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HomeMy WebLinkAbout1991-03-05 PZC MINUTES• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION March 5, 1991 I. CALL TO ORDER. D RA FT The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Schultz at 7:00 P. M. in the Community Room of the Englewood City Hall. Members present: Covens, Daviet (entered the meeting late), Draper, Dummer, Gerlick, Glynn, Schultz, Shoop, Tobin R. S. Wanush, Ex-officio Members absent: None Also present: Planning Administrator D. A. Romans II. APPROVAL OF MINUTES. February 20, 1991 Chairman Schultz stated that the Minutes of February 20, 1991 were to be con- sidered for approval . Draper moved: Tobin seconded: The Minutes of February 20, 1991 be approved as written. AYES: Draper, None Davi et None Dummer, Gerlick, Glynn, Schultz, Shoop, Tobin, Covens NAYS: ABSENT: ABSTAIN: The motion carried. III. CERTIFICATE OF APPRECIATION Mr. Schultz presented Mr. Tom Gerlick with a Certificate of Appreciation for his leadership as Chairman of the Commission from the Fall of 1989 through 1990. Mr. Gerlick thanked members of the Commission. Ms. Daviet entered the meeting and took her seat with the Commission. IV. GENERAL DISCUSSION Proposed Zoning for Annexation Areas A and B Mr. Schultz asked that Mrs. Romans lead the discussion on the proposed zoning designations for the two areas to be annexed to the City . Mr. Schultz also asked that all members of the Commission and audience introduce themselves . Attendees from the annexation areas include Mike Guetz, Home Lumber; Mr. and Mrs. Bowey and Mr. Selby, Arapahoe Rental; Mr. and Mrs . Eldredge and son; Mr . -1 - Noyes; and Mr. and Mrs. Binkley who are Englewood residents living on South Mariposa Street. Mrs. Romans projected transparencies of the two annexation areas depicting the existing land use, the existing Arapahoe County zoning, and the proposed En- glewood zoning designation of the enclaves in Areas A and B. Mrs. Romans also displayed a depiction of the existing Englewood zoning designations surround- ing these enclaves. Mrs. Romans discussed the zone classifications proposed for the annexation areas, and emphasized that the zoning designations were proposed with the existing use of the land in mind. Mrs. Romans did point out, however, that Home Lumber Company wi 11 become nonconforming under the City B-2 Zone District. The nonconforming use designation for this business will not impede the usual business operations, but if the use were abandoned for 180 days the use would have to revert to a "permitted" use in that busi- ness classification. Mr. Mike Guetz asked how he would obtain a written acknowledgment that his business, once annexed and zoned B-2, would become nonconforming, and the ramifications this nonconforming designation would have on business opera- tions. Mr. Wanush stated that staff of the Community Development Department would inspect the business, just as the Fire Department did, and the Zoning and Building Inspectors would issue a · written statement regarding the opera- tion, and what the implications of a nonconforming designation might be. This information could be presented to the Commission and Council at the time of the Public Hearings, and be incorporated into the record of those Hearings. A copy would also be issued to Mr. Guetz for his records. Mr. Wanush stated that the visit to Home Lumber can be scheduled at the convenience of Mr . Guetz. Mr. Covens inquired about the portion of the Home Lumber site which is zoned "O", Open; what was the specific use in mind at the time this parcel was pur- chased by Home Lumber. Mr. Guetz stated that he was not involved in the pur- chase of the property, but the parcel was always intended to be part of the over a 11 business operation. Mr. Guetz stated that upon annexation to the City, he would want the total property in one zone classification. Donald Noyes, 4590 South Windermere, stated that his property is zoned 1-2, Heavy Industrial, in Arapahoe County. The Englewood proposal would down-zone his property to I-1, Light Industrial. Mr. Noyes is of the opinion that this will result in a reduction of the value of his property, and severely limit the potential use of the site. Mr. Noyes emphasized that this is the only parcel from the south City limit to Denver which has access to railroad tracks that is zoned for heavy industrial use. Mr. Noyes stated that in the future he would want to be able to sell the property for Heavy Industrial use, and that, in his opinion, the down-zoning ·to 1-1 would reduce his potential sale value by half. Staff pointed out that Mr. Noyes' property is not developed with a heavy in- dustrial use, but with a light industrial use. Mr. Noyes agreed that the site is presently developed for light industrial use, but that with the 1-2 zoning there is the potential for a wider range of uses. Ms. Tobin asked what use • • Mr. Noyes could have under the 1-2 that he could not have in the 1-1 clas- sification. Mr. Noyes stated that the 1-2 list of uses is "wide open". In • response to a query from Mr. Glynn, Mr. Noyes stated that the property is presently developed for sheet metal manufacturing. In response to further inquiry, Mr. Noyes stated that he has not sought an appraisal or market -2 - • • • research on the current value of the property or potential value as either I-1 or I-2. Mr. Bowey asked if a nonconforming designation, such as on Home Lumber, went with the current owner or with the land; if the business were to be sold, could the new owner continue to operate it as a Lumber Company. Mr. Schultz stated that the use could continue as a Lumber Company so long as the use was not di scant i nued for a period of 180 days or more, in which event the use would have to be a permitted use under the zone classification. Mr. Bowey then inquired about above ground fuel tanks. Mr. Wanush read from the correspondence from the Fire Department, which points out that new above ground fuel tanks would not be approved; but that existing above ground tanks, if approved by the State, could continue. In response to a query by Ms. Daviet, Mr. Wanush stated that the City does upgrade all codes to comply with the latest state and federal regulations. Mr. El dredge asked if Mr. and Mrs. Porter had been contacted. Mrs. Romans stated that two letters have been sent to Mr. and Mrs. Porter at both their Englewood address and to the Arizona address. There has been no response from Mr. or Mrs. Porter, and the letters have not been returned to the office so staff can only assume that they are aware of the proposal and have no objection. Mrs. Eldredge stated that the properties along South Mariposa, and the proper- ty owned by the Porters and themselves fronting on West Tufts Avenue, are all proposed for single-family zoning. Mrs. Eldredge asked if they could not also be included in the light industrial classification; it is her opinion that the properties will sell better as industrial than as residential. It was also pointed out that the properties owned by Porter and El dredge face into in- dustri al zoning on the north side of West Tufts Avenue. Mrs. Eldredge stated that she didn't think they could possibly sell their property for residential purposes with the industrial zoning to the north, northwest, and southwest of them. Mr. Wanush stated that he could not guarantee what the response would be to a specific request from Mr. and Mrs. Eldredge for industrial zoning; anyone always has the option of applying for rezoning. Mr. Wanush did advise that significant change would have to occur to support a change of zone clas- sification; he pointed out that the properties are presently zoned single- family residential in the County, and industrial zoning has been imposed on adjacent and adjoining properties for an extended period of time. The prop- erty owners have had the option of requesting a rezoning in Arapahoe County and have not exercised that option. Mrs. Binkley inquired about enclosure of the Ditch, and developing a greenbelt with trees, etc. Mr. Wanush discussed the right-of-way that would be re- quired, and stated that this proposal ,would not be feasible, either economi- cally or practically. Ms. Tobin empathized with residents of the area, but pointed out that the Planning Commission makes recommendations to the City Council and the Council is the body that makes the final determination. Ms. Tobin advised that the residents and business people in the annexation areas should attend the City Council Public Hearing and make their concerns very clear to the City Council members. Ms. Tobin agreed with Ms. Eldredge's statement that it would be dif- ficult to sell property in this area for residential purposes. -3 - Mr. Wanush pointed out that the Commission could recommend that the industrial • zoning be imposed. Mr. Wanush emphasized, however, that good zoning practice generally breaks zone boundaries on rear property lines. Mr. Covens inquired about the opinion of Mr. and Mrs. Binkley if the property owned by Porter and Eldredge were to be zoned for industrial purposes. This would impose industrial on the north and west of their property, with residen- tial to the south and east. Mr. Binkley stated that he had hoped the Porter's would voice an opinion on the zoning, because if the Porter/Eldredge proper- ties are zoned industrial, this would impose industrial zoning on three sides of their property. Mrs. Binkley stated that they had tried to refinance their property approxi- mately one year ago; the value of their property was lowered considerably be- cause of the industrial zoning in back of them, and they were unsuccessful in obtaining the refinancing. Mrs. Binkley stated that she and her husband were of the opinion that the length of South Mariposa Drive should all be zoned the same, whether it is residential or i'ndustrial. Mrs. Binkley then inquired "what makes the people on the east side of South Mariposa Drive more valuable than the people on the west side of So~th Mariposa?" Mr. Wanush stressed that the proposed zone classifications are not creating any "change in use" from that which is presently in effect, but if light in- dustrial zoning were to be imposed ori the west side of South Mariposa Drive this would be creating a "change" for those residents on the east side of South Mariposa Drive. Mr. Wanush stated that he was not affiliated with the City at the time of the previous annexation and zoning of the properties in • the area, but he would assume that the goal was to create an industrial development area along Santa Fe Ori ve and the rail road tracks. Mr. Wanush reiterated that zone boundaries should break on rear property lines. Mrs. Romans stated that when properties in this area were annexed to the City and zoned for industrial development, the property owners had requested the industrial zoning. Discussion ensued. Mrs. Romans stated that at one of the meetings to which staff members and property owners/businessmen were invited, a gentleman who does appraisals stated that residential properties are valued higher at the present time than industrial properties. Further discussion ensued on the industrial vs. residential designation for the Porter/Eldredge properties, and those along South Mariposa Drive. Mrs. Eldredge stated that she knew Mr. and Mrs. McDermott wanted industrial zoning, but wasn't sure about Mr. and Mrs. Nelson. Mr. Binkley discussed the traffic pattern in the area and the proposed "S" roadway from Windermere/Tufts/Navajo. :Mr. Binkley stated that in his opinion this will increase traffic considerably, and asked if there would still be truck traffic in the area. Mr. Wanush questioned that the roadway would cre- ate additional traffic; additional industrial development would generate more traffic. Mr. Binkley stated that in his opinion it is naive to think street improvements will not bring in more traffic. Mr. Binkley further stated that the industrial development in the area has not been "planned", but has just occurred. Mrs. El dredge stated that "everybody along Mariposa felt it would be ideal to • sell together" as a package. Mr. Eldredge felt they would have a better chance under the industrial zoning to do this than if it were to be offered -4 - • • • for residential sale. Mr. Eldredge stated that he would personally try to contact Mr. Porter to discuss the issue with him. Mr. Selby questioned the rationale for zoning the former fairgrounds property for business on both sides of Belleview Avenue. Mr. Wanush stated that when the area was annexed, this was a large contiguous parcel of undeveloped prop- erty, and that City officials undoubtedly took into account the potential for development and revenue from sales tax which could be realized. Mrs. Romans pointed out that at that time, there was a development proposed by Brock which was under consideration, and the zoning was designed to accommodate that development. Unfortunately, there were economic turnarounds and the proposal was never built. The First National Bank of Englewood took over the property, and eventually sold it to the South Suburban Metropolitan Park and Recreation District, who now has plans for development. Mr. Selby asked if this is consistent with the long range plan, and who will have control of the development. Mr. ~anush stated that South Suburban owns the land; it is a part of the City of Englewood and development will have to comply with the Comprehensive Zoning Ordinance. Mr. Guetz asked if park uses are permitted under the B-2 Zone classification. Mr. Wanush stated that B-2 does permit public facilities, which a .park certainly is. Ms. Tobin strongly advised Mr. and Mrs. Binkley to get written verification of the depreciation of their property because of industrial zoning in the neigh- borhood. Ms. Tobin advised all the property owners, for their own protection, to get as much verification in writing as possible on the effect of a particu- lar zone classification on their property, and to present this information at the Hearings . Mr. Schultz stated that the Hearing before the Commission will probably be scheduled for April 16; the properties would have to be posted, and official notification would have to be published in the Englewood Sentinel. Further discussion on the benefits of industrial zoning for residential prop- erties along South Mariposa Drive ensued. Mr. Covens asked if there had been any contact with neighbors on the east side of South Mariposa Street regarding the zoning designation issue. Mrs. Eldredge indicated that she had not been in contact with people on the east side of the street regarding the zoning. Mr. Noyes asked what his chances were ·of getting a "dispensation" to use his property for 1-2 purposes even if it were to be zoned 1-1. Mr. Wanush stated that the staff would recommend the 1-1 zone classification for Mr. Noyes' property, and that there is no recommendation for a "dispensation". Mrs. Ro- mans pointed out that the property is presently used for a light industrial use, and given the size of the property it is highly unlikely that it will be used for anything but a use permitted in the 1-1 Zone District. Mr. Noyes stated that he has owned the property, which is one acre in size, since 1973. He felt that in the future, there may be a need for a "waste sta- tion" with access to rail facilities; his property has rail access and he is of the opinion that th i s would be a heavy industrial use that his property could be used for. Mr . Noyes discussed at length the requirements of EPA in Cal i fornia, and offered his opinion that those same restrictions will soon apply in Colorado as justification for a potential waste collection/hauling site on his property . -5 - Mrs. Romans pointed out that the former General Iron site in north Englewood is zoned I-2, and also has the potential for rail access. Mr. Guetz discussed his perception of an inconsistency in the proposed zone district application on Mr. Noyes' property; the proposed zone district is a "change" from that which exists, while the application to other sites is not a change. Mr. Wanush stated that the proposed zone designation reflects the existing use, as does the zone designation for the other sites in the Windermere/Tufts/Mariposa area. Mr. Covens suggested that it might be to Mr. Noyes' benefit to get market sur- vey information on the value of I-1 zoned land vs. I-2 zoned land. Ms. Tobin suggested that Mr. Noyes contact the City and County of Denver to get com- parab l es on sales. Mrs. Romans suggested that if they were to be obtained, comparables from Arapahoe County should be obtained rather than from Denver. Ms. Tobin suggested that Mr. Noyes should emphasize the fact that there is a railroad spur available to his property. Mr. Noyes stated whether a spur were to be allowed would be up to the City of Englewood. Discussion ensued. Mr. Schultz asked if there were further comments from the members of the au- dience. No further comments were forthcoming. The members of the Commission then discussed the proposed zone classifications further. Mr. Covens offered the opinion that land values would decrease if the properties on South Maripo- sa Drive were to be zoned industrial vs. residential. • Mr. Schultz reviewed the meetings with the property owners and staff represen- tatives, and pointed out that property owners will enjoy lower tax levies once • the annexation is effective. There are many benefits which will be available to these property owners upon annexation. It is not the intent of the City to lower the property values for anyone, but there is a need to be consistent in the zoning designations and to comply with the Comprehensive Plan for the City. Mr . Shoop inquired about input from the State on the "S" loop on Windermere/ Tufts/Navajo. Mr. Wanush stated that Office Engineer Rick Kahm would have the latest information on this; the State will be paying for a portion of this improvement. Mr. Schultz asked for a motion scheduling a date for Public Hearing. Shoop moved: Tobin seconded: The Planning Commission schedule a Public Hearing on the zoning designation for the Tufts/Windermere/Mariposa annex - ation area and for the Belleview Annexation area for April 16, at 7 P.M.; the zoning designations to be advertised are as proposed by staff and discussed this evening: 1155 West Belleview Avenue 1225 West Belleview Avenue 4695 South Windermere Street 4590 South Windermere Street 1540 West Tufts Avenue 1530 West Tufts Avenue 1510 West Tufts Avenue 1460 West Tufts Avenue R-1-C , -6 - B-2, Business B-2, Business I-1 , Light Industrial I-1, Light Industrial I -1, Light Industrial I -1, Light Industrial I -1, Light Industrial Single -family Residence • • • • • 1450 West Tufts Avenue 4655 South Mariposa Dr. 4685 South Mariposa Dr. R-1-C, Single-family Residence R-1-C, Single-family Residence R-1-C, Single-family Residence Ms. Daviet asked if there might be some compromise zoning that could be im- posed along South Mariposa Drive. Mr. Wanush suggested that possibly an in- creased density residential might be considered, but expressed the opinion that a business classification or industrial classification would not be appropriate. The vote on the motion was called. AYES: Dummer, None None None Gerlick, Glynn, Schultz, Shoop, Tobin, Covens, Daviet, Draper NAYS: ABSENT: ABSTAIN: The motion carried. V. PUBLIC FORUM. Chairman Schultz asked if anyone in the audience wanted to discuss anything else with members of the Commission. No one indicated they had anything fur- ther they wanted to discuss. VI. DIRECTOR'S CHOICE • Nothing was brought forth under Director's Choice. VII. COMMISSIONER'S CHOICE. Ms. Tobin stated that she wanted members of the audience to know that the Com- mission did appreciate their attendance at the meeting and their participation in the discussion of the issues. Mr. Covens reported on a Recycling/Waste Management/KAB meeting he had atten- ded on February 28. The Recycling Coordinator anticipates the pilot program will begin in May or June. The Waste Management/KAB Coordinator has been hired, and is progressing on the KAB designation for Englewood. There being nothing further to come before the Commission, the meeting was adjourned. Gertrude G. Welty, Recording ecretary -7 -