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HomeMy WebLinkAbout1969-02-19 PZC MINUTESPage 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 I I I Page 1137 II. APPROVAL OF MINUTES. Chairman Woods stated that minutes of the meetings of February 5th and February 12th were to be considered for approval. Lone moved: Parkinson seconded: The Minutes of February 5, 1969, and February 12, 1969, be approved as written. The motion carried unanimously. III. NEIL RICHARDSON Emerson to Corona, Hampden to Girard HEIGHT EXCEPTION CASE #10-69 Chairman Woods stated that Mr. Richardson was present to discuss a plan for the development of the Franc Greenhouse area which is located between Hampden and Girard and Emerson and Corona. The tentative plans for the proposal would necessitate a height exception to the Zoning Ordinance. Copies of Mr. Richardson's proposal were passed to the members of the Commission, as were copies of the height exception ordinance. Mr. Richardson stated he wished to discuss the matter with the Planning Commission to deter- mine their feelings about the feasibility of the proposal He stated this project will take three or four years to complete. They do have an option on this land, which is two city blocks in area. Mr. Richardson is proposing 800 apartment units on this land to be housed in eight buildings, .ten to twelve stories high. Mr. Richardson stated the plans he pre- sented were very preliminary, and that they have not engaged a planning firm to do extensive design work until they see if it is felt to . be feasible by the City. Mr. Richardson dis- cussed his "analysis of zoning" which he had submitted with the preliminary drawing of the proposal. Mr. Richardson stated they hoped to provide 1-1/2 parking spaces per unit, and would like to provide 2 spaces per unit if possible. This would entail double decking under- ground parking, with greenery covering this parking. He asked what the Planning Commission felt they needed to give the proposal definite consideration? Mrs. Romans commented that she felt the Commission would need a definite plan for the development, inasmuch as the plan should be approved by the Fire Department and the Public Works Department before the Com- mission makes a recommendation to the City Council. Mr. Parkinson commented that he felt if the buildings were situated as shown on the pre- liminary sketch that the view of the east to the west, and from .the west to the east, would be of one solid building. Mr. Richardson acknowledged that this arrangement of the buildings might present a problem. He stated that they had first though of scattering the buildings, but had settled on this arrangement; he again noted that this was a "preliminary plan". Mr. Lone referred .to the analysis of zoning, and asked if Mr. Richardson felt the height exception was needed to accommodate the proposed number of units? Mr. Richardson stated that to get the desired open space and still have the 800 units, he felt they did need the height; they could not possibly accommodate the units, the parking, and have any open space if it were to be built within the guidelines of the Ordinance. Mrs. Romans commented that she felt the density proposed would be of concern to the city. Mr. Richardson stated he felt the parking was the answer, that as long as the cars were not on the street, that the density would not really bother residents of the adjoining areas. Mrs. Romans stated she felt that an economic and feasibility study should be provided to the City in relation to this project. Further discussion followed. Mr. Richardson was instructed to submit further information to the Commission for their consideration. IV. ALLEY VACATION CASE #6-69B 3600 S. Penn.-Pearl February 5, 1969 Mr. Kubby and Mr. Stoppa were present for the discussion. Mrs. Romans stated that Mr. Kubby has requested that consideration be given to vacating the south 150 feet of the alley. This request was referred to the various utility companies and departments in the City. There has been no objection to the total vacation of the alley with retention of easements, but there has been objection to the partial vacation of the alley. The alley dead-ends now at Dry Creek, and egress is .made across private property onto South Pennsylvania Street. The houses on the east side of the alley have no access to the alley because of a retaining wall. Three property owners replied to the letters sent by the Planning Department; two had no objection to the vacation of the alley, however, the officials of Swedish Hospital would like to have the easement retained, and the third property owner objected to the vacation because the trash would have to be picked up from the front of the house. Mr. Kubby stated there was no need for the alley, and there is only one person who uses the alley and to use the alley you have to exit across private property. Mr. Kubby stated they would not object to the vacation of the entire alley and the retention of the easement, that they do not plan to build across the vacated alley, but use that area for parking for thei~ apartment complex. The drainage problem was discussed. Mrs. Romans pointed out that the Zoning Ordinance specifies that building permits shall not be issued until drainage provisions are made to the satisfaction of the Public Works Director. Discussion followed. The Commission felt they needed further clarification as to why the partial vacation of the alley was opposed, whether it was for reasons of drainage or what. Mr. Kubby stated that he had been assembling the land since November, 1968, and that any delay would of course hold up their project; however, he did state that they also must appear before the Board of Adjustment on a setback variance. Further discussion followed. Lone moved: Parkinson seconded: The matter be tabled for further consideration. Page 1138 Mr. Ray Ludwig stated that as a citizen he would hope that the Planning Commission would look at the area and determine that for the benefit of the area and the city that the alley should be vacated in its entirety to permit this development. He stated that this area has become one of the blighted areas in town, and that when a developer has .proposed a project, someone has always protested. He feels that this proposal by Mr. Kubby will clean the area up, and be an attractive asset to the City. Discussion followed. Mr. Lone stated that he would like further clarification of the memorandum from Public Works Director Waggoner as to why a partial vacation is opposed. Mr. Stoppa commented I ' that if it was due to a drainage problem , that he felt the problem could be solved, and they will comply with the codes and ordinances of the city. Further discussion followed. The vote was called, and the motion defeated. The Planning staff was instructed to poll the Commission members in the next day or two, and see what the decision was after the memorandum from Public Works Director Waggoner has been clarified. The members were polled Thursday afternoon, February 20, 1969 : It was their decision that the alley should be vacated in its entirety, and so recommended to City Council. V. MR. OTT CASE #11-69 3900 Block South Broadway Mrs. Romans stated that Mr. Ott was to have been present to discuss the problem of developing the 3900 block on South Broadway with only 125 ft. depth of the B-2 zoning. However, Mr. Ott is not in attendance. No action was taken. VI. W. H. THORNEY 3000 Block South Delaware Street REZONING R-2-A to R-3-B CASE #l-69B 2 /5 /69 Parkinson moved: Touchton seconded: The matter of the rezoning request filed by Mr. Thorney be raised from the table. The motion carried unanimously . Discussion followed. The Minutes of the Public Hearing were reviewed. Mr. Lentsch asked about the possibility of rezoning just Mr.· Thorney's six lots? It was pointed out that the City Attorney has said spot zoning could be justified ifiit was for the welfare of the City, and it was questioned that this particular situation could be so interpreted. Further dis- cussion followed. Parkinson moved: Touchton seconded: Discussion followed. The Planning .Commission recommend to City Council the rezoning applica- tion filed by Mr. W. H. Thorney for a change of zone from R-2-A (Two- family Residential) to R-3-B (Multi-family Residential) for the 3000 block South Delaware be approved for the following reasons: (1) The evidence presented at the Public Hearing showed that the area has not redeveloped under the present zoning. (2) There were indications at the Public .Hearing that the area would redevelop under the proposed R-3 ~B zoning. (3) It was indicateu at the Hearing that there would be a large demand for additional housing in this area, which demand could be partially met by multi-family units in this area. (4) There were 12 persons present at the Hearing who reside in the general area who were in favor of the rezoning, and 19 persons living :in . the general area who were opposed to the rezoning. (5) Protest petitions signed by 152 people were presented at the Hearing; however, a number of these persons stated at the Hearing that they would not have signed if they had realized there were two separate rezoning cases. (6) The applicant presented an area plan indicating that 8 properties within the subject block had signed as being in favor of the rezoning. The motion carried unanimously. VII. INTERPRETATION OF ORDINANCE Rubber Molding CASE #12-69 Mrs. Romans read the following memorandum from Chief Building Inspector Wallace, and the letter from Brown-Schrepferman: "To: Mrs. D. Andrew Romans, Planning Director From: Beryl A. Wallce, Chief Building Inspecto~ Date: February 13, 1969 Subject: Proposed Use in an I-1 Zone We have an application for a rubber molding use from Brown-Schrepferman and Company for the building to be located South Raritan and West Caspian Place which is zoned I-1. A copy of their letter is attached. I I I I I Page 1139 Strict interpretation of the Zoning Ordinance especially in view of the definition of "pro- cessing", Section 22.8 (Page 108) would not permit this use. However, it is my belief the intent of the ordinance was not to limit this type of light manufacturing, especially when the process is odorless and the temperature concerned are quite low. We would appreciate the Planning Commission considering the use and advising us of their decision. Sincerely, Beryl A. Wallace, Chief Building Inspector BAW /ss" "January 17, 1969 Mr. B. A. Wallace Chief Building Inspector City of En g lewood Englewood, Colorado Reference: Proposed building at South Raritan and W. Caspian Place -Zoned I-1 Gentlemen: We are the owners of the property on South Raritan and W. Caspian Place which is zoned I-1. We are currently negotiating with a client to build a building on this corner. The client manufactures minature precision rubber molded parts. This process consists of pressing rubber which has been electrically heated to approximately 350 ° into molds. All the rubber used in this process is purchased outside of this plant and no raw rubber or reclaiming of rubber will be done on these premises. The molding process is odorless and done at tempera- ture well below the flame point of any of the materials used. The amount o f rubber used in any one working day is approximately 15 pounds. We believe that this process does not fall into the limitations of the I-1 zoning and should be rightly classified as light manufacturing rather than rubber processing. We should appreciate your consideration and approving the above described usage in this zone I-1 and have some written indication of your decision in the n~ar future. Very truly yours, BROWN-SCHREPFERMAN & CO. By: James S. Brown, Jr." Discussion followed. Mr. Parkinson commented that he didn't see anything wrong with per- mitting the proposed use. Mr. Carlson stated he couldn't see why it shouldn't be permitted if there were no problems with noise, odor, etc. as set forth in the Ordinance, Section 22.5- 19. Further discussion followed. Members did not feel that this was processing as defined in the Ordinance , and that the use is similar to another use located at 3839 South Jason St. Parkinson moved: Lone seconded: The Building Department be notified that from the description of the proposed use of the property, it appears the molding of rubber as set forth in the letter fr om Brown-Schrepferman would be permitted in the I-1 (Light Industrial) District; further that the Commission feels this could be permitted-under the Uses Not Mentioned, Section 22.5-19 of the Comprehensive Zoning Ordinance, inasmuch as this is "molding" of rubber and not "processing" of rubber. The motion carried unanimously. VII!. STREET VACATION West Jefferson CASE #13-69 Mrs. Romans gave members of the Commission copies of correspondence from Mr. Buechler to Mr. Dial requesting that a portion of West Jefferson Avenue be vacated, from City Manager Dial to Mr. Buechler in which he stated he had referred the matter to the Planning Com- mission, and a memo from Mr. Dial to the Planning Director asking that the matter be re- ferred to the Planning Commission. She stated that the Public Works Department is trying to determine an accurate legal description of this area. It was recalled that the Board of Adjustment and Appeals had denied a variance to Mr. Buechler to build .on his property adjoining this street, which property did not meet the lot area or frontage requirements of the Comprehensive Zoning Ordinance . Further brief discussion followed. No action was taken. IX. ARTHUR S. BOWMAN for D. Schlegelmilch 325 West Belleview REZONING CASE #14-69 R-2-A to R-3-B Mrs. Romans stated that an application had been filed by Mr. Bo~man, counsel for Mr. Schlegelmilch, requesting the rezoning of 325 West Belleview from R-2-A (Two-family Resi- dential) to R-3-B (Multi-family Residential). The history of the area was reviewed. Parkinson moved: Lentsch seconded: The application filed by Mr. Bowman be accepted, and a date for Public Hearing be set for March 19, 1969; the property is to be posted and public notice given in the official city newspaper. The motion carried unanimously. --------------- --- Page 1140 X. PARKING PLAN CASE #15-69 4301 South Broadway Mrs. Romans stated that the -Bank at South Broadway and West Quincy Avenue is enlarging their building, and want to change the location of curb cuts, closing one and adding two others. It was stated that this plan had been submitted to the Planning Department at 4:45 P.M. this evening, and that there had not been time to study the plan, or to get a recommendation from the Traffic Engineer. Discussion followed. The Commission asked that there be more information on the plan, whether the curb cuts were to be one-way or two-way, and whether the location and the width of the cuts as indicated on the plan meet with the approval of the Traffic Engineer. XI. AMERICAN SOCIETY OF PLANNING OFFICIALS Mrs. Romans stated that the annual American Society of Planning Officials Conference will be held in Cincinnati the week of April 20th. Members were asked to determine who would attend this conference by the March 5th meeting. Money is budgeted for the attendance of the Planning Director and one representative of the Commission. XII. OFF-STREET PARKING COMMITTEE Mrs. Romans reminded the Commission that they had appointed an off-street parking committee about a year ago, and asked that the Planning Commission give consideration to reaffirming the appointment of the members of the Off-street Parking Committee for the year 1969. It was the opinion of the Commission that the Committee should continue with their study. XIII. DISCUSSION Mrs. Romans discussed what she felt on occasion has been a problem in communication with the Planning Commission members. Several means of easing this problem were considered. The matter of the Commission Agenda was also discussed. The members felt that the agenda should be mailed to them Fridays before the meeting to enable them to view rezonings, alley vacations, etc. over the weekend. It was the ruling of the Chairman that nothing submitted after 12 noon on the Friday preceding the Planning Commission meeting should be included on the agenda for the next meeting. This would enable the staff to thoroughly review materia~ and plans submitted for consideration, and would also give the applicants time to gather further information if deemed necessary by the staff prior to consideration by the Commission. This would not preclude persons appearing unscheduled at the meeting, but it dould be assumed in that event that were additional information needed or were a staff recommendation to be desired, that no action would be taken on that matter at that meeting. The meeting adjourned at 10:45 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: February 19, 1969 Alley Vacation -3600 South Pennsylvania-South Pearl The Planning Commission recommends that the alley in the 3600 block South Pennsylvania-South Pearl be vacated, retaining easements for utilities that are in the alley. 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: Parkinson moved: Touchton seconded: February 19, 1969 Approval of Rezoning Application filed by W. H. Thorney The Planning Commission recommend to City Council the rezoning application filed by W. H. Thorney for a change of zone from R-2-A (Two-family Res:idential) I I I I I I Page 1141 to R-3-B (Multi-family Residential) for the 3000 block South Delaware be approved for the following reasons: (1) The evidence presented at the Public Hearing showed that the area has not redeveloped under the present zoning. (2) There were indications at the Public Hearing that the area would redevelop under the proposed R-3-B zoning. (3) It was indicated at the Hearing that there would be a large demand for additional housing in this area, which demand could be partially met by multi-family units in this area. (4) There were 12 persons present at the Hearing who reside in the general area who were in favor of the rezoning and 19 persons living in the general area who opposed the rezoning. (5) Protest petitions signed by 152 people were presented at the Heari~g; however, a number of these persons stated at the Hearing that they would not have signed if they had realized there were two separate rezoning cases. (6) The applicant presented an area plan indicating that 8 properties within the subject block had signed as being in fav or of the rezoning. 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 March 5, 1969 The Regular Meeting of the City Planning and Zoning Commission was called to order by Vice- Chairman Lentsch. Members present: Carlson; Lentsch; Lone; Parkinson; Touchton Romans, Ex-officio Members absent: Woods Also present: City Attorney Criswell; Assistant City Attorney Donovan II. APPROVAL OF MINUTES. Vice-Chairman Lentsch stated that the Minutes o f February 19, 1969, were to be considered f or approval. Carlson moved: Touchton seconded: The Minutes of February 19, 1969, be approved as written. The motion carried unanimously. III. STREET VACATION West Jefferson Mr. Buchler was present for the discussion. CASE #13-69A February 19, 1969 Mrs. Romans referred to correspondence between Mr. Buchler and Mr. Dial, Mr. Dial and Mr. Buchler, and Mr. Dial and herself which had previously been given Commission members. Also reference was made to correspondence between Mrs. Romans and Mrs. Buchler in June of 1968. Mr. Buchler stated there was no desire f or personal gain in this request to vacate a portion of West Jefferson Avenue. Their property at 3585 South Broadway will be taken by the Highway Department for the interchange at Broadway and U .. S. 285, and they are interested in the relocation of their offices ±o property they have purchased at 3602 South Acoma Street. Mr. Buchler stated that he has discussed the matter with the City Engineer, and also with City Manager Dial. He stated that the City would be given the right to continue the right- of-way use on the portion he is asking to be vacated. Mr. Buchler stated that Mr. Dial has said that he feels Jefferson will be closed because of the interchanga and at that time it is possible this street will not be needed. Mr. Buchler stated he feels this proposal is the right solution to a legal problem which confronts the City, and which he and Mrs. Buchler have filed against the City, and he doesn't feel that this proposal will harm anyone. The subdivision of this block was discussed. Mr. Buchler stated that the street is 60 ft. west of Lot 9 , Block 1, Englewood Heights, and narrows to 45 ft. from that point east to its intersection with South Broadway.