. Mrs. Romans stated that the required fee has been paid, and that the property has been. properly posted, with public notice appearing in the official City newspaper. Mr. Lentsch asked for the proponents to present their case. Mr. Bowman stated that the applicant he represents is a member of a group who has an option to purchase this property. He stated that he feels the area has changed materially since the previous rezoning considerations, and there is a considerable need for the type of de- velopment proposed by his client. Mr. Bowman stated he felt the R-3-B could serve as a "buffer" between the R-1 development on Delaware and the business development on Acoma. He also stated that he did not feel the land values of the single-family residences would be lowered, but rather appreciate in value. He pointed out that the property was zoned R-2-A in 1963, and in six years not one bit of the land has developed. He stated that if the zoning is left as R-2-A, the land will continue to be an "eyesore" and the structures on the. pr o erty will continue to deteriorate until they fall down. Mr. Bowman noted that South Cherokee Street which would run on the east line of t his property, is not cut through at this point, and he feels that it should be. Mr. Bowman stated that he has discussed the matter with Mr. LoPata, one of the owners of four acres immediately to tl:E east of 325 West Belleview, but they are not willing to dedicate 30 feet of their land for street purposes. He noted that Mr. LoPata's land is for sale at the present time, and mentioned that his clients, Mr.Schlegelmilch, et al, are negotiating for the possible pur- chase of Mr. LoPata's land also. He also stated that his clients were willing to deed the entire street if this were the only way to provide access for their proposed development. Page 1146 Mr. Bowman felt this proposed development would increase the tax base for the city, and would off-set any burden on the school district that would be realized from children who might live in the apartments. He pointed out that any time vacant land is developed, whether for single- family , two-family, or multi-family use, the burden on the school district is increased, and he did not feel this should be a factor in the consideration of the zoning. Mr. Parkinson asked the location of the proposed Cherokee Street, and the acreage that Mr. Bowman's clients had under option? Mr. Bowman replied that if Cherokee Street were extended, that it would be on the east property line of the land his clients are interested in, and on the west property line of the LoPata property. He stated that there were approximately 2-l/2 acres in the site at 325 West Belleview, and that the dimensions of the land were 165.26 ft. x 630 ft. Mr. Parkinson then asked if it would be necessary for a subdivision plat to be filed on this property? Mrs. Romans replied that a plat would have to be filed or a waiver obtained from the Planning Commission, inasmuch as the Subdivision Regulations state that no building per- mit can be obtained unless the site is part of an approved subdivision. Mrs. Romans stated that the matter of access to the property would have to be considered at the time of the Sub- division. Mr. Bowman stated they would definitely provide an area for recreational purposes on the site, and that the west property line should be defined with a "stockade fence" or some other means of affording the single~family homes on Delaware their privacy. Mr. Lentsch asked if there were anyone else who wished to speak in favor of the application? No one indicated they wished to speak. Mr. Lentsch then asked for the opponents to the request to present their case. Mr. Sletten 5050 S. Delaware presented the following petition in opposition to the rezoning request: PETITION TO OPPOSE REZONING TO: PLANNING COMMISSION OF THE CITY OF ENGLEWOOD AND CITY COUNCIL OF THE CITY OF ENGLEWOOD. RE: APPLICATION FOR REZONING OF THE PROPERTY, BEGINNING AT A POINT ON THE N. E. CORNER OF LOT 16, DELAWARE HEIGHTS SUBDIVISION, THENCE NORTH AND ALONG THE EXTENDED EAST LINE OF DELAWARE HEIGHTS SUBDIVISION TO A POINT ON THE CENTERLINE OF WEST GRAND AVENUE , THENCE EAST AND ALONG THE CENTERLINE OF WEST GRAND AVENUE TO A POINT OF INTERSECTION WITH THE EXTENDED WEST LINE OF CARMEL PARK SUBDIVISION , THENCE SOUTH AND ALONG THE EXTENDED WEST LINE OF CARMEL PARK SUBDIVISION TO ITS INTERSECTION WITH THE CENTERLINE OF WEST BELLEVIEW AVENUE, THENCE WEST AND ALONG THE CENTERLINE OF WEST BELLEVIEW AVENUE TO ITS INTERSECTION WITH THE EXTENDED EAST LINE OF THE DELAWARE HEIGHTS SUBDIVISION, THENCE NORTH AND ALONG THE EXTENDED EAST LINE OF DELAWARE HEIGHTS SUBDIVISION TO THE POINT OF BEGINNING. Gentlemen : We, the undersigned, being real property owners in the neighborhood in proximity to the above location, respectfully request that you deny the application for the rezoning of the above described property from R-2-A (Two~family Residential) to R-3-B (Multi-family Residential), and in opposition of said application would state: That the property in question is now zoned R-2-A (Two-family Residential) which does create the necessary buffer zone between one-family residential and multi-family residential zoning. Furthermore, the property located east of the property in question is now zoned for apartment houses and has been left undeveloped for several years which leaves a question in our minds as to whether there is a real need to rezone additional property for apartment houses at this time. We also believe that rezoning the above-mentioned property would be detrimental to the valuation of our property as it now exists. NAME Norman J. Sletten Dolores L. Sletten Bernard B. Hanson Lila M. Hanson Irene F. Barrett Earl Barrett Kenneth Root Vanda M. Root Robert J. Mahoney Virginia C. Mahoney Sarah Janet Enright Charles M. Enright N. May Frailey C. A. Frailey Connie L. Frailey Larry A. Frailey Barney ~. Phillips Blanche L. Phillips Wallace Stalker Marie Stalker Lowell R. Kirby Mrs. Lowell Kirby Robert C. Opitz Margaret M. Opitz Don Amidei Vera Amidei Louis T. Cangilla Patricia A. Cangilla Leroy H. Bauer Florence L. Bauer Barbara L. Flieger Gordon W. Flieger RESIDENCE ADDRESS 5050 S. Delaware 5050 S. Delaware 5070 S. Delaware 5070 S. Delaware 5040 S. Delaware 5040 S. Delaware 5030 S. Delaware 5030 s. Delaware 5020 S. Delaware 5020 S. Delaware 5025 S. Delaware 5025 S. Delaware 5035 S. Delaware 5035 S. Delaware 5065 S. Delaware 5065 S. Delaware 5045 S. Delaware 5045 S. Delaware 5075 S. Delaware 5075 S. Delaware 490 W. Grand Avenue 490 W. Grand Avenue 5010 S. Elati St. 5010 S. Elati St. 5020 S. Elati 5020 S. Elati 5000 S. Delaware 500.0 S. Delaware 4995 S. Delaware 4995 S .. Delaware 5021 S. Elati 5021 S. Elati I I I I I I NAME Dorothy J. Mills Jack C. Mills Page 1147 RESIDENCE ADDRESS Mrs. Russell G. Scott Mr. Russell G. Scott Joan A. Oleson 5031 S. Elati 5031 S. Elati 4985 S. Delaware 4985 S. Delaware 4965 S. Delaware 4965 S. Delaware 4945 S. Delaware 5015 S. Delaware 5015 S. Delaware 5090 s. Delaware 5090 S. Delaware Larry K. Oleson Miriam E. Kennedy J. B. Burgner Louise S. Burgner Grant H. Good Marcella J. Good Mr. Criswell asked Mr. Sletten how much land in the LoPata ownership he felt was still vacant? Mr. Sletten stated that probably 5 to 7-1 /2 acres were vacant, that this would be a rough estimate, but he thought it might be that much. Mr. L. T. Cangilla 5000 S. Delaware - Mr. Hansen 5070 S. Delaware Mr. Cangilla 5000 S. Delaware - Mr. Simon LoPata 200 S. Kearney - stated he could not see any need for Cherokee Street to be opened, that the only need the applicants would possibly have would be to provide access to their development, and he didn't feel the discussion of a street should have any bearing on the rezoning. Mr. Cangilla stated that the area did not need another swimming pool, that they live across the street from the pool at the Junior High School and it gets very noisy at times, and there is a pool in the carmel Park development further east on Acoma. He stated that the original plan for Carmel Park called for 12 or 14 structures, they have a total of 6 now, and are trying to sell the remainder of their land because they cannot develop it. He is opposed to the rezoning. stated he has lived in the area for six years, and the only change he has been able to see is the construction of the K-Mart store, and he wasn't even aware that land was in the City of Englewood. He stated that even though there was multi-family zoning to the south of Belleview, that there is no multi-family development in the area, and that that area is lower than the property north of Belleview and wouldn't detract from the homes across Belleview to the north anyway. He stated the matter of land appreciation vs. land depreciation is a matter of opinirn and can't be proved; but the property owners on Delaware firmly believe that the land values will decrease if the rezoning is approved. He stated the land at 325 West Belleview is 80% vacant, so he can't really agree with the statement that it is an "eyesore" .. He felt the only benefit to be gained from this proposal would be gained by the present land owner at the expense of the adjacent land owners. stated that if he remembered correctly, it was at the suggestion of the Delaware property owners that the land was zoned R-2-A, and that to change it now would be a "stab in the back", inasmuch as the property owners on Delaware bought their property with the belief they were buying an area in the "best zoning". stated he was representing Mr. Jack LoPata, who .was unable to attend the meeting. The Messrs. LoPata are owners of the land to the east of the subject site. He stated that he would like to ask a couple of questions. He stated that Mr. Bowman has stated that his clients are ready to deed the 60 ft. street; if this is so, will they leave a one foot reservation strip on the extreme edge of their property to deny access to the Carmel Park development? He asked why, if the clients of Mr. Bowman's were willing to deed the street, would they be "nasty" and do this? Mr. LoPata indicated that he had been told this would be done if at all possible. He also stated that he and his brother have been talking to an architect about the development of the remainder of their land, and the architect has said very definitely that they cannot give 30 ft. for the street and still accommodate the 240 units they are planning and provide off-street parking for them. Mr. LoPata stated they did not need Cherokee Street, as they have street frontage on Grand Avenue and Belleview Avenue. Mr. LoPata stated the buildings that have already been constructed have been sold, and they have four acres to develop. They are planning 240 units, and are providing parking for about 70 cars over and above the minimum of one space per unit. Mrs. Romans asked Mr. LoPata what they planned for Lot 17 of the Carmel Park Subdivision, this lot being the "inner" lot. Mr. LoPata stated that it would be used for parking. He recalled that the original plans were that the Lot 17 would be used only for recreational purposes, but that the swimming pool on their site was "the worst mistake they every made" and he would not advise anyone to build a pool, as no one in an apartment ever uses the pool. Mr. Bowman stated that he would like to clarify his discussion with Mr. LoPata about the possible street dedication. He stated that he did not believe he had "threatened" anyone with a one foot reservation on the street dedication, but that he did tell Mr. LoPata that he had explored every angle available to his client in regard to the street dedication. He commented that if Mr. LoPata develops his entire site in the manner in which he is considering, that the site at 325 West Belleview will remain nothing but an "eyesore". He stated that his clients are prepared to dedicate the 60 foot street, but that he will do everything in .his power to keep access to the Carmel Park development at a point other than on their dedication. Mr. Criswell stated that the Subdivision Regulations provide that no improvements may be built unless th~re is frontage on a public street. He stated that no matter how this site is developed, there will have to be a street dedicated, and that without a dedicated street there could be problems for the multi-family residential development to the east of 325 West Belleview. Page 1148 Mr. Earl Barrett 5040 S. Delaware -stated that he feels the subject property can be developed just as the single-family area to the west is. He stated that any development per- mitted by the rezoning would be very undesirable, and will create a lot of commotion, undesirable traffic. He stated that they have that problem now with the apartment area to the east on Carmel Park. Mr. Lentsch asked for those persons in favor of the rezoning to raise their hands. No one indicated they were in favor. Mr. Lentsch then asked for the opponents to raise their hands. Ten persons indicated they were opposed to the rezoning. Parkinson 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. IV. ZONING REFERRAL CASE #17-69 3035 West Hampden Avenue Mrs. Romans stated that Arapahoe County has referred a rezoning request for change from B-5 to B-4 for property at 3035 West Hampden Avenue. The applicant wants to put in an upholstery shop. Brief discussion followed. Parkinson moved: Lone seconded: The Planning Commission has considered the rezoning request referred by Arapahoe County, and feels there will be no adverse effect upon the City of Englewood; the City has no objection to the granting of the request. The motion carried unanimously. V. STREET RENAMING Pecos to Windermere CASE #3-69B March 5, 1969 This subject was again considered by the Commission, inasmuch as there had been no action taken at the last meeting. Discussion followed. Parkinson moved: Lone seconded: The Planning Commission recommend that the subject street not be renamed for the following reasons: (1) that same street is "Pecos" everywhere else in Englewood and Denver; and (2) the pattern of street naming west of Broadway is alphabetical, and this renaming would be inconsistent with that pattern. Further discussion followed. Mrs. Romans reported that she had checked with Postmaster Gurley and was told that the Postal Department will continue to deliver mail for up to two years in cases where the street name has been changed, and this would cause no problem for the property owners if the renaming were approved. Mrs. Romans again pointed out that principal access to the area is off of Belleview Avenue north onto South Windermere and t hat several businessmen in the area are of the opinion that it is most confusing for persons to find their place of business on South Pecos Street when this same street is called South Windermere in Littleton. It was again shown that a roadway names South Pecos Street does not appear until north of West Jewell Avenue in Denver. South Windermere, on the other hand, extends south to Jackass Hill Road in south Littleton. The vote was called. AYES: NAYS: Touchton; Parkinson; Lone; Lentsch Carlson The motion carried. VI. MISCELLANEOUS Mr. Lone stated that the Regional Council of Governments meeting had been scheduled for March 19th, the same time as our Planning Commission meeting; therefore, he was unable to attend. Mrs. Romans stated that on April 8th, the Library Board has asked Mr. Smith of the Council of Governments to attend their meeting and discuss the program of the Council. This meeting will be at 8:00 P.M. in the evening, and Library Director Weibe has extended an invitation to the Planning Commission to attend this meeting. Mrs. Romans stated that the City Council had approved the rezoning request filed by Wilbur Wright for property in .the 4000 block of South Bannock Street. It will become final on April 19, 1969. City Council also set April 7, 1969, as the date for the Public Hearing on the rezoning request filed by Mr. Thorney, for the 3000 block of South Delaware. The matter of attendance at the American Society of Planning Officials was again discussed. Mr. Parkinson and Mr. Lone both stated that they would be unable to attend. Mr. Touchton and Mr. Carlson stated they would be available to attend, and Mr. Lentsch stated that he possibly would be able to attend. A designee will be chosen at the next meeting. I I I I I I Page 1149 Mrs. Romans stated that there will be a conference on Environmental Geology to be held at the Brown Palace Hotel in Denver , on April 30, May 1, and May 2. Members were asked to consider possible attendance at this conference. VII. STREET VACATION CASE #13-69A West Jefferson Avenue March 5, 1969 Parkinson moved: Touchton seconded: The matter of the street vacation request by Mr. Buchler be removed from the table. The motion carried unanimously. The request was discussed. Parkinson moved: Touchton seconded: The Planning Commission deny the request for vacation of West Jefferson Avenue for the following reasons: (1) A letter has been received from the State Highway Department which letter states that this portion of West Jefferson Avenue is considered to be a part of the ramp from U.S. 285 to South Broadway, and should remain in full service until such time as the ramp is revised. (2) This matter is still the subject of controversy with t he Board of Adjustment and Appeals and the Courts. (3) It is not the intent of the Planning Commission to circumvent the intent of the Board of Adjustment and Appeals in their denial of a request for a lot area and frontage variance on property at 3602 South Acoma Street. (4) The Commission feels that a precedent could be set for property owners on corner lots who might wish to avoid the clear requirements of the zoning ordinance if this request were granted . The motion carried unanimously. VIII. BOULDER CONFERENCE Mrs. Romans reminded members that the Annual Conference for Planning Officials will be held in Boulder March 20 and 21st. Meeting adjourned at 9:30 P.M. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *· * * * * * * * * * * * * * I . CALL TO ORDER. Members present: Members absent: Mr. Touchton moved: CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Ap r il 9, 1969 Carlson; Lone ; Parkinson; Touchton Romans, Ex-officio Lentsch ; Woods Mr. Parkinson seconded: That Mr. Carlson be appointed Chairman Pro-tern to conduct this meeting in the absence of Chairman Woods and Vice-Chairman Lentsch. The motion carried . Mr. Carlson called the meeting to order at 8:15 P.M. II. APPROVAL OF MINUTES. Mr. Carlson stated that the Minutes of the meeting of March 19, 1969, were to be considered for approval . Touchton moved: Parkinson seconded: The Minutes of March 19, 1969, be approved as written. The motion carried unanimously .