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HomeMy WebLinkAbout1990-06-05 PZC MINUTESl CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION June 5, 1990 I. CALL TO ORDER. D R A F T The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Tom Gerlick in the Community Room of the En- glewood City Hall. Members present: Shoop, Covens, Daviet, Gerlick, Glynn, Schultz Members absent: Tobin (with previous notice) Wanush, Ex-officio Also present: Planning Administrator Romans Mr. and Mrs. Herman Oliner, 570 West Ithaca James Rohla, 3517 South Elati John Hollberg, 3660 South Huron Regina Hollberg, 3615 South Huron Roland C. Herdine, 3601-3605 South Fox Arlene Luke, 3617-3621 South Fox David Petersen, 3601 South Huron Irma Schroeder Kobolt, 3602-3636 South Jason Mr. Kobolt Clinton Helton, 3611-3615 South Fox Bill Pendleton, First National Bank of Englewood II. APPROVAL OF MINUTES May 22, 1990 Chairman Gerlick stated that the Minutes of May 22, 1990 were to be considered for approval. Glynn moved: Daviet seconded: The Minutes of May 22, 1990 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Covens, Daviet, Gerlick, Glynn, Shoop None Schultz Tobin The motion carried. III. POSSIBLE REZONING Eight Areas in/adjacent to Downtown Mr. Gerlick welcomed members of the audience to the meeting, and stated that this meeting is an informal discussion of the pros and cons of the possible rezoning of some properties in and adjacent to the downtown area. Mr. Gerlick asked Mrs. Romans to identify the eight areas for the members of the audience. -1 - Mrs. Romans identified the eight areas on a map displayed to the Commission and audience, and cited the present zoning of the various sites, the use of these sites, and the proposed rezoning classification. The present zoning designation of many of these sites is inconsistent with the development and use of the properties. Mrs. Romans addressed Area Eight in depth, noting that a recent study of the area has indicated there are only three uses in this area which would be made nonconforming if the zone designation were to be changed from I-1, Light In- dustrial to B-2, Business. The majority of the development appears to be of- fice/business oriented rather than the manufacturing/industrial which the I -1 District was designed to encourage. Mrs. Romans stated that concern has been expressed over the last several years by previous Commission members that va- cant sites in this section could be developed for an industrial use which could detract from the existing development, and in fact be detrimental to property values. Mrs. Romans stated that she has received several inquiries about the use of the vacant property bounded by Ga 1 apago, Huron, Kenyon and Jefferson, and these inquires have centered on the possibility of high density residential use --not industrial development. High density residential use would be permitted in the B-2 Zone District, but not in the I-1 District. Mrs. Romans pointed out that any use which would become nonconforming by rea- son of a zone designation change could continue operation. and could continue even if the property were to be sold. Mr. Petersen inquired on the boundaries of Area 8, which Mrs . Romans iden- tified more fully. Mrs. Regina Hollberg stated that she is very opposed to any zoning change on their property; she feels the B-2 designation is more restrictive than the I-1 Light Industrial District . The Hollberg family is trying to sell their prop- erty, it has been on the market for a number of years, and in her opinion, the B-2 Zone designation would further inhibit a sale of the property. John Holl berg stated he was representing the property owners for the b 1 ock bounded by Galapago, Huron, Jefferson and Kenyon. They strongly oppose any change of zone designation . The property owners are trying "desperately" to sell the property, and have in fact, lowered the price several times but have not been able to make a sale. Mr. Hollberg discussed the ramifications a change of zone designation will, in his opinion, have on the tax assessment on their property, and the futility of appealing the assessment to Arapahoe Coun- ty or the State. Mrs. Romans stated that the staff had talked to the Arapahoe County Assessor's Office, and was informed that the property is presently being assessed at the commercial rate, and that the zone change would not affect the assessment. Mr. Hollberg took strong exception to this statement . Mr. Holl berg further discussed the attempts made by the Holl berg family to sell this property, stating that the only interest in the property has been a contractor who wanted to remodel the building. Mr. Hollberg stated that the economic climate in the City does not warrant redevelopment of property. Mr. Hollberg stated that, in his opinion, every action taken by the City in recent years has proven detrimental to their property, and cited the realignment of Inca Street/Inca Way during the development of the Buyer's Club/Home Club property, the loss of left-turning movement at Huron and U.S. 285, and the loss of access at Santa Fe and Kenyon. Mr. Holl berg stated that the family -2 - ' ' • has been unable thus far to sell the property in the I-1 District, and strong- ly oppose any rezoning action which would increase difficulty in selling the property. Mr. Petersen inquired as to the "intent" behind the rezoning, and who would benefit from the rezoning. Mr. Petersen stated that he could foll ow the rationale on the rezoning of those properties to the north of U.S. 285 as out- 1 ined by Mrs. Romans, but failed to find any justification for consideration of the area south of U.S. 285. It is evident that there is a great difference of opinion regarding what the property owners want and what is being con- sidered by the Commission. Mrs. Romans addressed the possibility of industrial uses, such as an auto wrecking yard, which could develop in the area and be detrimental to the ex- isting office/retail development. Mr. Hollberg stated that it is unrealistic to consider that an auto wrecking yard could develop in this area. Mrs. Ro- mans cited some locations that are presently being used for auto-related operations to the south of Kenyon, and pointed out that these operations are allowed under the I-1 Zone regulations. Mr. Helton stated that he felt the property owners should exercise their right to refuse to rent to businesses that would be detrimental to the area, and cited the fact that he has refused to rent to several businesses that are auto-related. Mr. Helton agreed that there are some sites that are being used for auto-related uses, and the junked vehicles do have an unattractive impact on the area. He suggested that these businesses should be required to provide screening to eliminate the visual impact on the adjoining businesses. Mrs. Romans pointed out that an auto wrecking yard is required to provide opaque fencing; however, it is the businesses engaged in the "storing and parting" operations but are not an "auto wrecking yard" that are not governed by these restrictions. Mr. Helton suggested the City could require that these uses provide fencing, or clean up the operations. Mr. Oliner discussed the impact of the traffic access to the Buyer's Club site, and stated that people are discouraged from even trying to get to the site by the traffic pattern. Mrs. Romans stated that there is an ad hoc com- mittee that is considering the matter of transportation and felt sure that this would be addressed by that committee. Mr. Petersen asked what the status is of the rezoning consideration; is this an imminent action, or has it been a dormant issue for some time that is just now being discussed? Mr. Gerlick stated that the issue has been raised for brief discussion in the past, but has lain dormant for some time. Mr. Schultz agreed that this is a very preliminary discussion, and is a result of consid- erations of the last several years. It was brought up again when the Depart- ment had a student intern from UCO who was part of a study group that chose the industrial area as a cl ass study project. Mr. Schultz stated that he feels the Commission wants to work with the property owners, and agreed the economic climate is not conducive to a lot of development/redevelopment right now. Mr. Gerlick stated that if the Commission determines to proceed with the rezoning, the properties would be posted advertising a date for Public Hearing before the Commission, the hearing would be held, and a recommendation from the Commission would be made to the City Council, who would then hold a second Public Hearing . -3 - Mr. Kobolt pointed out that Cushion World is not a "manufacturing" business, but is a retailer. He asked for clarification of uses that would be "grandfathered" in. Mrs. Romans stated that uses that are made nonconforming by the rezoning, or grandfathered in, may continue in operation, and if there is a calamity the use may be restored provided it was an "act of God." The structure may be kept in a safe condition, and the use may continue even though the business is sold . Mr. Kobolt stated that the structures owned by his wife were built a number of years ago, according to the zoning in effect at that time. These buildings serve a "need" and are rarely vacant. There is one unit which has been vacant and he and his wife have been working on the site; there was a prospective tenant who viewed the site, but when he heard about a possible change to the B-2 Zone classification, he was not interested in leasing the site. Mr. Kobolt stated that there is a certain amount of warehousing that occurs on the properties leased from his wife, which would not be permitted in the B-2. Mr. Kobolt stated that his wife is opposed to the change of zone classification. Mr. Helton stated that he built the improvements on his property in 1968 be- cause it was a light industrial area, and again emphasized that it is the responsibility of each land owner to keep the "nuisance uses" out. Ms. Daviet asked for clarification from Mr. Hollberg on the property tax as- sessment appeals. Mr. Hollberg stated that when challenging the assessment, consideration is given only to properties with like zoning. Mr. Hollberg stated that in unincorporated Arapahoe County, they have a master plan for zoning and development, and suggested that Englewood should have such a plan. Mrs. Romans assured Mr. Hollberg that Englewood does have a Comprehensive Plan with zoning and development indicated, and that the designation shown for this area south of U.S. 285 is Business. Mr. Covens asked if members of the audience had any comments regarding the proposed rezoning of Areas #1 through #7. Mr. Hollberg stated that he is of the opinion that those suggested rezonings make sense. Mr. Kobolt pointed out that Area 8 is across U. S. 285 from Cinderella City, and questioned that this area should be concerned about providing retail ser- vices. Mrs. Kobolt then pointed out that this area is also only a short dis- tance from the railroad tracks, and questioned that it would lend itself to attractive high density residential use. Mrs. Kobolt stated that she is op- posed to the rezoning of Area #8; it is developed for industrial and warehous- ing purposes, not for retail. Mr. Hollberg stated that he would like to sell the family property for con- struction of another office complex like the Executive Center, but the market is not there for this sort of development at this time. Mr. Gerlick asked if there were other comments? Mr. Herdine asked if the property owners will be kept apprised of the discus- sions on the rezoning. He further addressed problems he has experienced in Lakewood with uses that have been "grandfathered" in, and stated that the use cannot always continue as has been promised. Mr. Helton stated that in his opinion, the majority of the development in the area was not built for retail purposes, and there is insufficient traffic through the area to support retail. -4 - Mr. Gerlick thanked members of the audience for their attendance and discus- sion of the issue. He stated that if there were no further comments, the ~ meeting would continue with the next item on the agenda. Members of the audience excused themselves. Brief discussion ensued among Commission members regarding the proposed rezonings. Mr. Covens stated that the property owners have a valid point if, by a zone change, they are placed in a higher tax assessment rate and are forced to bear a burden with out benefits; however, he questioned that it is the respon- sibility of the Commission to consider whether a property owner can success- fully market their property if a rezoning occurs. Mr. Schultz agreed, and stated that there is a need to consider the "big picture". He suggested a need to consider Area 8 in a different manner, and stated that possibly the first block south of U.S. 285 should be considered for B-2. He stated there is a need to consider what may develop on properties that might be sold to "speculators", and the impact that possible development could have on the character of the area. Mr. Covens and Mr. Gerlick agreed that the Commission could proceed with rezoning of Areas #1 through #7, and give further consideration to Area #8. Covens moved: Glynn seconded: The Planning Commission proceed with the rezoning of Areas #1 through #7 as cited in the report prepared by Dan Girouard, dated February 21, 1990. The possibility of developing a new zone district for Area #8 was discussed. The vote was called: AYES: Covens, None Tobin None Daviet, Gerlick, Glynn, Schultz, Shoop NAYS: ABSENT: ABSTAIN: The motion carried. Mr. Gerlick asked that members of the Commission familiarize themselves with areas #1 through #7 prior to the Public Hearing. VI. PUBLIC FORUM. No one addressed the Commission under Public Forum. V. DIRECTOR'S CHOICE Mrs. Romans asked for vacation schedules of Commission members. Ms. Daviet stated that she would be out of town June 14 through 25, but avail- able for meetings the remainder of the summer. The meeting of July 3 was discussed. It was the consensus of the Commission that the meetings in the month of July will be on July 10 and July 24 rather than on July 3 and 17. -5 - Mr. Glynn stated that he will be out of town July 29 through August 12. ~ Mr. Covens stated that he will not be in town for the meeting on June 12. Mr. Schultz asked if there will be a quorum available on June 12, because he is scheduled to be in Ft. Collins on that date. With Mr. Covens' absence, and Ms. Tobin's statement to Mr. Gerlick that she would be out of town for three weeks, it did not appear there would be a quorum if Mr. Schultz were to be absent. A Public Hearing on the Swedish Medical Center Planned Development amendment has been advertised. Mr. Schultz stated that he wi 11 arrange to leave Ft. Collins early, and be back in time for the meeting at 7:00 P.M. on June 12. VI. COMMISSIONER'S CHOICE. Ms. Daviet stated that members of the Fire Services Delivery Task Force had received copies of a survey sent to residents by the Safety Services Depart- ment; it appeared that a lot of the responses were oriented more toward code enforcement than law enforcement and suggested that perhaps the staff would be interested in obtaining a copy of that survey. Mrs. Romans stated that she would do so. Mr. Covens discussed the Waste Management Task Force, and the application for a grant for a recycling project. The application for this grant must be pre- pared by the end of June. Mr. Covens discussed the proposed method of charg- ing for the recycling project, and stated that the more that can be recycled, the lower a property owners trash removal bill would be. There being no further business, the meeting adjourned at 9:05 P.M. Gertrude G. Welty Recording Secretary -6 -