HomeMy WebLinkAbout1969-03-05 PZC MINUTESI
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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
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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.
Page 1142
Mr. Parkinson asked if there were definite plans o f the State Highway proposal? Mr. Buchler
stated that the Highway Department would have no interest in Jef f erson Avenue after the
completion of the new ramp, and that the interchange would not touch this property, but would
be to the north "several" feet. Mrs. Romans stated she did not understand that the final
detailed plans for the interchange have been drawn. Mr. Buchler stated that Mr. Russell of
the Highway Department indicated that they did have final drawings, and that Mr. Buchler had
been shown the final plans. Further discussion followed. Mrs. Romans pointed out that access
must be provided to the parking lots on the back of the Broadway f rontage, and that people
who use the Broadway-Acoma alley must have access. Mr. Buchler stated that a meeting with
Dr. Mezen, Mr. Bowman , City Manager Dial and Public Works Director Waggoner and himself had
been held. It was suggested by Mr. Dial and Mr. Waggoner that the entire street be vacated,
and the City be given the "right" to use it for access to Broadway. He stated he had not
requested vacation of the entire street, but would not object to such action. Mr. Parkinson
asked if there was a time element involved in this request? Mr. Buchler acknowledged that
there was, inasmuch as it is his understanding that the Highway Department will contact the
property owners about May first. Discussion followed.
Mrs. Romans brought up the point as to whether or not this portion of West Jefferson between
South Acoma Street and South Broadway is a part of the State Highway System, inasmuch as it
is part of the ramp between U.S. 285 and Highway 87 (South Broadway). She asked that if this
were true, could the city vacate any portion of this street without tbe concurrence of the
Highway Department? Mr. Criswell stated that if it were shown on the State Highway System
then no, the City could not vacate a portion of it.
Mr. Parkinson commented that he felt if this request were granted to give Mr. Buchler additional
square footage for his property , that the City might be setting a precedent, inasmuch as every
other property owner who lacked proper square footage could request vacation of the street by
their property. He also felt that the City should find out just what the plans of the State
Highway Department are concerning this area before any action is taken. Mr. Parkinson also
stated that the Board of Adjustment had acted upon a request for a variance to the lot frontage
and lot area requirements of the Comprehensive Zoning Ordinance by Mr. Buchler after public
hearing, which request was denied, and he did not feel that the Planning Commission "should
go through the back door" to permit the same use in the same location where it had once been
denied by the Board.
Mr. Buchler stated he was not trying to go through the "back door", but that he was in attendance
and had made the request at the suggestion of the City Manager. He stated they are trying to
cooperate with the City , but he doesn't feel their land on Broadway should be taken for the
interchange. Discussion f ollowed. Mr. Lentsch asked Mr. Buchler i f he had discussed the
situation with anyone in the neighborhood? Mr. Buchler stated that he had met with Dr. Mezen
and Mr. Bowman, but had not discussed the matter with any residents of the area.
Mr. Carlson stated he didn't feel the Commission had sufficient in f ormation to render a
decision this evening, and that he wanted a chance for more research to be done. Mr. Touchton
agreed that action now might be premature. Further discussion followed.
Parkinson moved:
Carlson seconded: The matter be tabled for further consideration.
The motion carried unanimously.
IV. PARKING PLAN CASE #14-69A
4301 South Broadway February 19, 1969
Mrs. Romans stated that the off-street parking plans for the First Federal Savings and Loan
at 4301 South Broadway were referred to Traffic Engineer Hammond, who made the following
recommendations:
1. Remove existing driveway cut on the south side of Quincy, east of alley ; NOT shown on
plans.
2. Remove existing two (2) driveway cuts , exclusive of the one removal indicated, located
on the west side of Broadway at approximately the south end of property line; NOT shown
on plans.
3. The two (2) new drive cuts shown, to be 25 feet exclusive of flange.
4. Would recommend that access to and from the lot on the alley to the west be controlled
in some manner, possibly concrete wheel stops. This area is presently not controlled.
Mr. Hammond's recommendations were forwarded to Chief Building Inspector Wallace for referral
to the architect. Mrs. Romans stated that she had also asked Mr. Wallce to state how many
parking spaces were required by this use, and how many were being provided. Mr. Wallace in -
dicated in a memorandum that the use would require 46 parking spaces, and 94 are being pro-
vided.
Members discussed Mr. Hammond's recommendation that the alley access be controlled. Mr A
Lentsch asked why it was needed, when there are other like situations which have no control.
Mr. Lone stated that he knew this particular building had great use of the "community room",
and he felt there could be a problem if all the cars had to exit onto Broadway or Quincy
rather than some using the alley. Mrs. Romans pointed out that it is a commercial alley
backing the Broadway frontage, and is subject to heavy traffic. She also pointed out that
the cars in this particular lot are parking facing the alley --east and west --and that
sometimes they protrude into the alley. Mr. Carlson stated that if the Traffic Engineer
felt this control was desirable that he would be in favor of promoting such control. Fur-
ther discussion followed.
Parkinson moved:
Touchton seconded: The parking plan as amended submitted by the First Federal Savings and
Loan at 4301 South Broadway be approved subject to the addition of some
form of control of access to the alley , which control must be approved
by the Traffic Engineer of the City of Englewood.
AYES: Parkinson, Carlson, Touchton
NAYS: Lone, Lentsch
The motion carried.
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V. NEIL RICHARDSON
Emerson to Corona
Hampden to Girard
HEIGHT EXCEPTION
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CASE #10-69A
2 /19/69
Mrs. Romans stated that there had been no further information received from Mr. Richardson
on his request for height exception for a proposed apartment complex .
VI. STREET NAME CHANGE
Pecos to Windermere
CASE #3-69A
Mrs. Romans stated that the matter of changing the name of South Pecos Street from Tufts
Avenue to the south City limits has been discussed with her by City Manager Dial and
County Commissioner Christensen. It has been suggested that the street be named South
Windermere Street to tie into the street to the south of our boundary. Pecos Street does
not extend across Trufts Avenue , and does not pick up again until you cross the river where
it again starts in Northwest Englwood .
Letters were sent to pro,perty owners in the area who have property bordering South Pecos
Street. Replies received indicate four persons in favor, and two in opposition. The Com-
mission discussed this matter at some length. No action was taken.
VII. MUFFLER REPLACEMENT CENTER
4770 South Broadway
CASE #16-69
Mrs. Romans stated that Chief Building Inspector Wallace has referred a request for a
muffler replacement center to be located at 4770 South Broadway to the Planning Commission
as a use not mentioned as a permitted use. Mr. Wallace's memorandum reads as follows:
"February 28, 1969
"Muffler Replacement Center
"We have a request from Joseph E. Frizzell concerning a Muffler Replacement Center to
be located at 4770 South Broadway. Letter attached. Work to be perfo rmed in a new 35' x 90'
building to be erected on a site 140' x 125'. This area is zoned B-2. We do not find
this use listed as a permitted use, therefore, are requesting that this matter be presented
to the Planning Commission as provided for in Section 22.4-11, paragraph b-16, any similar
lawful use.
"Muffler replacement is carried on under the following permitted uses B-1 zone, Section 22.4-10,
paragraph b-8, and in B-2 zone, Section 22.4-11, paragraph b, item 7, item 8, item 13 and
item 15.
"A transmission repair garage located at 3921 South Broadway was determined to be a permitted
use by the Planning Commission December 1, 1966.
Sincerely,
Beryl A. Wallace
Chief Building Inspector
BAW /pm
Enclosure"
The letter from Mr. Frizzell is as follows:
"February 27, 1969
Mr. Beryl Wallace
Building Inspector
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
"Dear Mr. Wallace:
"I very much appreciated the courtesy extended to us this morning by you in our meeting at
your office. This letter is to serve as my request that you process, at your earliest con-
venience , the necessary papers enabling me to construct a Midas Muffler Shop building to
be located at 4770 South Broadway.
"I expect to construct a building with dimensions not to exceed 35 feet by 90 feet on a
site that consists of 140 feet by 125 feet, located in the middle of said block.
"The legal description of said property is as follows: Lots 17 through 22, except the nor1h
10 feet thereof, Block 72, Harlem Subdivision, City of Englewood, County of Arapahoe, State
of Colorado.
"I understand the reason this request is necessary is that my intended use of the property
is not specifically named in your zoning ordinance, but falls in the category of "similar
uses."
''I assure you I will comply in every way with your construction requirements with regard to
fire ratings, setbacks, etc., and will be happy to su b mit completed plans and specifications
t o you as soon as they are available. Again, I thank you for your assistance in my behalf
regarding this matter.
Sincerely yours,
MIDAS MUFFLER SHOP
Joseph E. Frizzell
slr"
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The Planning Commission reviewed action taken previously on similar uses.
Parkinson moved:
Touchton seconded: The Planning Director notify Chief Building Inspector Wallace that the
Planning Commission feels this is a similar use to those listed in the .
B-2 Zone District, and is ielt to meet the requirements set forth in
Section 22.4-llb(l6) of the Comprehensive Zoning Ordinance.
The motion carried unanimously.
VIII. APPLICATION FOR INTERPRETATION
Mrs. Romans discussed a proposed "application for interpretation" which model application
had been in the Planning Advisory Service. It was the feeling of the Commission that this
application should be given to the Building Department to be completed by applicants and
forwarded to the Planning Department.
IX. ALLEY VACATIONS.
The Planning Director discussed the possibility of requiring a payment for the vacation of
a street or alley comm.e.nsurate with the value of the land. This money could then be placed
in a fund to enable the City to purchase right-of-way where needed. Discussion fol~owed.
Mr. Criswell stated that he did not feel such a policy should be adopted, but that perhaps
a flat fee should be considered.
X. BOULDER CONFERENCE.
Mrs. Romans stated that the 11th Annual Institute for Planning Officials will be held in
Boulder at the University on March 20 and 21, 1969. Members who would be attending were
asked to notify the office to enable the staff to assure reservations.
XI. AMERICAN SOCIETY OF PLANNING OFFICIALS.
Mrs. Romans reminded the members that this conference will be held in Cincinnati, Ohio,
on April 20 -24th. Discussion ensued as to which members would be able to attend. No
decision was made.
Touchton moved:
Parkinson seconded: The Planning Commission recommend to City Council that the Planning
Director and one member of the Planning Commission be authorized to
attend the American Society. of Planning Officials Conference in
Cincinnati, Ohio, April 20 thru April 24, 1969.
The motion carried unanimously.
XII. COUNCIL OF GOVERNMENTS.
Mrs. Romans stated that the annual dinner meeting of the Council of Governments has been
scheduled for the evening of March 19th, at which time this Planning Commission has also
scheduled a Public Hearing. Inasmuch as Chairman Woods will be unable to attend this Hearing,
making the Commission short one member, it was felt that perhaps the Council of Governments
meeting should be unattended by Commission representatives this year, to assure a quorum at
our Public Hearing.
Meeting adjourned.
Gertrude G. Welty
Recording Secretary
MEMORANDUM TO 'IHE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR ~ECOMMENDATION OF THE CITY
PLANNING AND ZONING COMMISSION.
DATE: March 5, 1969
SUBJECT: Attendance at ASPO Convention in Cincinnati, Ohio
RECOMMENDATION :
Touchton moved:
Parkinson seconded: The Planning Commission recommend to City Council that the Planning
Director and one member of the Planning Commission be authorized to
attend the American Society of Planning Officials Conference in
Cincinnati, Ohio, April 20 thru April 24, 1969.
The motion carried unanimously.
By Order of the City Planning
and Zoning Commission.
Gertrude G. Welty, Recording Secretary
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