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HomeMy WebLinkAbout1969-02-12 PZC MINUTESPage 1134 MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: SUBJECT: RECOMMENDATION: Parkinson moved: Lentsch seconded: February 5, 1969 Approval of Rezoning Request The Planning Commission recommend to City Council that the application filed by Mr. Wright for Lots 11 thru 23, Block 15, Jackson's Broadway Heights, be approved for the following reasons: (1) There were five persons in favor of the proposed rezoning and no one in opposition at the Public Hearing; (2) The structure on Lots 11 thru 19 has deteriorated to the extent that it is a hazard to the public, and the proposed rezoning shows promise of relieving that condition; (3) The requested rezoning will permit apartment house construction, which appears to be one use much in need in the City of Englewood; (4) There was a petition circulated in the area, and only three persons did not sign the petition in favor of the rezoning. The motion carried unanimously. By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION February 12, 1969 Special Meeting I. CALL TO ORDER. The Special Meeting of the Planning Commission was called to order by Chairman Woods. Members present: Carlson; Lentsch; Lone; Parkinson ; Touchton; Woods Romans, Ex-officio Members absent: None Also Present: City Attorney Criswell This meeting is a special meeting called to reconsider the matter First National Bank property at South Elati Street and U.S. 285. was discussed at dinner; the meeting adjourned to Conference Room of the First National Bank, Mr. Eachon, and counsel for the bank. was not in attendance at the meeting in Conference Room A. of the covenants on the The matter of the covenants A to meet with the president Mr. Malone. Mr. Lentsch Mr. Eachon presented a set of plans for the proposed bank facilities; he stated that these plans are not final, and that a new set of plans and specifications had been due on this date, but did not arrive. Mr. Eachon discussed the bank building in great detail; the main en- trance will be from the east, and the bank itself will occupy the basement, first and second floors, and the ninth and tenth floors. The second floor will be used as their first area of expansion. He stated that by 1985, the bank, by exer ising its options to occupy additional floors every five to ten years, will have 85% to 90% of the building. Mr. Eachon stated that the possibility of a pedestrian tunnel from the underground parking in the adjacent shopping complex, located on the west side of South Elati Street, to the bank, is still under consideration. He stated they would have a depth problem, inasmuch as they would have to come from 21 feet underground to surface or a reasonable depth in approximately 105 feet. It will cost, he stated, approximately $50,000 to tunnel under Elati Street. Mr. Eachon stated the bank had a 35 year minimum lease on their building space, with options to 90 years, and a 55 year lease on the land with options to 90 years. Mr. Eachon stated there will be three high speed elevators to serve 120,000 sq. ft. net rentable area. This is contrasted to an adjacent 10 story bank building which has a net rentable area of 70,000 sq. ft. The building will be of poured-in-place concrete, and will have polarized glass in the windows. There will be a Board Room and two conference rooms on the top floor which will be under the control of the First Nat iona .l Bank. There will be a Community Room in the base- ment next to the elevators, for the convenience of the public. Mr. Eachon stated that when the original plans were being made for construction under the bank ownership, they had planned a heliport, but now that another party will have ownership of the building, he isn't sure what is planned. Mr. Eachon again pointed out that the bank will lease back from the builder their space in the building , but that the builder has said he does not waut the responsibility of the drive-in facility; for this reason, the bank itself will have to have these facilit:ies built. Mr. Eachon stated there will be eight drive-in windows, two of them to be manned, and the rest monitored by television, with room for two additional windows. It is planned that I I I I I I Page 1135 these facilities will be sunken, or at a depressed level. He pointed out that the traffic flow is being planned very carefully to facilitate the movement of customers to open windows and to the point of exit from the drive-in facilities. Mr . Eachon stated that he was concerned anout the 8 ft. height limitation the Commission had discussed at the previous meeting. He stated that this limitation could create problems if they were to run into soil problems, or if they decided that an identifying sign were needed at that location. Mr. Eachon also stated that the bank would prefer to have the covenants removed completely and that there be no restrictions on the land other than those in the applicable city ordinances. Discussion followed. Members of the Commission expressed con- cern about the preservation of open space in the City, and in view of the proximity to the City Hall, in particular, at this location. Mr. Eachon commented that he felt the bank would have to have some setback to accommodate the landscaping to the "depressed" drive- in facility. Further discussion of the matter of the height restriction followed. the bank could sell the property, and if the covenants were released, could be built there. Mr. Lone commented that he is not opposing the that the bank is proposing, but is opposed to anything higher. It was mentioned that a "40 story building" one-story structure Mr. Woods stated that he did not feel there should be any restrictions on the land, and stated that Mr. Lentsch had indicated that he also felt there should be no restrictions on the land. Mr. Touchton concurred in this opinion. Mr. Eachon stated that the bank doesn't have a set design for the drive-in facility as yet, so he could not say definitely what the height will be; but that he doesn't feel they should be held to the 8 ft. height limitation, particularly in view of the fact that the land is industrially and commercially zoned, and that it is in the location where it is. It was pointed out that this restridtion had not been placed on other buildings in the area. Mr. Eachon commented that he felt the covenants were placed on the land in the first place in an effort to eliminate possible competition for the shopping center and the tenants of that development. Mrs. Romans commented that it is possible that the City Hall could be re- located at some time in the future, or that other developers could erect a hi-rise building on other sites in this area, and asked if the covenant would be needed in these events? Mr. Criswell stated that we were dealing with proprietary interest vs. governmental interest. He stated he did not know why the covenants were placed on the land, but that it was possible that outside interests were considered at that time. Mr. Eachon stated the bank was to s~gn a lease with the builder in a few days, which lease will make the bank liable for architect fees, interim financing, transportation of personnel from Texas to Denver and bank, and all other out-of-pocket expenses of their people between now and April 15th. He stated this could run to $100,000. He stated they wanted t o start construction by April first, because the builder has commitments on materials he will be using in the building, and that this matter needs to be settled as soon as possible . Further discussion followed. Mr. Eachon discussed the economics situation i n regard to the building, the land, and made the statement that land in New York City is selling for $500 per spare foot, and that it is not beyond reason that land in Englewood may be at such price some day. Mr. Eachon suggested that if the Commission didn't feel that the setback restriction should be removed, that possibly the maximum height restriction could be eased to say one story, or 18 feet, which height would be the same as the height of the firs t floor of the proposed bank building. Further brief discussion followed. Parkinson moved: Lone seconded: The Planning Commission reconsider the motion made at their regula r meeting of February 5, 1969; the height of the drive-in facility to be restricted to 18 ft. The amended motion would read : "The Planning Commission recommend to the City Council that the following covenants as recited in People's Ordinance No. 3, Series o f 1964, §23(aj (i), (ii) (iii), which covenants also appear in other related documents, be released: (i) Landlord shall not use or permit the use of the burdened land for any purpose other than that of office purposes such as offices for pro- fessional persons, financial institutions, administration and the like. (ii) Landlord shall maintain on the burdened land at all times at least one automobile space for each 300 square feet of floor space in buildings erected on the burdened land; and (iii) Landlord shall not erect or permit the erection of any building or other structure on the burdened land (other than parking structures less than one foot high) closer than forth feet to the existing east boundary line of South Elati Street, and that the imposition of the following restrictive covenants be imposed in lieu of the aforementioned restrictive covenants: 1. No structure is to be permitted in the area described as follows: Beginning at a point on the SE corner of the SW 1 /4 of the SW 1 /4 of Section 34, T4S, R68W ; thence North 68 feet to the north line of West Hampden Avenue; thence west and along said north line 313.33 feet to the intersection with the east line of South Elati Street, the true point of beginning; thence north and along South Elati Street 144.14 feet; thence east 14 feet; thence south and parallel to said east line of South Elati Street 144,17 feet; thence west 14 feet to the true point of beginning. Page 1136 2. No structure in excess of 18 feet in height is to be permitted in the area described as follows: Beginning at a point un the SE corner of the SW 1 /4 of the SW 1 /4 of Sec. 34, T4S, R68 W; thence North 68 feet to the North line of West Hampden Avenue; thence West and along said North line of West Hampden Avenue 299.33 feet to the true point of beginning; thence North 144.17 feet; thence East 17 feet; thence South 144.21 feet; thence West 17 feet to the point of beginning. The motion carried unanimously. Brief discussion on the wording of the motion ensued. Meeting adjourned. Gertrude G. Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: February 12, 1969 SUBJECT: Restrictive Covenants on First National Bank Property RECOMMENDATION: The Planning Commission recommend to the City Council that the following covenants as recited in People's Ordinance No. 3, Series of 1964, §23 (a) (i), (ii), (iii), which covenants also appear in other related documents, be released: (i) Landlord shall not use or permit the use of the burdened land for any purpose other tta n that of office purposes such as offices for professional persons, financial institutions , ai- ministration and the like. (ii) Landlord shall maintain on the burdened land at all times at least one automobile space for each 300 square feet of floor space in buildings erected on the burdened .land; and (iii) Landlord shall not erect or permit the erection of any building or other structure on the burdened land (other than parking structures less than one foot high) closer than forty feet to the existing east boundary line of South Elati Street,. ' and that the imposition of the following .restrictive covenants be imposed in lieu of the aforementioned restrictive covenants: 1. No structure is to be permitted in the area described as follows: Beginning at a point on the SE corner of the SW 1 /4 of the SW 1 /4 of Section 34, .T4S, R68W; thence North 68 feet to the North line of West Hampden Avenue; thence West and along said North line 313.33 feet to the intersection with the East line of South Elati Street, the true point of beginning; thence North and along South Elati Street 144,14 feet; thence East 14 feet; thence Sputh and parallel to said East line of South Elati Street 144.17 feet; thence West 14 feet to the true point of beginning. 2. No structure in excess of 18 feet in height is to be permitted in the area described as follows: Beginning at a point on the SE corner of the SW 1 /4 of the SW 1 /4 of Sec. 34, T4S, R68W; thence North 68 feet to the North line of West Hampden Avenue; thence West and along said North line of West Hampden Avenue 299.33 feet to the true point of beginning; thence North 144.17 feet; thence East 17 feet; thence South 144.21 feet; thence West 17 feet to the point of beginning. The motion carried unanimously. 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 19, 1969 The regular meeting of the City Planning and Zoning Commission was called to order at 8:10 P.M. by Chairman Woods. Members present: Carlson; Lentsch; Lone; Parkinson; Touchton; Woods Romans, Ex-officio Members absent: None - - - --- ----- - - I I I