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HomeMy WebLinkAbout1970-03-17 PZC MINUTESI I I I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION March 17, 1970 Page 1233 The Regular meeting of the City Planning and Zoning Commission was .called to order at 8: 05 P.M. by Chairman Carlson. Members present: Woods; Walsh; Senti; Lentsch; Carlson Romans,. Ex-officio Members absent: Lone Also present: Messrs. Conti; Hartman; Stonier; Broomhall; Nelson; Dearmont; and Ohmstede. II. APPROVAL OF MINUTES. Chairman Carlson stated that the Minutes of March 3, 1970, were to be considered for approval. Lentsch moved: Senti seconded: The Minutes of March 3, 1970, be approved as written. The motion carried. III. K. WAYNE NELSON 1101 W. Dartmouth Woods moved: REZONING I-2 to I-1 CASE #3-70A February 3, 1970 Lentsch seconded: The Public Hearing on the rezoning request filed by Mr. K. Wayne Nelson be opened. The motion carried unanimously. Mrs. Romans summarized the application filed by Mr. Nelson on January 28, 1970; reasons given for said application were: "Plans pending in hands of Planning Commission to develop Columbine Mobile Home Park." Mrs. Romans then indicated the subject property on the zoning map, and also on land use maps of the area. Mrs. Romans stated that the subject property does adjo:in the I-1 (Light Industrial) zoning, and could, therefore, be considered an extension of the I-1 Zone District. Mrs. Romans also stated that the subject property ds in a flood plain established by the Corps of Engineers, and adopted by the Colorado Water Conservation Board and the Council of Governments as the official flood plain area. Municipalities who have control of the flood plain area have been urged to consider this when development is un<ler- taken within the flood plain area. Mrs. Romans also indicated the subject property on a map on which the lines of the flood plain boundary and the boundaries of the 1965 Flood were shown. This area is well within both boundaries. Mrs. Romans noted that a petition in opposition to the proposed rezoning and proposed mobile home park had been filed with the secretary of the Planning Department by Mr. Hartman on March 17, 1970. Mrs. Romans stated that public notice of the Public Hearing was published in the official City Newspaper, the Englewood Herald, and that the property has been properly posted for the required length of time. Mrs. Romans then summarized uses permitted in the two industrial districts and noted similarities and contrasts in the districts. Mrs. Romans noted that motels and mobile home parks are "con- ditional uses" in the I-1 Zone District. These uses were made "conditional" in 1963 when the Zoning Ordinance was adopted; under the previous 1955 Zoning Ordinance, these uses had been "non-conforming". Mrs. Romans noted that it was felt at the time the 1963 Zoning Ordinance was adopted that to make the uses "conditional" would give an opportunity to improve some of the existing substandard uses. She noted that several have taken advantage of this, and have torn out obsolete motel units, and have made an effort to improve their property. Mrs. Romans asked the Commission to keep in mind throughout the hearing, that it is the responsibility of the applicant to show that there have been changes in the area which affect the property, and that because of these changes, the present zoning would not permit the highest and best use of the property; or the applicant must prove that the zoning imposed upon the property is in error and does not permit the highest and best use of the land. Mr. Carlson stated that the Commission should consider the request as a change from I-2 Zoning to I-1 Zoning, which change may or may not permit the construction of a mobile home park. Mr. Carlson noted that the rezoning and the approval of a mobile home park are two separate and distinct actions, and while it would be difficult to consider the one without the other, it must be done. Mrs. Romans stated that if the rezoning were approved, the matter would be referred to Council, and that another public hearing would be held by the City Council. If, however, the Commission denies the request, Mr. Nelson has the option to appeal the decision to Council,·and ask that another hearing be held on the matter by the Council. The City Council may or may not hold the public hearing on the appeal. She noted that all hearings before the City Council on rezonings must comply with the posting and publication requirements that the hearings before the Commission must meetin Mr. Carlson asked Mr. Nelson to present his case. Mr. Nelson stated that he would ask his realtor, Mr. Broomhall, to present the case. Page 1234 Mr. Broomhall stated that it was difficult to divorce the issue of rezoning from the possible use of the land for mobile home park, as that is Mr. Nelson's intent if the rezoning is granted. Mr. Broomhall noted that there was a "gap" in housing between the "slum" housing and the higher priced homes. He noted that there was very limited low-cost housing, and to make up this "gap" the trend is toward modular housing and mobile home parks. Mr. Broomhall noted that there was a difference between "trailer parks" and "mobile home parks", and that Mr. Nelson was planning an adult "mobile home park". Mr. Broomhall stated that the property is contiguous to I-1 Zoning, and that he felt it would serve as a "buffer" along West Dartmouth Avenue, and would buffer between the industrial uses and the sewage plant. There were no other persons present to speak in favor of the rezoning. Mr. Carlson asked for the opponents to present their case. Mr. aartman asked that a petition presented earlier to the Secretary of the Planning Depart- ment be read into the record. Mrs. Romans read the following petition: To: The City Council OBJECTIONS TO GRANTING OF APPLICATION CONCERNING REZONING City of Englewood, Colorado WHEREAS, K. Wayne Nelson of 3701 South Santa Fe, has petitioned the City Planning Department (Planning and Zoning Commission) of the City of Englewood, Colora.do, for rezoning to permit the development of a mobile home park (Columbine Mobile Home Park) upon a parcel of ground, commonly described in said rezoning application as 1101 West Dartmouth, and more fully described as set forth in the said rezoning application filed by said K. Wayne Nelson which is dated January 28, 1970; and WHEREAS, the said property is presently zoned I-2; and WHEREAS, the .immediately adjacent property and surrounding area is zoned for I-2 pur- poses; and WHEREAS, the said applicant, K. Wayne Nelson, has requested the rezoning of the aforesaid premises from its present zoning of I-2 to a requested zoning of I-1; NOW, THEREFORE, we, the undersigned property owners, hereby respectfully petition the City Council of Englewood to deny such application for rezoning upon tQe following grounds: 1. To grant this application will be detrimental to the health, safety and general welfare of the community. 2. Said rezoning would tepd to create congestion in roads, streets and alleys therein. 3. Tend to overcrowd and cause an undue concentration of population. 4. That a mobile home park will present an inexcusable departure from the comprehensive plan for the area, resulting in an irreparable rupture in the integrity of the industrial neighborhood. 5. Would adversely affect the property values of the industries within its invirons in that the entire area under consideration was a planned industrial site with a definite pattern or trend toward industrial development in this area and that this industrial site is badly needed and should be used entirely for said purpose. 6. Granting of the rezoning would be out of step with the comprehensive zoning plan of the community and will result in depreciation of the nearby properties if this rezoning is granted. 7. Granting such rezoning would open the way for other property owners to reasonably expect similar variances of the Ordinances. 8. we feel that the above mentioned application should be denied since similar applications for the subject property were denied by the City of Englewood prior to this application, and that this application does not set forth facts materially different from those in the past applications and that no new conditions have arisen since the prior ap- plication so as to constitute reconsideration of the prior findings with reference to this rezoning. 9. That some of the undersigned property owners have land which is immediately adjacent to and abuts the subject property and that said land was purchased and improvements place thereon in reliance upon the continuation of the existing zoning continuity and to permit a part of such area to be used for mobile home purposes would violate the spirit of the zoning ordinances, impair the public safety and welfare, and would do substantial injustice, not only to the owners of properties immediately a d jacent to the proposed site, but to the en- tire neighborhood. 10. The creation of a mo~ile home park would necessitate the provision for adequate sch~ols, parks, water, sewage, transportation and other public requirements, ,conveniences, or improvements, and that the vehicular traffic which is necessarily a part of a mobile home park will add to the heavy traffic in the industrial area and would create a hazard to pedestrians and particularly to the children who would reside in such park and would have to cross the streets in the area going to and returning from school. 11. That the subject property lies within .a flood plane and is near the river bottom and would, therefore, be a potential hazard in the event of a subsequent flood. WHEREFORE, we respectfully ask that the application for rezoning be denied. I I I I I I NAME Floyd E. Fetterhoff Glen L. Friend Ben Edgin Kenneth Walter Robert M. Roy, Jr. Angelo J. Conti S. C. Hartman Page 1235 ADDRESS 3128 S. Platte River Drive Englewood 3130 So. Platte River Drive 1013-1015-1017-1019 West Dartmouth 1023 W. Dartmouth 3232 So. Platte River Dr., Englewood 1033 West Dartmouth Englewood 1033 West Dartmouth Englewood Mr. Hartman pointed out that the surrounding area is built up with industrial building s , and that the owners o f these industries are opposed to mobile home parks on this site. Mr. Conti stated that the area is bejng served by septic tanks for the sewer system , that the · Englewood sewer system does not serve them. He noted that some of the uses are on leaching fields, and he felt the mobile home park would be a health hazard. He stated he didn't feel this was a very desirable location f-0r a mobile home park. He noted that the odor from the sewage disppsal plant "is terrible in the summer time", and that they have had employees leave because of it; the flies are also bad because of this. City Attorney Berardini entered and took his place with the Commission. Mr. Hartman commented that Mr. Roy and Mr. Edgin could not be in attendance this evening , but they are opposed to the mobile home park. Mr. Nelson stated that he felt the discussion of sewage plants and disposal was immaterial at this point. he then commented that he .had been an Englewood area citizen for some time, and is happy when any one wants to improve their property for the betterment of the City . He stated that if the rezoning request were to be denied, or if it were to be approved and the request for a mobile home park were to be denied, he would comply with the decision. Mr. Lentsch stated that he would like to know why he should vote to change the zoning from I-2 to I-1, or why he should not vote to do so. He stated that .he didn't feel very strong arguments had been presented either way. Mr. Conti, opponent to the mobile home park, stated that there would be devaluation of other property in the area. Mr. Lentsch asked bow a mobile home park could cause devaluation of property. Mr. Hartman, partner of Mr. Conti, invited the Commission to drive down in the area and view the mo~ile home park that is north and east of their property. He stated there is a 12 ft. wide lane which no one will maintain; they have had trouble with broken windows, have had to fence in their black- topped parking lot because it was not safe for children to play in the lot as they were doing for lack of any place else to play; he also noted that Mr. Walters, who owns property at 1023 West Dartmouth, has also had a great deal of trouble with children from that mobile home park. He stated that existing units are in a very poor condition, there is trash, weeds, and j.ust generally a ."shoddy" atmosphere to the park. Mr. Conti stated that he didn't feel anyone would put a mobile home .park in such close proximity with the sewer plant, he didn't feel the area is suited to mobile home park development, and pointed out that the City has built their servicecenter and other facilities · in that area, thus lending credance to the understanding that it is an "industrial" area. He stated that when he and the others had purchased their land in that area, they were told that it would be strictly industrial development in the area. Mr. Conti also discussed conditions in the mobile home park which is situated back of their property. Mrs. Romans noted that in fairness to Mr. Nelson, .he does not own or operate the mobile home park which Mr. Ha~tman and Mr. Conti were discussing. She noted that the City officials am working with the owners of said park in an effort to bring it up to the standards of the mobile home ordinance. Further discussion followed. Mr. Hartman asked if there were plans on file for a mobile home park on the site proposed for rezoning. Mr. Carlson stated that there were. Discussion on the petition presented by Mr. Hartman ensued. Mrs. Romans stated that to her knowledge, there has been no previous application for rezoning of the subject site since this area was annexed to the City in 1958. She noted that there could have been previous applications while the area was still in the County, however. ·· Mr. Conti pointed out that the subject parcel of land has but 80 ft. frontage on West Dartmouth Avenue, and that all the traffic from the mobile home park would be forced to that point. Mr. Carlson suggested that this hearing be tabled and continued to a future date in order to give both sides an opportunity to clarify certain information. He suggested that the matter could be considered further on March 31st. Discussion followed. Woods moved: Senti seconded: Discussion followed. The Public Hearing on the Nelson Rezoning Application be ·tabled; the Hearing to be continued on March 31, 1970 at 8:00 P.M. AYES: NAYS: Woods, Walsh, Senti, Carlson Lentsch The motion carried. Page 1236 Mr. Carlson noted that the meeting of March 31st would be a special meeting in lieu of the regular meeting April 7th. Mr. Carlson stated that he would be out of town on the 7th of April, and the Director . and a member of the Commission will be attending the American Society of Planning Officials conference in New York City. IV. MOBILE HOME PARK ORDINANCE. Mr. Carlson stated that discussion on this proposed Ordinance would be considered further at the special meeting. V. K. WAYNE NELSON 3035 S. Santa Fe Dr. MOBILE HOME PARK Oasis Mobile Home Park CASE #42-68 Mrs. Romans stated that a revised plan for the Oasis Mobile Home Park has been referred to the Planning Commission by Chief Building Inspector Brokate, which plan shows 28 spaces. The original plan approved by the Planning Commission on November 20, 1968, indicated 26 spaces, with a structure in the northeast corner of the property which had two dwelling units, and was to have been used for office purposes. This structure has been removed, and the two additional mobile home spaces are now in this area. A memorandum from Chief Building Inspector Brokate indicating that with the removal of the older frame dwelling, he has no objection to the addition of two mobile home spaces. Discussion followed. Woods moved: Lentsch seconded: The Planning Commission reconsider the plans for the Oasis Mobile Home Park, as revised and submitted by K. Wayne Nelson. The motion carried unanimously. Further brief discussion on the addition of the two mobile home spaces followed. Senti moved: Lentsch seconded: That the Building Department be notified that the Planning Commission has considered the revised plans for the Oasis Mobile Home Park and that they accept the revised plan, dated February 10, 1970, for the mobile home park at 3035 South Santa Fe Drive, which plan shows a total of 28 spaces for mobile homes, two additional spaces having been placed on ground made available because of the removal of a frame structure in the northeast corner of the property. The motion carried unanimously. VI. BOULDER PLANNING CONFERENCE. Mr. Carlson stated that the annual Conference for Planning Officials, sponsored by the University of Colorado, will be held March 19 and 20, 1970, at Boulder, Colorado. Mr. Carlson urged all members to attend if possible. Discussion followed. Mr. Senti stated that he would be attending the Conference on March 19th. Mr. Woods and Dr. Walsh indicated they would proqably attend that day, also. Mr. Lentsch and Mr. Carlson stated that they would attend the conference on March 20th. VII. HOUSING CONFERENCE. Mr. Carlson stated that there is a Housing Conference to be held at the Brown Palace Hotel in Denver March 23 and 24, 1970. Again, he urged all members to attend if possible. Mr. Senti indicated that he would attend, and Dr. Walsh sta~ed he would if at all possible. The Director stated that registrations would qe sent in for Mr. Senti, Dr. Walsh, Planning Assistant Wardlaw and herself. It was moved, seconded and carried to adjourn the meeting. The meeting adjourned at 9:40 P. M. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER. CITY OF ~NGLEWOOD PLANNING AND ZONING COMMISSION MARCH 31, 1970 The Special Meeting of the City Planning and Zoning Commission was called to order at 8:05 P.M. by Vice-Chairman Lentsch. Members Present: Woods; Walsh; Senti; Lone; Lentsch Romans, Ex-officio Members Absent: Carlson Also present: City Attorney Berardini I I I